HomeMy WebLinkAbout20152866.tiff RESOLUTION
RE: APPROVE POLE LICENSE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
PUBLIC SERVICE COMPANY OF COLORADO, DBA XCEL ENERGY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Pole License Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Information Technology, and Public Service Company of
Colorado, dba Xcel Energy, commencing upon the full execution of signatures, and ending five
years after the date of the agreement, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Pole License Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Information Technology, and Public Service Company of Colorado, dba Xcel
Energy, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of August, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�KJIto•rk /
ATTEST: C f //Li< �.
rbara Kirkmeye , Chair
Weld County Clerk to the Board t\+. EL4
SED
r .; w ��"'" reeman, Pro-Tem
BY: 1861
De. ty Clerk to the Board
:! P Conway
LAPP E ORM: Qy�°��''� %ctt C L
Julie A. Cozad
ounty Attorney
Steve Moreno
Date of signature: 9//S // 5
2015-2866
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MEMORANDUM
V� M
�w.,�..�k f��. .
To: Esther Gcsick, Clerk to the Board
From: Ryan Rose, Chief Information Officer �'�
� , _ `� A�`
Date: August 20,2015
Subject: Xcel Pole Use Agreement
The Xcel Pole Use Agreement has been reviewed by Weld County legal and we are
requesting the BOCC approve and sign. This agreement is for the use of the Xcel poles in
order to run fiber-optic cable to the Ghase Quilding. .
We respectfully request the Weld County BOCC approve the agreement with
CenturyLink.
2015-2866
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Weld Coun Colorado ��
�' Tom Breuckman � � � - -
Attn: Barbara Kirkmeyer Manager, FacilityAttachments
1150 O Street 825 Rice Street, 3rd Floor
Greeley, CO 80632 St. Paul, MN 55117 P� 65 � 'Zz9'2zZ4
f: 651 .229.2260
c: 612.210.5564
xcelenergy.com tom.breuckmanC�3xcelenergy.com
Dear Customer;
Public Service Company (PSCO) dba Xcel Energy has a pole integrity inspection program. As a result
of that program poles in the PSCO service territory have been marked with various tags to indicate
difFerent conditions of the pole. This letter is meant to provide your company with information
concerning the assessment of the poles audited; and to serve as a reminder to be cognizant of the
condition of the pole when performing work of any kind on a pole .
The attached documents define the various condition assessments that the pole tags indicate. Please
ensure that all concerned parties in your organization are made aware of this information before
beginning any work on any pole .
At no time should a communication worker assume that any pole is safe. Lack of a tag does not mean a
pole is safe to support workers or equipment. PSCO cannot guarantee the condition of any pole in its
system. Please perform all prudent tests necessary to ensure the integrity of a pole before beginning
your work.
PSCO is very serious about safety; it is our sincere hope that your company is as well.
Feel free to contact me with any questions.
Respectfully, � I ] � � { (� ti J( ,
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Kaylc� �e�,jon� C� a 5 a �� � °� r � � �'1`�V�� �G � � l �.
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Kayla D. Jones �'�- ' , � � � �. T
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Consultant, Facility Attachments J
Colorado, Texas & New Mexico � � S C` �� �� a�� � a '�a � t�
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X c e l E n e r g y ��' ' ; � S �, C Qv� c � Q 5 h o r N e �'`� g � �
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Figure 4 : Pole Tagging Specification
connanr•�vr� POLE
zoos Visually inspected in 2009 only. No chemicals applied .
POLE — "OK"
Inspected and POLE —"MONITOR"
�,� treated in 2009, � °N� r Inspected and treated in 2009,
� groundline is solid � ? RSM at groundline greater
Zoos ( RSM = 100%) . 2009 than 70%. Preservatives
�,n�eruMe: Preservative FUMeww,e applied are Fumigants and
applied is Internal Void Treatment
Fumi ant.
� ° REINFORCEABLE POLE — PRIORITY "3"
NP . Inspected in 2009, RSM at groundline less than or
� equal to 70% and greater than 40% and meets the
zoo9 requirements for restoration . No preservatives
O O
(YellowTag - Blark Mo'.v) app li e d.
o ° REPLACE POLE — PRIORITY "3"
pE Inspected in 2009, RSM at groundline less than or
2009 equal to 70% and greater than 40% and does not
O O
meet the requirements for restoration . No
(WhHeTag - RedArtow) preservatives applied
O O
REPLACE POLE - PRIORITY "2"
a Inspected in 2009 , RSM at groundline less than or
zoo9 equal to 40% and greater than 25%. No
O o preservatives applied
(�Mitle Tag - Red ArrowJ
� NAME REPLACE POLE — PRIORITY " 1 "
� Inspected in 2009 , RSM at groundline less than or
2°°� equal to 25%. No preservatives applied.
(Red Tag - Whpe Arrow)
� REPLACE POLE — PRIORITY " 1 " Pole top Condition
� Inspected in 2009 , non-serviceable , above ground
2009 condition . No preservatives applied.
taed rap - un,rte am,y
Page 43 of 75
Document�:
POLP: LICENSE AGREEMENT
PUBLIC SERVICE COMPANY OF C:OLORADO d/b/a XCEL ENERGY, a Colorado
corporation ("Electric Company"), in consideration of the covenants and agreements specitied
herein, hereby grants to the County of Weld Colarado, a Colorado political subdivision
("Licensee"), a license for the use of certain poles owned by the Electric Company in the City of
Greeley in the State of Colorado upon the agreed terms and conditions hereinafter set forth in
this Pole License Agreement("Agreement").
WHEREAS, Electric Company is a public utility which provides electric service to its
customers and is the owner of certain distribution utility poles for its business; and
WHEREAS, Electric Company desires to assure that additional facilities added to its
pales do not create wind or ice loading hazards or other threats to the safety or integrity of its
distribution facilities or to personnel; and
WHEREAS, Electric Company entered into a Pole License Agreement dated October 10,
2003, with the City of Greeley, Colorado (the "City"), to permit the City to use and occupy
certain distribution utility poles in the City of Greeley, Colorado ("Poles"), for the purpose of the
provision of emergency communication services throughout the City; and
WHEREAS, Licensee has taken over the operation of the emergency communications
system in and for the City, and has requested that Electric Company permit it to continue to use
and occupy certain Poles for the limited purposes described below; and
WHEREAS, Electric Company is wi(ling to grant to Licensee under this Agreement a
non-exclusive license to use and occupy certain Poles in the City of Greeley, Colorado, for the
limited purposes of the provision of (a) emergency communication services (supporting
municipal police, fire, ambulance services and County Sherift's office) and (b) redundancy for
the County's internal, non-commercial cornmunications system, which purposes and uses are not
subject to the terms of 47 U.S.C. § 224 and implementing regulations issued by the Federal
Communications Commission (the "FCC"), and provided Licensee complies with the terms and
conditions set torth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set
forth in this Agreement, the parties hereto agree as follows:
ARTICLE I
Use
1.t Use of Poles. The use of Electric Company's Poles within the City of Greeley,
Colorado, which, upon application, may be given to Licensee under this
Agreement, is for the attachment to such Poles of Licensee's communications
wires and cables and related equipment ("Pacilities"), for the transmission �f
communication signals for Licensee's provision of(a) emergency communication
services (supporting municipal police, fire, ambulance services and County
Sherift's office) and (b) redundancy for the County's internal, non-commercial
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communications system, within the communication space on such Poles, and for
no other purpose. This Agreement does not allow for the attachment of antennas
or any radio frequency emitting equipment to Poles. Such use shall be in
accordanee with ihe Specifications For Communications Attachments to Xcel
Energy Distribution Facilities ("Specitications") made a part hereof as Exhibit A,
as may be amended by Electric Company f'rom time to time during the term of
this Agreement and any extensions thereof, and the conditions of this Agreement.
In the event Electric Company amends the Specifications as set forth in Exhibit A,
upon fifteen (15) days advance written notice from Electric Company, Licensee's
new Facilities placed after the date of written notice, must be in accordance with
the amended Specifications. All existing Facilities shall be brought into
conformity with any amended Specitications at the time of their normal
replacement, rebuilding, overlashing or reconstruction, unless the law mandates
that the changes must be implemented sooner.
1.2 Scope. This Agreement covers the attachment of Licensee's Facilities to
distribution utility poles owned by Electric Company. A "distribution utility
pole" is a pole that supports �lectric Company electric supply lines operating
below 34,500 volts.
ARTICLE II
Pole Permit Applications
2,1 Existing Pole Attachments. Licensee's existing inventory of attachments to Poles
as Facilities at the date of this Agreement, if any, listed by location is attached as
Exhibit Q. �lectric Company reserves the right to conduct an initial audit of
Licensee's Facilities at any time to verify the attachment count and to confirm
such Facilities comply with the terms and conditions of this Agreement. Such
audit will be conducted at Licensee's sole expense. Electric Company shall
provide Licensee advance written notice prior to conducting any initial audit to
enable a representative of Licensee to participate by way of observation in the
conduct of the audit. Electric Company shall provide a written report to Licensee
containing the results of the audit. The initial audit shall identify the number of
all attachments and their locations. Licensee agrees that the results of the initial
audit shall be the basis for calculating Licensee's Rent hereunder, until or unless
Licensee increases, decreases or modifies its attachments.
2.2 Pole Permit Ap�lication Required. Licensee shall prepare and submit an original
and two (2) copies of a Pole Permit Application (``PPA") on the form marked
Exhibit C, attached hereto, and made a part hereof, as modified from time to time
by Electric Company, when applying for permissian to make attachments of
Facilities to any Poles owned by the Electric Company. Electric Company
reserves the right upon written notice to require Licensee to submit any PPA
consistent with the standards and guidelines of an electronic permitting system as
established by Electric Company. The PPA shall describe the area for which
permission is requcsted, and shall include, as an attachment thereto, maps
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showing the location of the Poles being applied for the nearest address or latitude
and longitude of each Pole's location; the specifications of Licensee's Facilities to
be attachcd, the proposed attachment height of Licensee's Facilities and
attachment height of existing attachments, a detailed pole loading analysis for
each Pole, and otherwise demonstrate that the desired addition of Licensee's
Facilities will not adversely affect the integrity of the Poles or facilities of the
Electric Company and other attaching parties. Electric Company may also require
Licensee to submit a professional engineer's certification that Licensee's
Facilities proposed to be installed on Poles are in compliance with the
Specifications, the requirements of the National Electrical Safety Code ("NESC"),
the National Electric Code, and any other applicable industry, local, or state
codes, laws and regulations. Licensee shall limit each PPA to no more than 50
Poles, and the Poles in each YYA shall include consecutive Poles in pole lines,
consistent with Licensee's reasonable construction plans. I.icensee shall
reimburse the Electric Company for all reasonable costs and expenses associated
with the technical review of a PPA, upon submission of an invoice from Electric
Company to I,icensee.
2.3 Yre-Construction Inspection. Upon receiving a PPA, Electric Company may,
conduct a pre-construction inspection, as well as perform other such studies as
Electric Company deems necessary to determine whether the Poles, or any
individual Pole or Poles described in the PPA, will not be adversely affected by
the attachment of Licensee's Facilities. At Electric Company's request, Licensee
shall arrange for its personnel to participate with Electric Company personnel and,
if necessary, personnel of other attaching parties, in such a pre-construction
inspection. The pre-construction inspection may identify, among other things, the
exact location on each Pole where Licensee's attachment is to be made, Licensee
shall be responsible f'or and shall pay all reasonable, documented costs and
expenses incurred by Electric Company for such pre-construction inspection and
studies within thirty (30) days of receipt of an invoice.
2.4 Re,�ection of PPA. Clectric Company will provide Licensee with written notice of
its approval or denial of any YPA Electric Company may refuse the PPA or any
portion thereof for any reason, consistent with law and this Agreement, including
but not limited to a determination, in its sole but reasonable judgment, that there
is: (i) insufficient capacity on the Poles; (ii) the Poles are not suitable for
Licensee's Facilities due to reasons of safety, reliability or generally applicable
engineering purposes; (iii) if hazardous materials exist or may be disturbed; (iv) if
Electric Company determines that Licensee's Facilities interfere with or in any
way inhibit Electric Company's actual or intended use of the Poles; (v) if
Licensee fails to pay the costs and expenses described in Sections 2.3, 2.6(b) or
4.2; or (vi) if Licensee has not submitted to Electric Company proof of insurance
or evidence of permission and authority to attach and maintain Licensee's
Facilities as described in Section 3.2. Electric Company shall provide a written
explanation of any rejection in accordance with this paragraph.
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2.5 Approval of PPA. Licensee shall not install any Pacilities or occupy any Poles
until Licensee has received written approval of a PPA from Electric Company.
Clectric Company shall use its best efforts to approve or reject a PPA as soon as
reasonably possible, consistent with the completeness of the information
submitted by Licensee, coordinating pre-construction inspections, and general
administrative time availability. Pollowing execution by both parties, each PPA
is deemcd to be a part of this Agreement. In the event of a conflict or
inconsistency between the terms of this Agreement and the terms of a particular
PPA, the terms of this Agreement shall govern.
2.6 Make-ready Costs. (a) In the event Electric Company rejects a PPA or a portion
of a PPA, Licensee may submit a written request to Electric Company to prepare
and provide to Licensee an estimate of the costs of labor and materials that would
alleviate the reasons for rejection of a PPA or portion of a PPA ("Make-ready
Costs"). Electric Company may either accept or reject the request for make-ready
estimate in its sole discretion. Assuming Electric Company accepts the request
for make-ready estimate, Electric Company will prepare an estimate, inform
Licensee of the required changes and the estimated cost of such changes based on
Electric Company's engineering work standards. Electric Company will schedule
make-rcady work upon receipt of payment and written request from Licensee.
(b) Upon completion of the make-ready work, Electric Company shall invoice
Licensee for the actual Make-ready Costs. Licensee shall pay the invoice, less
any payments previously made for the work, within thirty (30) days after receipt
of the invoice. In the event that the estimate exceeds the actual cost, Licensee
shall be credited the difference. Upon completion of the make-ready work and
any work which other joint users or licensees of the Poles must perform to
accommodate Licensee's Facilities, and subject to the foregoing paragraphs,
Licensee shail be permitted to attach. Any attacher, including Electric Company,
who chooses to make changes to their own attachments at the same time work is
done to accommodate Licensee's Facilities, which changes are not necessary to
accommodate Licensee's Facilities, shall proportionately share in the actual cost
of the overall make-ready work.
2.7 Attachments and Installation. Upon receipt of written approval of a PPA
consistent with Paragraph 2.5 hereof, Licensee shall be authorized to place
Licensee's Facilities on the Poles described in such PPA; provided, however, that
Licensee has commenced attachment of Licensee's Facilities within ninety (90)
days from the date of an approved PPA or notice of completion of any make-
ready work, and has completed the attachment of i.icensee's Facilities within six
(6) months from the date of the approval of the PPA or notice of completion of
any make-ready work, unless otherwise mutually agreed by the parties. ilpon
written notice from Electric Company, this Agreement shall be null and void if
Licensee has not made attachments to F,lectric Company's Poles within twelve
(12)months of the Commencement Date.
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2.8 Placement of Facilities on Poles. linless otherwise specified by Electric
Company, Licensee shall ensure that the Licensee Facilities are located only on
the portion(s) of the Poles as shown in the applicable PPA.
2.9 Acceptance of Poles "AS IS" and Waiver. Electric Company does not guarantee the
condition of any Pole and at no time should Licensee or its personnel or contractors
assume that any Pole is safe. Occupation of the Poles by Licensee is conclusive
evidence that Licensee:
(a) accepts the Poles as suitable far the purposes for which they are licensed;
(b) accepts each Pole, any equipment or facilities of Electric Company and any
structure on the Pole and every part and appurtenance thereof"AS IS", with all
faults;
(c) waives any claims against Clectric Company arisin� or aile�ed to be arising
in any way out of the existence at or near the Poles of (1) electric power
generation, transmission, distribution, or related equipment; and (2) electricity or
other electromagnetic fields; and
(d) waives any claims a�ainst Electric Company relating to or arising from the
condition of or defects in the Poles and its appurtenances, any equipment or
facilities of Electric Company, or any structures on the Poles, or in respect of the
Po(es' habitability or suitability for any permitted purposes.
Nothing contained in this Section relieves the Electric Company from liability for
the gross negligence of the Electric Company or anyone acting under its direction
and control.
2.10 Correction of Noncompliance; T'aggin�. Unless safety concerns require an
immediate response by Licensee or unless the parties otherwise mutually agree,
Licensee will correct any non-compliance in its Facilities within ten (10) days of
receipt of a written notice specifying the non-compliance with the Specifications
or under applicable codes, laws, regulations or this Agreement> subject to
additional time due to weather or extenuating circumstances. Licensee shall, at its
own expense, and to the reasonable satisfaction of Electric Company, place guys
and anchors to sustain any unbalanced loads caused by Licensee's Facilities. On
a going forward basis, Licensee must attach to its Facilities, at each and every
attachment, an identification tag meeting reasonable specitications determined by
Electric Company. The identification tag must conform to an alphanumeric code,
which will be provided by Electric Company to Licensee. Licensee shall notify
Electric Company in writing immediately upon completion of attachment of
Licensee's Facilities. If Licensee fails to perform any of these obligations within
ten (10) days after receipt of notice specifying the non-performance, or such
additional time as the parties have mutually agreed, Electric Company may
terminate this Agreement as to the Poles in question,
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2.i 1 Post-Construction Inspection. After completing the installation of any Facilities,
Licensee shall notify Electric Company in writing that the installation is complete.
Electric Company may require Licensee to include a professional engineer's
certitication that the racilities have been attached consistent with the
requirements of the approved PPA, any instructions provided as part of a pre-
construction inspection, the Specifications and all code and other requirements of
this Agreement. Electric Company may then conduct a post-construction
inspection following receipt of such notice. By reserving this right to conduct a
post-construction inspection, Elcctric Company undertakes no obligat'rons,
responsibilities or liabilities whatsoever with respect thereto, and Electric
Company's failure to inspect shall not constitute a waiver or relieve Licensee of
its obligations to install and maintain the Facilities in compliance with this
Agreement. Licensee shall be responsible for and shall pay within thirty (30)
days of a receipt of an invoice all reasonable, documented costs and expenses
incurred by the Electric Company for such post-construction inspection.
2.12 Termination of Ri�ht to Use. If at any time Electric Company determines, in its
sole discretion, that a Pole, or space on a Pole, is required for F.lectric Company's
use or is no longer suitable for attachment of the Licensee's Facilities because of
safety, rcliability, general engineering standards or other considerations, Electric
Company may require Licensee to remove, relocate, or transfer Licensee's
Facilities from such Pole upon the earlier to occur of(i) thirty (30) days written
notice, or (ii) the actual date of the need f��r removal, relocation, or transfer,
unless the parties can make such other arrangements as are mutually agreeable to
continue to accommodate Licensee's Facilities. In the case of safety or reliability
concerns, Electric Company may require Licensee to implement immediate
remediation measures. Electric Company shall provide access to substitute Poles,
if available, adequate for the Licensee's Facilities, or, where practicable, modify
said Polc at the reasonable expense of Licensee and other parties utilizing said
Pole. In the event i,icensee fails to remove, relocate or transfcr I.icensee's
Facilities from the Pole within the time required, and was not prevented from
doing so by another attacher, Electric Company may remove, relocate or transfer
Licensee's Facilities at Licensee's sole risk and expense and Licensec shall
reimburse Electric Company the entire actual and documented expense thereby
incurred. Except to the extent of the gross negligence, or willful misconduct of
Electric Company, its officers, directors, employees or agents, F,lectric Company
shall have no liability or responsibility whatsoever to Licensee or Licensee's
customers for such remediation and to the fullest extent not prohibited by
applicablc law, Licensee shall defend, indemnify Electric Company and its
contractor for any claims or damages of or liability to third parties, including
attorney's fees, arising from or in connection with such removal, relocation or
transfer activities.
2.13 Relocation of Pole. Notwithstanding anything in this Agreement to the contrary,
if any goverrtmental agency or entity requests the relocation of any Electric
Company Pole containing any Licensee Facilities or requires Electric Company to
change its wiring from aerial to underground, Licensee shall remove or relocate
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such Facilities, at Licensee's cost, provided �lectric Company provides notice to
Licensee as soon as reasonably possible after Electric Company receives notice
from said agency or entity. If the relocation of Licensee's Facilities is inadequate
to meet its needs, Licensee shall have the right to terminate the PPA for that Pole.
2.14 Pole Replacement. If at any time Electric Company determines to replace a Pole
occupied by Licensee, Electric Company may require Licensee to remove,
relocate, or transfer Licensee's Facilities, at Licensee's sole cost, from the Pole
upon the earlier to occur of(i) sixty(60) days written notice, or (ii) the actual date
of the need for removal, relocation, or transfer, unless the parties can make such
other arrangements as are mutually agreeable to continue to accommodate
Licensee's Facilities on the Pole.
2.15 Rearran�ement of Licensee Facilities to Accommodate Others. Upon written
request of Licensor or a third party, Licensee shall coordinate with the third party
to make reasonable accommodations to facilitate the third party's attachment of
equipment to Pole(s), including rearrangement of Licensee's Pacilities, where
such rearrangement will not result in violation of the Specifications.
2.16 Rernoval. Licensee may at any time remove its Facilities from any Pole or Poles
for which it has an approved PPA. Licensee shall remove all of Licensee's
Facilities trom said Pole or Poles in advance of notifying Electric Company of
such removal by submitting a PPA indicating the Pole or Poles that are affected
by the removal. All costs of removal shall be the responsibility of Licensee, and
except to the extent of the gross negligence, or willful misconduct of Electric
Company, its officers, directors, employees or agents, Electric Company shall
have no liability or responsibility whatsoever to Licensee or Licensee's customers
for such removal and Licensee shall indemnify Electric Company and its
contractor for all claims or damages of or liability to third parties, including
attorneys' fees, arising from or in connection with such removal activities.
Licensee's obligation to pay Rent shall continue throughout the time it is attached
to Electric Company's Poles, and shall terminate only when Electric Company is
reasonably satisfied that all removal activity is complete. No adjustment, prorate
or refund of any pre-paid Rent will be due because of such removal. Should
Licensee thereafter again wish to make attachments to such Poles, it shall make
application and receive a permit therefore, as provided in Section 2.2.
2.17 Installation Specifications. All of Licensee's Pacilities installed on Poles
hereunder shall, at all times, meet the lawful requirements of Electric Company,
including the most recent version of the Specifications, and the requirements of
the National Electrical Safety Code, the National Electric Code, and any other
applicable industry, local, or state codes, laws and reguIations. Licensee shall be
sotely responsible for assuring that the installation and attachment of Licensee's
Facilities are in compliance with the same.
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2.18 Inspection and Maintenance. Eleciric Company reserves the right to conduct field
audits and to inspect Licensee's Facilities at reasonable intervals in compliance
with applicable law during the term hereof for purposes of determining
attachment counts and Licensee's compliance with the Specitications and ihis
Agreement. Elcctric Company will share the results of these field audits as they
concern Licensee's Facilities and will provide written notice prior to the
commencement of a field audit. The costs associated with any field audit shall be
borne proportionately by Licensee and all third-party attaching entities
participating in the audit of the respective inspected Poles in relation to the
number of Poles to which each entity is attached. Licensee shall perform all work
necessary to maintain its Facilities in compliance with the Specrtications and
applicable codes, laws, regulations and this Agreement, at Licensee's expense. In
the event Licensee fails or refuses to perform such work within thirty (30) days
after being so notified in writing of the specifics of the non-compliance, Electric
Company may perform the work or direct the performance of such work and
charge Licensee for the reasonable, documented cost thereof. By reserving this
right hereunder to inspect and to require or perform maintenance, Electric
Company undertakes no obligations, responsibilities or liabilities whatsoever with
respect thereto, except to the extent of the gross negligence, or willful misconduct
of �lectric Company, its officers, directors, employees or agents. F,lectric
Company's exercise of such rights shall be solely within Electric Company's
discretion, provided the same are exercised in a non-discriminatory manner and in
compliance with applicable law, and shall not relieve Licensee of its obligation to
maintain Licensee's Facilities in compliance at all times.
2.19 No Modification. (a) Licensee shall not modify or change the position of any
F'acilities, except with the prior express written consent of Electric Company.
Prior to giving any such consent, Electric Company may require Licensee to
provide additional wind and ice loading analysis, and otherwise reasonably
demonstrate that the desired modification of Facilities will not adversely affect
the integrity of the Pole or facilities of the Electric Company and other attaching
parties. Maintaining authorized Facilities shall not require prior authorization or
notices, except that where a service drop is attached or removed from any Pole,
Licensee shall submit a PPA within thirty (30) days after such attachment or
removal.
(b) Por overlashing, Licensee shall notify Electric Company of the
overlashing as soon as possible, and no later than thirty (30) days prior to the
overlashing, except in the event of an emergency restoration for customer service
issues. The required notitication shall include: (1) a description of the area where
the overlashing is to occur, including route maps; (2) a description of the
overlashin�; (3) a representation that the overlashing will not require any space
other than the space previously designated for Licensee's Facilities; (4) a
professional engineer's certifcation that the overlashing will not impair the
structural integrity of the Poles involved, violate the standards of the NESC, the
National Electric Code, Spccifications, or any other applicable industry, local or
state codes, laws and regulations; and (5) not cause any other attachments to the
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Poles to be adversely affected by such overlashing or fall out of compliance with
the above-referenced requirements. Licensee shall be responsible f'or and shall
pay within thirty (30) days of a receipt of an invoice all reasonable, documented
costs and expenses incurred by the Electric Company for overlashing construction
inspection.
2.20 Unauthorized Attachments. If any of Licensee's Pacilities shall be found attached
to Poles for which no Agreement and or PPA has been approved, or to anchors,
electric service entrance equipment including, but not limited to, meter housings,
service masts and service risers, or found to utilize unauthorized anchor/guy
strands or other equipment not permitted by the Specitications, Electric Company,
without prejudice to its other rights or remedies under this Agreement, including
termination of this Agreement, may require Licensee to pay Electric Company an
unauthorized attachment charge equal to the back Rent for each unauthorized
attachment plus $20.00 for each unauthorized attachment plus interest at the Past
Due Interest Rate as detined in section 4.1. If the period of attachment cannot be
precisely determined, then such back Rent shall be for the period between the date
of the most recent field audit performed by Electric Company in the geographical
area where the unauthorized attachments were discovered and the date of
discovery by Electric Company, or tive (5) years, whichever is less. ln addition,
Electric Company may require Licensee to submit a PPA for the unauthorized
attachments to Poles and require payment of all reasonable, actuai and
documented review and engineering costs, within thirty (30)days after the date of
written notification from Electric Company. If such PPA and payments are not
received by Electric Company within the specitied time period, Electric Company
may require Licensee to remove Licensee's unauthorized attachments and
Facilities within a time period reasonably speci6ed by Electric Company, and if
Licensee fails to so remove, Electrie Company may remove Licensee's Facilities.
The reasonable documented costs and expense of such removal by Electric
Company shall be the responsibility of Licensee and, except to the extent of the
gross negligence, or willful misconduct of Electric Company, its officers,
directors, employees or agents, Electric Company shall have no liability or
responsibility whatsoever to Licensee or Licensee's customers for such removal
and Licensee shall indemnify Electric Company and its contractors for any claims
or damages of or liability to third parties, including attorneys' fees, arising from
or in connection with such removal activities.
ART[CLE III
Conditions
3.1 Subordination. Nothing in this Agreement shall be construed to in any way deny,
prohibit or intertere with �;lectric (:ompany's ri�hts and ability to utilize its Po(es
for the furnishing of services to its customers. All rights of Licensee hereunder
are subject and subordinate to Electric Company's rights to so utilize its Poles and
Electric Company retains all rights, consistent with law, to sole and priority use of
the Poles. Notwithstanding the above, nothing herein contained shall be
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construed to compel Electric Company to maintain any of its Poles for a period
longer than demanded by its own service requirements. Electric Company shall
give, upon its determination to remove or abandon any Pole or underground any
part of its system, written notice to Licensee of its determination. Thereupon,
Licensee must remove ali Facilities at Licensee's expense.
3.2 Permits, Licenses and Grants. Licensee shall be solely responsible for obtaining
from public authorities and private owners of real property all permits, licenses,
certificates, franchises and grants, if any, necessary to attach, access and operate
Licensee's Facilities in the rights-of-way and easements occupied by Electric
Company's Poles and shall submit evidence to the satisfaction of Electric
Company of such authority upon written request. This Agreement grants no
ownership or interest in any easements, rights-of-way or public ways occupied by
F,lectric Company's facilities. Licensee shall obtain from the owners of the
property permission to occupy the easements, rights-of-way or public way, at its
cost. Licensee shall defend, indemnify and reimburse Electric Company for all
loss and expense which result from any claims of governmental bodies or others
that Licensee has not a sufficient right or authority for placing and maintaining
Licensee's Facilities on Clectric Company's facilities.
3.3 Representations. Licensee shall assure that its employees, contractors, agents, and
representatives do not represent to any landowners, tenants or occupants of the
property on which work is performed as to this Agrcement that Electric Company
has granted Licensee any permission or right to use utility easements or
equipment provided by Electric Company or its customers for exclusive use by
Electric Company to provide utility service, or the right to otherwise enter upon
the property of landowners, tenants or occupants. Licensee shall instruct its
employees, contractors, agents and representatives not to make such
representations.
3.4 Other Restrictions. It is expressly understood that any rights granted to Licensee
hereunder are subject to those certain franchise agreements and/or other contracts
with or permissions of governmental authorities or private persons, such as but
not limited to easements or rights of way, concerning Electric Company's use of
its Poles.
3.5 A�:reement Only. T'his A�recment shall not in any way vest ownership in any of
Electric Company's Poles or other facilities in Licensee, but is and shall continue
to be a license to utilize such Poles in accordance with the terms hereof. Licensee
shall obtain no priority for its Facilities over any other party's attachments, except
as specified in this Agreement and required by applicable law. Licensee
expressly agrees that any of its Facilities which have not received express
authorization by Electric Company shall not have priority over any attachment of
any other party which receives prior authorization.
3.6 Non-exclusive. The license granted by this Agreement is non-exclusive and
Electric Company reserves the right to grant similar agreements to others and to
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make other arrangements with third parties for the use of its Polcs on a non-
discriminatory basis. Licensee understands that �lectric Company may have
entered into agreements with other entities for the joint and/or licensed use of
facilities. The rights of Licensee hereunder are subject to the terms of those prior
agreements, as they may be amended from time to time, and all previously
authorized attachments. All costs and expenses incurred in order to accommodate
Licensee's Facilities on any Pole necessary to comply with those prior agreements
shail be borne by Licensee.
3.7 Damage Repair. In the course of installation, operation and maintenance of
Licensee's Facilities, Licensee shall use due care, and any damage to Electric
Company's Poles or other equipment and facilities shall, at the option of F,lectric
Company, be either repaired by and the cost borne by Licensee or repaired by
Electric Company and the cost thereof charged to Licensee.
3.8 Indemnification by I,icensee and Contractors. To the fullest extent not prohibited
by applicable law: (a) Licensee shall defend, indemnify, protect and save Clectric
Company harmless trom and against (i) any and all claims and demands for
damages to property and injury or death to persons, including payments made
under any worker's compensation law or under any plan for employees' disability
and death benetits, and (ii) from any other claims, including but not limited to
claims relating to: (1) the erection, maintenance, presence, use or removal of the
Licensee's cable, equipment and facilities or by the proximity or condition of the
cables, equipment and facilities of Electric Company or any other attachers on the
Poles; (2) any act of the Licensee or its cantractors or agents on or in the vicinity
of the Electric Company's Poles, in the performance of this Agreement; (3) any
and all claims and demands that arise directly or indirectly trom the operation of
the Licensee's Facilities including taxes, special charges by others, claims and
demands for damages or loss for infringement of copyright, for libel and slander,
for unauthorized use of television broadcast programs, and for unauthorized use
of other program material; and (4) claims and demands for infringement of
patents with respect to the manufacture, use and operation of the Licensee's
equipment in combination with the Electric Company's Poles or otherwise.
(b) Nothing contained in this section relieves the �:lectric Company from liability
for the gross negligence of the Electric Company or anyone acting under its
direction and control.
(c) Defense Costs and Attorneys' Fees. The above indemnity obligations
shall include, upon written request of the Electric Company within a reasonable
time, the obligation of the Licensee to defend any and all such actions, claims or
other legal proceedings with counsel reasonably acceptable to the Electric
Company.
(d) Licensee shall obtain from each of its contractors which will perform the
work on or about the Poles, and deliver to Company prior to the performance of
any work by the contractor on or about the Poles, the contractor's written
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agreement to defend, indemnify, protect and save Electric Company harmless
from and against (i) any and all claims and demands for damages to property and
injury or death to persons, including payments made under any worker's
compensation law or under any plan for employees' disability and death benefits,
and (ii) from any other claims, including but not limited to claims relating to: (1)
the erection, maintenance, presence, use or removal of the Licensee's cable,
equipment and facilities or by the proximity or condition of the cables, equipment
and facilities of Clectric Company or any other attachers on the Poles; and (2) any
act of the contractors or its agents on or in the vicinity of the Electric Company's
Poles. This indemnity obligation shall include, upon written request of the
Electric Company within a reasonable time, the obligation of the contractor to
defend any and all such actions, claims or other legal proceedings with counsel
reasonably acceptable to the Electric Company. Nothing contained in this section
relieves the Electric Company trom liability for the gross negligence of the
Electric Company or anyone acting under its direction and control.
39 Limitation of Liabilities. NEITHER PARTY SHALL BF, LIABLE TO THE
OTHER PARTY FOR ANY INCiDENTAL, INDIRECT, PLJNITNF,, TREBL,E,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLLIDING
BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS OR LOSS
OF PROFIT ARISING OUT OF THIS AGRE�MENT OR ANY OBLIGATION
HEREUNDER; provided, however, there shall be no limitation on a party's
liability to the other to indemnify for any fines or penalties imposed on the party
by any court of competent jurisdiction or any f'ederal, state or local administrative
agency resulting from the failure of the party to comply with any tcrm or
condition of this Agreement or any applicable Laws.
3.10 Insurance. During the term of this Agrecment and so long as Licensee is using
the Poles pursuant to this Agreement, Licensee shall maintain, and shall require
its contractors and subcontractors which do any work in connection with this
Agreement to maintain, in full force and effect, with a carrier or carriers duly
authorized to do business in the State that such Poles are located, the following
insurance coverage which may be modified from time to time by the Electric
Company upon written notice, as well as such insurance necessary to insure the
indemnity obligations contained herein:
a) Worker's compensation insurance complying with the (aws of the
applicable State.
b) Commercial General Liability Coverage, including owner's and
contractor's protective liability, product/completed operations liability,
with a combined single limit of $5,000,000 each occurrence. Such
insurance shall (a) name Electric Company, its officers, agents, and
employees as additional insured; (b) be primary for all purposes; and (c)
contain standard cross-liability provisions.
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c) Comprehensive Automobile Liability with combined single limits of not
less than one million dollars ($1,000.000).
d) Excess liability/umbrella coverage in an amount not less than $5,000,000
for each occurrence. Such insurance shall name Electric Company, its
officers, agents, and employees as additional insured.
e} Licensee shall require its insurers to waive all rights of subrogation against
Electric Company, its officers, agents and employees. It is understood that
the limits of such insurance coverage shall not be construed to limit
Licensee's liability under this Agreement. Licensee shall submit
certiticates of such insurance to Electric Company, in a form and
substance acceptable to Electric Company, prior to the granting of any
PPA hereunder, which shall provide for a thirty-day written notice to
Electric Company prior to any cancellation, non-renewal or material
reduction in coverage of any insurance. In the event of cancellation,
equivalent substitute insurance must be obtained so that appropriate
insurance covera�e exists at all times. Licensee shall cause its insurance
policies to name Public Service Company of Colorado d/b/a Xcel Energy
as an additional insured for purposes of its obligations under this
Agreement. Licensee shall assure that its insurance carriers shall maintain
a rating by a national rating agency satisfactory to Electric Company
during the term of this Agreement and any extensions thereto.
3.11 Financial Securitv. Upon granting of any PPA hereunder or at any time during
the term hereot; Electric Company may require Licensee to furnish a Ietter of
credit or corpvrate surety bond as security for the performance of Licensee's
obligations under this Agreement. Such letter of credit or bond shall be with a
company and in a form and amount satisfactory to Electric Company.
3.12 Work on Poles by Licensee's Contractors. In performing the work on the Poles
hereunder, Licensee shall utilize only qualified and competent contractors
knowledgeable in the work to be performed who are familiar with the facitities
and safe practices utilized in, on or around Electric Company's Poles. All work
on Licensee's Facilities (including but not limited to installation, removal and any
maintenance work) shall be performed by Licensee's contractor operating from
either a ladder or bucket truck. Direct climbing of the Poles by Licensee's
contractors is prohibited, unless access requires pole climbing by Licensee's
authorized contractors who must be qualified to climb.
3.13 Subject to Regulatory or other Governmental Authority.
(a) Electric Company and Licensee understand that this Agreement may be
subject to regulation by the Federal Communications Commission
("Commission"), or other regulatory or governmental bodies and, therefore, is
subject to modification for compliance with any laws, certiticates, orders or
regulations which may be issued from time to time by them. Either party may
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propose amendments to the Agreement to bring the terms and conditions into
compliance with such regulatory chan�;es. Notwithstanding the foregoing, the
Parties agree that this Agreement is not subject to the terms of 47 U.S.C. § 224
and implementing rcgulations issued by the FCC.
(b) Licensee's Facilities shall, at all times during the term of this Agreement
and any extensions thereof, be maintained in compliance with all laws,
regulations, ordinances and rules of governmental bodies having jurisdiction over
the subject matter hereof ("Laws") which are currently or may hereafter be
enacted, including but not limited to, the Federal Energy Regulatory Commission
("FCRC"), the Occupational Safety and Health Administration ("OSHA"), the
National Clectric Safety Code ("NESC") and the National Electrical Code
("NCC"), as they relate to the operation of Licensee's Facilities and the use of
Electric Company's Poles. Licensee shall be responsible for the costs of
implementation of all alterations, modifications or adjustments to Licensee's
Facilities which may be required by such Laws within the time period permitted
for compliance by law or within a reasonable time as directed by Electric
Company. Clectric Company reserves the right, at its option, to designate a
representative to oversee the work, at the reasonable, actual and documented
expense of F,lectric Company. In the event Licensee does not make such
alterations, modifications or adjustments to Licensee's Facilities, Electric
Company may terminate this Agreement and remove. Licensee's Facilities at
Licensee's expense upon thirty (30) days prior written notice. F,xcept to the
extent of the gross negligence or willful misconduct of Electric Company, its
officers, directors, employees or agents, Electric Company shall have no liability
or responsibility whatsoever to Licensee or Licensee's customers for such
removal and Licensee shall indemnify Electric Company and its contractor far
any claims or damages or liability, including all costs and reasonable attorneys'
fees arising from or in connection with such removal activities.
3.14 Liens.
(a) Licensee must keep the Poles free trom any liens arising from any work
performed, materials furnished, or obligations incurred by or at the request of
Licensee. If any lien is filed against the Pole as a result of the acts or omissions
of Licensee, or Licensee's employees, agents, or contractors, Licensee must
discharge the lien or bond the lien off in a manner reasonably satisfactory to
Electric Company within sixty (60) days after Licensee receives written notice
trom any party that the lien has been filed or within such tonger period of time, if
applicable, as may be provided by law.
(b) If Liccnsee fails to discharge or bond any lien within such sixty (60) days
or such applicable longer period, then in addition to any other right or remedy of
Etectric Company, Electric Company may, at its election, discharge the lien by
deposit with a court.
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(c) Licensee must pay on demand any amount paid by Electric Company for
the discharge or satisfaction of any lien, and all reasonable attorneys' fees and
other legal expenses of Electric Company incurred in defending any such action
or in obtaining the discharge of such lien, together with all necessary
disbursements in connection therewith.
3.15 Access. The following provisions shall govern Licensee's access to the Poles,
unless otherwise modified on a PPA:
(a) Access for construction, routine maintenance and repair, and other non-
emergency visits is permitted during normal business hours (defined as Monday
through Saturday 7:00 a.m. to 7:00 p.m.).
(b) In the event of emergency or service outage, Licensee is entitled to access
the Poles twenty-four(24) hours per day, seven (7) days per week.
(c) Access to the Poles may be by foot or motor vehicle, including trucks and
equipment.
(d) Access to any third party, private landowner or governmental property
shall be per Licensee's agreement with said landowners.
Licensee acknowledges that the foregoing access rights are subject to any
limitations or restrictions on access imposed upon Electric Company (and
therefore upon Licensee) by the property owner under any underlying lease,
easement or license document relating to a particular Pole. Licensee agrees to
abide by such limitations or restrictions provided that Licensee has been given a
copy of the lease agreement or has been notified by Electric Company of such
limitations and restrictions.
3.16 Casualtv. If there is a casualty to any Pole, Electric Company will make
reasonable efforts within sixty (60) days of receiving actual notice of such
casualty to repair or restore the structure. Upon completion of such repair or
restoration, Licensee is entitled to reinstall Licensee's Facilities. The costs to
reinstall Facilities shall be borne by Licensee upon completion of such repair or
restoration. In the event such repairs or restoration will reasonably require more
than sixty (60) days to complete, Licensee is entitled to terminate the applicable
PPA upon thirty (30} days prior written notice or to request access to substitute
Pole, if available, adequate for Licensee to continue to provide service to
Licensee's customers.
3.17 Condemnation. In the event of a condemnation of any Pole, including without
limitat�on a transfer of the Pole by consensual deed in lieu of condemnation, then
the PPA for the condemned Yole will terminate immediately, without further
liability to either party under this Agreement. Licensee is entitled to pursue a
separate condemnation award, including an award for relocation expenses, from
the condemning authority or to request access to substitute Pole, if available,
adeyuate for Licensee to continue to exercise the permitted purpose using Electric
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Company Poles. Electric Company will give notice to I,icensee as soon as
reasonably possibly after Electric Company receives notice from said agency or
entity.
3.18 EMF. Licensee agrees and understands that it has been fiully advised by Electric
Company that electromagnetic fields (CMF) occur in the vicinity of Electric
Company's electric transmission and distribution lines and substations, Poles and
other equipment owned or operated by Electric Company or third parties, and
Licensee hereby releases Electric Company from any liability for any claims
arising from, alleged to arise from, or related to any injury allegedly actually
occurring, imposed as a result of, arising from ar reiated to effects of EMF, stray
current, or induced voltage on or about the Poles.
ARTICLE IV
Rent
4.1 Rent for (,'se. The rental ("Rent") shall mean the charge in effect from time to
time for Licensee's use of the Poles as set forth in the attached Exhibit D.
Electric Company shall provide Licensee at least sixty (60) days written notice
prior to any increase of the then current Rent.
(a) Licensee shall pay Electric Company for use of Poles under this
Agreement, an annual Rental fee for each Facility attached to a Pole included
within an approved PPA. Rental fees shall be due and payable annually in
advance on the first day of year. Rent shall be prorated for periods less than one
(1) year. The Rent shall be payable to the Electric Company at the address
specified on each invoice.
(b) Any Rent or other amount owing to Electric Company from Licensee
which is not paid within ten (10) days of when due may, at Electric Company's
option, bear interest until paid at the lesser of:
• the rate of l2 percent interest per annum.
� the maximum rate allowed under the applicable State law (the "Past
Due Interest Rate").
4.2 Costs of Work Performed. Licensee shall pay Electric Company the reasonable,
documented costs of all work performed by Electric Company or its contractors
pursuant to this Agreement. The word "costs," shall mean fully allocated costs
determined by using Electric Company's regular and customary methods of
calculating costs. Such costs invoiced to the Licensee shall be paid in advance
unless otherwise permitted by Electric Company or otherwisc specified in this
Agreement.
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4.3 Taxes, Fees, Assessment and Franchises. Licensee shall pay Electric Company
the actual, documented amount of any federal, state or local excise tax, license,
sales, use or other similar taxes, fees, assessment, surcharge, franchise f'ee or
charge paid by �lectric Company resulting from or due to Licensee's use or
occupancy of Electric Company's Poles, other than taxes on Electric Company's
income from this Agreement. The costs shall be paid by Licensee within thirty
(30) days of receipt of an invoice from Electric Company. To the extent Licensee
claims to be exempt from any otherwise applicable tax, Licensee shall provide
Clectric Company with a Certiticate of Exemption regarding the specific tax for
which an exemption is claimed.
ARTICLE V
Term and Termination
5.1 Term. The term of this Agreement and all PPAs shall be five (5) years,
commencing upon the date of this Agreement (the "Commencement Date") and
shall be automatically renewed for additional one (1) year terms therealter, unless
either party hereto shall notify the other of such party's intention not to renew this
Agreement at least one hundred eighty (180) days prior to the expiration of the
initial term or any renewal term thereafter, or unless otherwise terminated in
accordance with this Agreement.
5.2 Del'ault. Licensee shall be in default hereunder and in breach of this Agreement
(a) for nonpayment of any bill or invoice from Electric Company within thirty
(30) days after the same is issued by Electric Company; (b) violation of any term,
condition or covenant of this Agreement; (c) the attachment of any of Licensee's
Facilities without having an approved PPA therefar; (d) non-compliance with the
Agreement, Specitications or laws; (e) failure to upgrade or maintain Licensee's
Pacilities as required for compliance with this Agreement and laws within the
time permitted for upgrades or maintenance; and (t) adjudication of Licensee as
bankrupt or insolvent, appointment of a receiver for Licensee's business or
property, or the assignment by Licensee of its property for the benefit of creditors,
but only if applicable laws permit such actions to constitute a default.
5.3 Termination on Default and Right to Cure. Upon any default of Licensee,
Electric Company shall have the right to terminate this Agreement upon fifteen
(15) days written notice, provided Licensee does not cure the default to the
reasonable satisfaetion of Clectric Company within such tifteen (15)day period.
5.4 Action by Electric Company. Electric Company may, at its option and with or
without terminating this Agreement, bring legal action to collect any amounts due
trom Licensee to Electric Company hereunder.
5.5 Removal of Licensee's Equipment Upon Termination. Upon terrnination of this
Agreement for any reason, Licensee shall remove all of its Facilities from the
Poles within thirty (30) days after termination, and, in the event Licensee fails to
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so remove its Facilities, Electric Company may do so and Licensee shall pay thc
reasonable, documented costs of such removal . lf Electric Company undertakes
to remove some or all of the Facilities, or if Licensee fails to remove its Facilities
for more than ninety ( 90) days following termination of the Agreement, such
Facilities shall be deemed to have been abandoned by the Licensee and Electric
Company is authorized to dispose of the abandoned F�acilities as it deems
appropriate .
ARTICLE VI
Miscellaneous
b , l VJ�iver. The failure of either party to enforce any term or condition of this
Agreement shall not be deemed a waiver thercot; but the same shall rernatn in fuli
force and effect and shall be enforceable at any time. lv'o custom or practice
which may dcvelop between the parties in ihe administration of this Agreement or
any PPA is to be construed to waive or lessen a party ' s right to insist upon strict
performance of the terms of this Agreement or any PPA .
6.2 Accrued Liabilitti-. Any termination oF this Agreement shall not release either
party from any liability or obligations , accruing prior to the date of terminati�n.
6. 3 Notiees . Whenever notice is to be given by either party to the other, such notice
shall be in writing and deemed to be given when delivered in person or upon
receipt or rel'usal of delivery, when sent by certified mail or [.�. S , mail , postage
prepaid, addressed to the following :
Electric Company: Public Service Company of Cotorado
Attn : i�lanager Facility Attachments
�� � � � ClS7r ? �. �
,; ; . 6� a ,� 1 ,� r Srl � 7
Telephone: (�� � a �l - � 11_y �
cc : Xcel Fnergy
Attn : (;eneral Counsel
414 Nicoflet Mall
Minneapolis, MN 55401
Telephone : (612 ) 330-5500
Licensee : Weld County Colorado
1 l 50 O Street
Greely CO 80632
Attn : Barbara Kirkmeyer
Telephone : (97 �- 336- 7204
The address to which such notice may be given by either party may be changed
by written notice given by such party to the other party pursuant to this section .
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6.4 Prior A�=,reements. This Agreement and the terms or conditions set forth in an
approved PPr1 constitute the entire agreement between the parties and supersede
all previous licenses or agreements, if any, between Electric Company and
Licensee f'or use of Poles. It is expressly agreed that this Agreement replaces the
Pole License Agreement dated October 10, 2003, between the Electric Company
and the City of Greeley, Colorado, as to the Pole Attachments listed in Exhibit B,
and that the Licensee is responsible for all Equipment (as that term is defined in
that agreement) that the City attached to Electric Company s Poles listed in
Exhibit B.
6.5 Assi n�. Licensee may not assign, sublet or otherwise transfer any of its
rights or privileges granted hereunder, whether voluntarily or by operation of law
without the prior written permission of Electric Company. Notwithstandin�; the
foregoing or anything to the cantrary herein, if an assignment, sale, transfer, lease
or sublease is to a parent, subsidiary or affiliate of Licensee, then no such consent
shall be required, but written notice to Electric Company shall be provided 30
days prior to the transaction. Any other attempt at assignment shall be void and
shall be deemed a default and Licensee's notice of termination of this Agreement.
Subject to the foregoing, this Agreement shall bind and inure to the benefit of the
parties' successors and assigns.
6.6 Severabilitv. If any provision of this Agreement or any PPA is held to be invalid,
unenforceable, or ineffective for any reason whatsoever, all other provisions shall
remain in full force and effect and the parties will negotiate in good faith with
respect to the equitable modification of the provision(s)held invalid.
6.7 Ilazardous Substances. Electric Company hereby notifies Licensee that there may
be hazardous substances, such as asbestos, lead, lead products, lead in
combination with other materials, creosote, pentachlorophenol or other wood
preservatives and polychlorinated biphenyls present in or around its facilities due
to utility operations. In return for the granting of the right to occupy the Poles,
Licensee hereby waives and releases any claims against Electric Company, and
agrees to indemnify, defend and hold harmless Electric Company, and its
directors, employees, agents, subsidiaries and affiliates from and against all loss,
claims, damage or liability, including property damage, remediation required by
local, or state laws or regulations, and violation of law or governmental
regulation, asserted by any public authority or third party, associated with the
release of such hazardous substances or exposure to persons caused by the actions
of Licensee or its employees, contractors or agents. Electric Company will allow
Licensee to conduct any tests necessary to determine if such hazardous substances
exist, provided that such tests and their results will be shared with and be at no
cost to Electric Company. Further, Electric Company reserves the right to make
aIl decisions regarding the steps to be taken in addressing the discovery and
presence of such hazardous substances, including the right to refuse to �rant
Licensee the use of said faci(ities should such hazardous substances be
discovered.
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6.8 Wark Activities. Licensee shall perform the work required hereunder at such
times and in such manner as to minimize interruptions and interference with
Electric Company's and property owners' activities.
69 Governin�Law. This Agreement, and any claims, counterclaims and cross suits,
shall be governed by and construed in accordance with the local laws of the State
in which the Poles covered by this Agreement are located without regard to
conflicts of law principles. Each party hereby irrevocably submits to the
jurisdiction of the State courts of the State in which ihe Poles covered by this
Agreement are located.
6.10 Dispute Resolution. In the event a dispute arise between Electric Company and
Licensee, or the successors or assigns of either of them, regarding this Agreement,
the aggrieved party shall promptly notify the other party of its intent to invoke this
dispute resolution procedure after such dispute arises. If the parties shall have
failed to resolve the dispute within thirty (30) days after delivery of such notice,
each party shall, within tifteen (15) days thereafter nominate a senior management
member to meet at any mutually agreed location to resolve the dispute. Should
the parties be unable to resolve the dispute to their mutual satisfaction within
fiftcen (15) days after such nomination, either party may pursue all remedies
available under the law.
6.11 Amendment; Modification. This Agreement may not be supplemented, amended,
modified or otherwise altered except by written instrument executed by the parties
hereto and no course of dealing or trade usage among or between the parties shall
be effective to supplement, amend, modify or alter this Agreement.
6.12 Captions. The captions appearing in this Agreement are included solely for
convenience of reference and shall not be construed or interpreted to affect the
meaning or interpretation of this Agreement.
6.13 Relationship of the Parties. Notwithstanding anything to the contrary in this
Agreement, under no circumstances will either party be deemed to be in any
relationship with the other party carrying with it fiduciary or trust responsibilities.
The parties do not intend for this Agreement or the relationship established
thereby to be considered the formation of a joint venture or partnership between
the parties for any purpose.
6.14 Counterparts. This Agreement may bc signed in counterparts with the same eff'ect
as if the signature on each counterpart were upon the same instrument.
6.15 Force Majeure. If a party is delayed or hindered in, or prevented trom the
performance required under this Agreement by reason of earthquakes, landslides,
strikes, lockouts, labor troubles, failure of power, riots, insurrection, war, acts of
God or other reasons of like nature not due to the fault of the pariy delayed in
performing work or doing acts, such party is excused from such performance for
- 20 -
Document#:
the period of delay. The period for the performance of'any such act shall then be
extended for the period of such delay.
6.16 Not Used.
6.17 Confidentiality. Licensee acknowledges and agrees that Electric Company has
identified to Licensee certain information contained within the Agreement that
Electric Company has informed Licensee is held and maintained by the Electric
Company as Electric Company's trade secret and confidential commercial and
financial information, which shall be deemed to include (but not be limited to) (i)
any information marked confidential, restricted, or proprietary by Electric
Company, and (ii) Electric Company's mapping data, security plans and protocol,
rates, insurance requirements, reports and activities,operations techniques, critical
network infrastructure information or Critical Energy Infrastructure Information
(as defined by FERC) (the "Confidential Information"). Licensee agrees it shall
maintain the confidentiality of the Confidential Information, shall not divulge the
Confidential Information to any third party, and shall not otherwise exploit
commercially the Confidential Information, except as compelled by applicable
law. If Licensee is requested to disclose the Confidential Information, and
Licensee believes it is legally compelled to make disclosure of the Confidential
Information, Licensee will notify the Electric Company prior to making such
disclosure sufficiently in advance so as to permit the Electric Company to propose
appropriate redactions or seek a judicial declaration preventing disclosure, and
shall cooperate with the Electric Company in any efforts by the Electric Company
to redact confidential portions of the Agreement, seek a judicial declaration
preventing disclosure, and if possible, require the third parties to whom the
Confidential Information is disclosed to maintain the confidentiality of the
Confidential Information. For purposes of this section "sufficiently in advance"
shall mean not less than fourteen (14) business days before the date Licensee is
legally compelled to disclose or provide access to the requested information.
6.18 No Third-Party Beneficiaries. The provisions of this Agreement are for the
benefit of the parties hereto and not for any other person. This Agreement shall
not provide to any person not a party, assignee or successor of a party, and shall
not be construed to provide any such third-party, with any remedy, claim,
liability, reimbursement, cause of action or other privilege or right in excess of
those existing without reference to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement this cP141 day of
�A ru R c\, 20 l 6.
-21 -
Document N:
ELECTRIC COMPANY:
PUBLIC SERVICE COMPAplY OF COLORADO d/b/a XCEL ENERGY
By: -71'4/.1 g-to-'r-Ak"N'c'14/
Name: -7-0-0A (S ►ctrl (
Title: �Ar��r,t >dc_l, S ddr ! ( �e/;' t`r
LICENSEE:
WELD 4OUNTY COL() DO
, ' AUG 2 6 2015
Name: Barbara Kirkmeyer
Chair, Board of Weld
Title: County Commissioners
I-he above and foregoing Agreement is hereby accepted and the terms thereof agreed to.
22 -
c,2 d o2-
A CfEST: waxy., G: ;,,e BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
���Lo r
BY: rei— re .(lL /
Deputy Clerk to OAnte__B and arbara ara Kirkmey r, Chair
AUG 26ZZUS
APPROVED AS F LADING. APPROVED AS Io-mLi3ST-A!NCE:
r
Controller Hate Official or Department I lead
—
APPROVEDS TO FORM: / ,,��� /T`�� _M
594t �/ / // ` afeD% for of General Services
__./",_, ....._ ..._... _. �f t V��II
County Attorney t ,=� im
11
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elf t .A \ ie
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Document kt:
POLE LICENSE AGREEMENT
EXHIBIT A
Specifications For Communication Attachments
To Xcel Energy Distribution Facilities
Information on Clearance, Strength
and Construction Practices
Applicable for the following Xcel Energy Operating Companies:
Northern States Power Company d/b/a Xcel Energy, a Minnesota corporation
Northern States Power Company d/b/a Xcel Energy, a Wisconsin corporation
Public Service Company of Colorado d/b/a Xcel Energy
Southwestern Public Service Company d/b/a Xcel Energy
Specifications for Communication
Attachments to Xcel Energy Distribution
Facilities
Information on Clearance, Strength
and Construction Practices
Applicable for the following Xcel Energy Operating Companies:
Northern States Power Company, a Minnesota Corporation d/b/a Xcel Energy
Northern States Power Company, a Wisconsin Corporation d/b/a Xcel Energy
Public Service Company of Colorado d/b/a Xcel Energy
Southwestern Public Service Company d/b/a Xcel Energy
7 XcelEnergy Issued Replaces Approved File OVERHEAD DISTRIBUTION MANUAL
Jan-10 New RDS J-1 Page J-1
Information for Attaching Utilities
The following information is to be used as a guide for construction practices to be
observed by Licensees when installing communications equipment on Xcel Energy
distribution facilities.
Xcel Energy does not allow attachments on its transmission facilities.
1. The clearances shown in this section meet or exceed the values listed in the latest edition of
the National Electric Safety Code.
2. Where disagreement between this section and the NESC may occur the greater clearance
requirement shall be followed.
3. Government regulations or Right-of-Way restrictions exceeding NESC requirements take
precedence over clearance stated in this section or elsewhere in the manual.
Clearances
1. It is the attaching utilities responsibility to make sure that all NESC and local ordinances for
vertical clearance above surfaces (roads, alleys, fields, buildings etc.) are met. Page J-6 may
be used as a reference; however, local ordinances may differ.
2. For proper clearances from Xcel Energy cables, utility bracket or conductors at the pole and at
midspan refer to page J-9.
a. For new installations where possible minimum clearance must be 48"at the pole for
Xcel Energy's bucket clearance.
b. Clearance for neutral conductors must be 40".
3. Midspan vertical clearance values in this section and the NESC must take into account sag
corrections for temperature and NESC heavy or medium loading conditions.
4. Clearances at midspan must not change after the newly attached cable (either initial cable
attachment or subsequent over-lashed cable) is to initial sagging tension. If attaching utility
has changed sag of Xcel Energy conductors Xcel Energy will charge for costs incurred in
correcting problems caused to its facilities. Sag changes may occur if anchoring and guying
of attaching utility is not adequate or the messenger is over tightened.
5. Clearance from primary conductor is greater than secondary/neutral clearance. It is the
contractors' responsibility to ascertain the voltage of conductors.
6. If minimum clearances from Xcel Energy and above surfaces CANNOT be met arrangements
must be made for modification or replacement of pole(s) before attachments are made.
7. Xcel Energy requires a minimum of 12" of clearance between communication cables.
Issued Replaces Approved File OVERHEAD DISTRIBUTION MANUAL
Xcel Energy
Jan-10 New RDS J-2 Page J-2
Information for Attaching Utilities
The majority of Xcel Energy distribution systems are built using a multi-grounded neutral
configuration. There are exceptions. It is the Attaching Utility's responsibility to obtain
the system grounding configuration requirements from Xcel Energy.
Grounding & Bonding
All third party communication attachments including communication cable, communication
equipment, enclosures, cameras, wireless devices, wireless antenna, mounting frames and
masts shall be bonded to the Xcel Energy multi-grounded system neutral as described in NESC
Section 9 of the current edition.
Bonding may be accomplished by:
• An external bonding of the communication cable, communication equipment, enclosures,
cameras, wireless devices, wireless antenna, mounting frames and masts to the Xcel
Energy pole ground or multi-grounded system neutral. Bonding methods and material must
meet the requirement of the current edition of the NESC.
• An internal interconnection of the device's neutral supply connection to the enclosure's
equipment ground terminal.
There must be a continuous contact or bonding between all metallic components, including
mounting brackets and the enclosure's equipment ground terminal.
If no Xcel Energy multi-grounded system neutral is available or grounding system isolation is
required, bonding to the secondary system ground for interconnection per the current edition of
the NESC Section 097 is required.
At any pole with an Xcel electric grounding electrode, telephone and communication facilities
must be bonded to the Xcel ground. If there is an existing Xcel Energy grounding electrode and a
telecommunication grounding electrode is also installed, then the electric ground and the
communication ground must be bonded together to avoid any hazard due to potential differences
between the systems.
It is preferable to Xcel Energy, given the possibility of this required bonding not being made, that
the potential for hazard be avoided by not installing a second telecommunications grounding
electrode. Instead use the electric grounding electrode as common for all communication
facilities on the pole. The National Electric Safety Code (NESC) does not require that the second
electrode be installed. (Paragraph 97G)
Placement
New communication wires may be placed above or below existing communication provided no
pre-existing agreement precludes this possibility and as long as Xcel Energy's minimum
clearance requirements are maintained. Preferred location is above existing communication and
always in the same position. Attachment must always be on the same side of the pole as
existing attachments. Boxing of poles is not allowed in any circumstance.
Power Supplies and other Powered Equipment
Xcel Energy will supply power to Attaching Utility's equipment as needed. See attached drawings
J-18 & J-19 for proper installation and clearances. If requirements are different, contact Xcel
Energy design personnel for different connection possibilities. Power supplies may not be
attached to the pole. Power supplies must be placed a minimum of 10 ft from pole.
XcelEnergy Issued Replaces Approved File OVERHEAD DISTRIBUTION MANUAL
Jan-12 May-11 RDS J-3 Page J-3
Information for Attaching Utilities
Slack Spans
If the slack span contains only Xcel Energy conductors the attaching utility may also run a slack
span or slack spans. The attaching company must provide Xcel Energy with verification on
adequacy of structure before attachment. Most Xcel Energy slack spans are only one span, but in
some cases they extend for more spans. It is acceptable to extend cable in slack spans for the
same spans.
U-guard Attachments
All vertical runs on a pole must be covered with a U-guard. U-guards may not take up more than
40% of the pole surface. U-guards must be grouped together on one side of the pole for a clear
climbing space on the other side. If more space is required, other poles in the vicinity must be
used. See attached drawing J-15. Communications U-guards must be in the same quadrant as
Xcel Energy.
Standoff Brackets
Stand-off brackets may be used to keep cables aligned when successive poles are not directly
inline or when there is a need to avoid conflict with existing utility equipment on the pole, e.g., a
switch pole. This requires written permission from Xcel Energy. Cantilever strength in vertical
direction must be adequate to support the cable under NESC Heavy Load of 1/2" radial ice.
Anchoring
Communication messenger tension must be guyed on separate anchors and not attached to Xcel
Energy anchors. If anchoring cannot be installed, then written permission must be obtained from
Xcel Energy prior to attaching to Xcel Energy's anchors. Guying and anchoring must be installed
prior to attaching communications messenger or cable to poles.
Guying
• All cable and wire attachments must be guyed at deadends and angle turns.
• If Xcel Energy structures are guyed, then the Attaching Utility must also guy their cable at the
level of the attaching cable.
• All guying must be insulated. Grounding of guys is not allowed.
Guying will be required for Xcel Energy structures that are unguyed if:
• The Xcel Energy structure is presently leaning due to unguyed tension caused by a turn in
the line.
• The unguyed turn is 2 degrees and:
• Xcel Energy three-phase conductor is present
• The unguyed turn is greater then 1 degree and:
• Xcel Energy three-phase and secondary are present or
• Xcel Energy three-phase and two other Attaching Utilities are present.
• The unguyed turn is 6 degrees and:
• Xcel Energy single-phase conductor is present
• The unguyed turn is greater then 4 degrees and:
• Xcel Energy single-phase and secondary are present or
• Xcel Energy single-phase and other Attaching Utilities are present.
The Attaching Utility will be required to return and add guying to poles if leaning happens after
attachment. If the Attaching Utility fails to correct this deficiency, Xcel Energy will do so at the
Attaching Utility's expense.
Xcel Energy- Issued Replaces Approved File OVERHEAD DISTRIBUTION MANUAL
Jan-12 May-11 RDS J-4 Page J-4
Information for Attaching Utilities
Over-lashing
Requests to over-lash existing communications attachments will be considered through normal
application processes. However, over-lashing must meet all current construction requirements,
including any changes to NESC code since the initial attachment was made. Over-lashing must
not result in reducing pole strength limits below NESC requirements.
Climbing Space
Climbing space between communication cables must be provided. See attached drawing J-10.
Pole Attachments - Limitations Due to Pole Strength
The number of attachments (including over-lashing) may not reduce the pole strength below the
requirements of the NESC. The minimum code requirement for Xcel Energy construction is
Grade C heavy loading. This is 1/2" of ice with a 40 mph wind. Crossing controlled access
highways, railroads and navigable waterways requires Grade B construction and needs separate
engineering before attachment.
If a pole is loaded to capacity, permission to attach will be denied. The percentage of pole
strength that Xcel Energy uses, either by design or as a result of environmental degradation, can
be as much as 100%. In such cases, any additional attachment would require changing the pole
to a stronger class at the Attaching Utility's expense, which may not be practical. In these cases,
the attachment will be denied and an alternate design will be needed.
If cable is stood off on brackets, additional bending moment must be included in the calculation of
the structure's strength.
Changes in elevation, foundation strength, multiple circuit lines, additional electrical or
communication equipment and other construction practices may require more detailed analysis of
loads. Good engineering practice on the part of the Attaching Utility is required. It is the Attaching
Utility's responsibility to inform Xcel Energy when a structure may not be adequate to support
additional load. Attaching Utilities must also inform Xcel Energy if they do not understand all the
loads on the line and are unable to calculate loading.
A detailed pole loading analysis for each pole may be required, at applicant's expense, to
demonstrate that the desired addition of the Attaching Utility will not adversely affect the integrity
of the poles or facilities of Xcel Energy and other Attaching Utilities. The Attaching Utility shall be
in compliance with the Specifications in this section, the requirements of the National Electrical
Safety Code (NESC), the National Electric Code (NEC), and any other applicable industry, local,
or state codes, laws and regulations. Xcel Energy may also require the applicant to submit a
professional engineer's certification for the analysis.
XcelEneryyy Issued Replaces Approved File OVERHEAD DISTRIBUTION MANUAL
Jan-12 Jan-10 RDS J-_5 Page J-5
VERTICAL CLEARANCE ABOVE SURFACES
212° F Conductor Temperature or 1/2" of ice
(Voltages are phase to ground for effectively grounded circuits)
Neutrals, Guys, 0 -750 V,
Messengers, Duplex, Open Primary
Nature of Surface Surge Protection Triplex, Supply Conductors
Underneath Wires Wires, Quadruplex Conductors 750 V -22
Communications, and Lashed 0 -750 V kV
Grounded Equip. Cables
Railroad tracks 23' 6" 24' 0" 24' 6" 26' 6"
(check with specific railroad)
15' 6" 16' 0" 16' 6" 18' 6"
10,13 10,13 10,13 ,10,13
Roads, streets, and other areas 22' 0" 22' 0', 22' 0" 22' 0'
s 11 11
subject to truck traffic 18' 0" 18' 0" 18'
18' 0„ -
1T 0"1z 17, 0„1z 17' 0„12 17' 0„12
Driveways, parking lots, and alleys 15' 6"4' 16' 0"a'7 16' 6"4 18' 6"
Other areas traversed by vehicles,
such as cultivated, grazing, forest, 15' 6" 16' 0" 16' 6" 18' 6"
orchard lands, industrial sites,
commercial sites, etc.
Roads, streets, or alleys in urban 15' 6"7
16' 6"7
16' 6" 18' 6"
districts
3
Roads in rural districts where it is
unlikely that vehicles will be 13' 6"6 14' 0"6 14' 6"6 16' 6"
crossing under the line
Spaces and ways subject to 5 s
pedestrians or restricted traffic only
g 6 12' 0" 12' 6" 14' 6"
Water areas NOT suitable for sail
boating or where sailboats are 14' 0" 14' 6" 15' 0" 17' 0"
prohibited$'9
Water areas suitable for sail
boating with an unobstructed
9'9
surface area of:
• Less than 20 acres 17' 6" 18' 0" 18' 6" 20' 6"
• 20 to 200 acres 25' 6" 26' 0" 26' 6" 28'6"
• 200 to 2000 acres 31' 6" 32' 0" 32' 6" 34'6"
• Over 2000 acres 37' 6" 38' 0" 38'6" 40'6"
VERTICAL LOADING CORRECTION FACTORS (MAXIMUM SAGS) MUST BE ADDED TO THE
ABOVE VALUES
Numbered Footnotes referenced above are listed on next page (J-6.50)
Notes:
A. Values from NESC Table 232-1 per latest edition.
B. Where regulatory agencies (US Corps of Engineers, State, etc.) have issued a crossing permit, or a
right of way permit is needed (Railroad, etc.) clearances of that permit shall govern.
C. Diagonal clearance to uneven or sloping terrain shall be the same as the vertical clearance.
D. House move corridors require higher clearances - check with local Municipality and State.
E. In areas where truck or vehicle height normally exceeds 14 ft, clearances must be increased to
accommodate special height. Contact Electric Distribution Standards.
F. For rigid live parts, clearances can be reduced by 6".
Xcel Energy Issued Replaces Approved File OVERHEAD DISTRIBUTION MANUAL
Jan-12 Jan-10 RDS J- 6 Page J-6
VERTICAL CLEARANCE ABOVE SURFACES FOOTNOTES
1 A truck is defined as any vehicle exceeding 8 ft in height. Areas not subject to truck traffic are
areas where truck traffic is not normally encountered or not reasonably anticipated.
(NESC note 21)
2 Spaces and ways subject to pedestrian or restricted traffic only are those areas where riders on
horseback, vehicles, or other mobile units exceeding 8 ft in height, are prohibited by regulation or
permanent terrain configurations or are otherwise not normally encountered or not reasonably
anticipated.
(NESC note 9)
3 Where wires, conductors, or cables run along and within the limits of highways or other road right-
of-ways, but do not overhang the roadway.
4 Where the height of attachments to a residential building or other installation does not permit
service drops to meet these values, the clearances over residential driveways only may be reduced
to the following:
(NESC note 7) Feet
(a) Insulated service drops limited to 300 V to ground. 12.5
(b) Insulated drip loops of service drops limited to 300 V to ground. 10.5
(c) Service drops limited to 150 V to ground. 12.0
(d) Drip loops only of service drops limited to 150 V to ground. 10.0
5 Where the height of attachment to a residential building or other installation does not permit service
drops to meet these values, the clearances may be reduced to the following:
(NESC note 8) Feet
(a) Insulated service drops limited to 300 V ground. 10.5
(b) Insulated drip loops of service drops limited to 300 V to ground. 10.5
(c) Service drops limited to 150 V to ground. 10.0
(d) Drip loops only of service drops limited to 150 V to ground. 10.0
6 Where a supply line along a road is located relative to fences, ditches, embankments, etc so that
the ground under the line would not be expected to be traveled except by pedestrians, this
clearance may be reduced as follows:
(NESC note 10) Feet
(a) Cables limited to 150 V to ground, and neutral conductors. 9.5
(b) Insulated supply conductors limited to 300 V to ground. 12.5
(c) Guys 9.5
7 Where this construction crosses over or runs along alleys, driveways, or parking lots, not subject to
truck traffic, this clearance may be reduced to 15 ft. (NESC Table 232-1, note 13)
8 Add 5 ft to clearances if lines pass over sailboat rigging or launch areas.
9 Clearances over water shall be based on the normal FLOOD water level.
10 Interstate and Minnesota State highways in the seven-county metro area.
11 Communications, neutrals, guys and secondary voltage over Interstate and Minnesota State
highways in rural and urban areas not in the seven-county metro area.
12 Wisconsin State Highway requirement.
13 Texas State Highway requirement.
7 Xcel Energy-
Issued Replaces Approved File OVERHEAD DISTRIBUTION MANUAL
Jan-12 Jan-10 RDS J-_6.50 Page J-6.50
CLEARANCES FROM STRUCTURES
Voltages are phase to ground for effectively grounded circuits
Neutrals, Guys, Cables Rigid Live Rigid Live
Messengers, 0-750 V, Parts and Parts and
Surge Protection Duplex, Open
Clearance to: Wires, Triplex, Supply Primary
Conductors
Communication Quadruplex Conductors 750 V-22 kV
Grounded Equip. and Lashed 0 - 750 V
Horizontal
Buildings
To walls, projections & 1,2 1,2 1,2,8 1,2,9,10
guarded windows 4' 6" 5' 0" 5' 6" 7' 6"
1,z,s
To unguarded windows 4' 6" 5' 0" 5' 6" 7' 6"9,10
To balconies &areas readily 9 6"9,10
3 4' 6" 5' 0" 5' 6" 7' 6'
accessible to pedestrians
Vertical
Pitched roofs and roofs or 10' 6"
projections not readily 3 (8' 0") WI only (8' 0") WI only (8 0") WI 12' 6"
accessible to pedestrians only
Over or under balconies and
roofs readily accessible to 10' 6" 11' 0" 11' 6" 13' 6"
pedestrians3 (Hot tubs also)
Over roofs accessible to
vehicles but not subject to 10' 6" 11' 0" 11' 6" 13' 6"
6
truck traffic
Over roofs accessible to 15' 6" 16' 0" 16' 6" 18' 6"
truck traffic
Signs, chimneys,tanks,
billboards, radio and
television antennas,
streetlights & other
installations not classified as
11
buildings or bridges
4 1,2,8 1,2,9,10
Horizontal 3' 0" 3' 6" 5' 6" 7' 6"
Vertical
Over or under catwalks and
other surfaces upon which 10' 6" 11' 0" 11' 6" 13' 6"
personnel walk
Over or under other 3' 0" 3' 6" 6' 0" 8' 0"
portions of such installations
Numbered Footnotes referenced above are listed on next page (J-7.50).
Notes:
A. Values from NESC Table 234-1 per latest edition.
B. The vertical clearances apply under the worst case of: no wind, final sag; max. temp (212° F), no wind,
final sag; 32° F, 1/2" ice, no wind, final sag; or-20° F, no wind, initial sag.
C. Horizontal clearance is measurement when conductors are at rest. Wind displacement can be ignored
for spans of ordinary length.
D. The vertical clearance governs to the point where the diagonal meets horizontal clearance.
E. For bridge clearances see Table 234-2 of NESC per latest edition.
F. Service conductors 0 - 750 V have a horizontal clearance of 3 ft from windows that are designed to be
opened, doors, porches and fire escapes for the building to which they are attached. For multiplex
services the 3-ft clearance does not apply if conductor is above top of window.
Xcel Energy- Issued Replaces Approved File OVERHEAD DISTRIBUTION MANUAL
Jan-12 Jan-10 RDS J-_7 Page J-7
CLEARANCES FROM STRUCTURES FOOTNOTES
Voltages are phase to ground for effectively grounded circuits
1 Where building, sign, chimney, antenna, tank or other installation does not require maintenance
such as painting, washing, changing of sign letters or other operation which would require people
to work or pass between supply wires, conductors, cables or unguarded rigid live parts and
structure, the clearance may be reduced by 2 ft. (NESC note 1)
2 Where available space will not permit this value, the clearance may be reduced by 2 ft provided the
wires, conductors, or cables, including splices and taps, and unguarded rigid live parts have a
covering which provides sufficient dielectric strength to limit the likelihood of a short circuit in case
of a momentary contact with a structure or building. (NESC note 2)
3 A roof, balcony or area is considered readily accessible to pedestrians if it can be casually
accessed through a doorway, ramp, window, stairway or permanently mounted ladder by a person
on foot who neither exerts extraordinary physical effort nor employs special tools or devices to gain
entry. A permanently mounted ladder is not considered a means of access if its bottom rung is 8 ft
or more from ground or other permanently installed accessible surface. (NESC note 3)
For clearances above railings, walls or parapets around balconies or roofs, use the clearances
required for roofs not accessible to pedestrians. (NESC note 14)
4 The required clearances shall be to the closest approach of motorized signs or moving portions of
installations covered by Rule 234C. (NESC note 4)
5 For WISCONSIN ONLY; May reduce clearance to 3 ft if roof slope is not less than 1 to 3.
6 For the purpose of this rule, trucks are defined as any vehicle exceeding 8 ft in height. (NESC note
6)
7 Windows not designed to open may have the clearances permitted for walls and projections.
(NESC note 8)
8 This clearance at rest shall be not less than the value shown in this table. Also, when the
conductor or cable is displaced by wind, the clearance shall be not less than 3.5 ft; see Rule
234C1b. (NESC note 9)
9 This clearance at rest shall be not less than the value shown in this table. Also, when the
conductor or cable is displaced by wind, the clearance shall be not less than 4.5 ft; see Rule
234C1b. (NESC note 10)
10 Where available space will not permit this value, the clearance may be reduced to 7.0 ft for
conductors limited to 8.7 kV to ground. (NESC note 11)
11 For lighting supports and traffic signal supports the horizontal clearance may be reduced to 5 ft for
all primary voltages and secondary open wire. Clearance of 3 ft for neutrals and multiplex
secondary voltages is allowed. The vertical clearance may be reduced to 4.5 ft for all primary
voltages and secondary open wire (5.5 ft for 35 kV delta). Clearance of 2 ft for neutrals and
multiplex secondary voltages is allowed. (NESC 234B).
1 '--Y\ v �___ v
�v v
„ R B �H M0TELNUM
111111 IN III V
11 ---19H F H 1
Xcel Energy_ Issued Replaces Approved File OVERHEAD DISTRIBUTION MANUAL
Jan-10 New RDS J-_7.50 Page J-7.50
VERTICAL CLEARANCE HOUSE SERVICE DROPS
Service Services up to 200 A-2"galvanized rigid conduit
entrance cap Services 300-400 A-2-1/2" min galvanized rigid conduit
Guying required
if service drop is
attached higher — �� � `Overhead service drop
than 48"above•of.
conductors furnished,
installed and connected
48"
by company.
Note 7 18" Min. 40" Open Wire
or Multiplex
CAN or Telephone
CLEARANCES REQUIRED
-I Residential Driveway and Property:
12'-6"open wire service
12,_0„multiplex wire service
Exception
I Pedestrian Areas:
10'-6"open wire service
10'-0"multiplex wire service
-I /-Meter
4' Min.
6' Max.
Final Grade
Notes:
1. Values from NESC Table 232-1 per latest edition.
2. Restricted to vehicles 8 ft or less in height.
3. Minimum horizontal clearance of a service drop from any pole to which it is not
attached shall be 5 ft(NESC Rule 234 B 1).
4. Horizontal clearance from windows, doors, porches,fire escapes or similar locations
shall be 5 ft(NESC Table 234-1).
5. Vertical clearance from roof at highest point shall be 8 ft(NESC Table 234C3d).
•Exception#1: Sloped roof-slope not less than 4"in 12"and voltage between
conductors does not exceed 300 V, a 3 ft clearance shall be permitted.
•Exception#2: Service mast-distance from roof provided conductors are not over
300 V to ground if not more than 6 ft of conductors and they do not pass over more
than 4 ft of the overhanging portion of the roof shall be 18".
6. The minimum separation at the building between electric service conductors not in a
conduit or cable and phone conductors shall not be less than 3" (NESC Table 235-6).
7. On new or rewired service masts only electric is allowed. Cable T.V. or telephone
attachments are not allowed. Old installations are not affected(NEC 230-28).
Sad R.loon Drawn by *robed OVERHEAD DISTRIBUTION MANUAL
Xcel Energy- Jan-10 Nov-07 JD RDS J-_8 PAGE J-8
COMMUNICATION CLEARANCE TO
PRIMARY, SECONDARY, AND NEUTRALS
Xcel Energy - Primary, Open Wire
Secondary, Multiplex or Neutral
48"clearance for
Xcel Energy bucket
truck operations is
See NESC Clearance at preferred. See
an Table below NESC Clearance at
Midspan Pole Table below
1 12" (See Note 2)
CAN or Communications
Telephone
Minimum NESC Clearance at Pole
Pole Clearance NESC
Xcel Energy Bucket operation 48"
Primary Voltage 15/25/35 kV 40" /43" /45"
Secondary Voltage & Neutral 40"
Minimum NESC Clearance at Midspan
Midspan Clearance NESC
Primary Voltage 15/25/35 kV 30" / 33" / 35"
Secondary Voltage & Neutral 30"
Notes:
1. Values from NESC Table 235-5 per latest edition.
2. 12" is required between cable TV and telephone.
3. Neutral and secondary clearance are the same due to
frequent addition of secondary conductor.
4. In some situations lower NESC clearances may be allowed,
rather than changing out the pole.
issued Replacer Drown by Approved OVERHEAD DISTRIBUTION MANUAL
Xcel Energy- Jan-10 Nov-07 JD RDS J-_9 PACE J-9
CLIMBING SPACE ON JOINTLY USED POLES
Telephone or 40
Communicationk.))
service Communications
drops
Cable
Telephone or
Communication 40"
30" Square clear area, service drop
1/210" above and 40" Belo*
A!I Communications Cablc
Notes:
1. Climbing space where drop wires are involved is an unobstructed, vertical space
along the side of a pole.
2. In general it consists of an imaginary box, 30" square, extending at least
40" above the highest communication cable or other facility and 40" below the
lowest communication cable or facility.
3. The figure above illustrates how the 30" climbing space can be maintained
where drop wires are involved.
4. Attachment of service drops to pole is preferred. If communication service drops
are attached to messenger space 2 ft out from pole to allow pole changeouts.
hued Replaces Dram by ADpw.e OVERHEAD DISTRIBUTION MANUAL
XceI Energy- Jan-10 New JD RDS J-10 PAGE J-10
CLEARANCES FOR COMMUNICATION CABLE
FROM GUYS
Primary
1-
Neutral or Secondary
40" Min Other wire or conductor
Communications ! Telephone
See Note
Horizontal Span Goy
Clearance 3" Min.
Fiberglass O
g With Xcel Energy porcelain o�z 8' Minimum
insulator C special permission.
Ground Line required See Note 2.
Notes:
1. Guys crossing above or below other wires must have vertical clearances based
on the NESC Table 233-1 per latest edition.
2. A better alternative is to extend messenger and down guy when possible.
hand Replaces Draw'by '*proved "° OVERHEAD DISTRIBUTION MANUAL
Xcel Energy- Jan-10 New JD RDS J-11 PACE J-11
INSTALLATION OF COMMUNICATIONS DOWN GUYS
Primary
Neutral or Secondary •
Communications Cable \,
Communication
to install separate
guy and anchor
8'
Fiberglass or
Min porcelain
insulator required
WITH COMMUNICATION CABLE
Notes:
1. All tension of communication cable must be guyed and anchored to hold
full tension.
2. Tensioning communication must not change Xcel Energy conductor sag.
3. Side guys to be done in same fashion as deadend guys.
4. If anchoring cannot be installed, then written permission for attachment
to Xcel Energy anchoring must be obtained before attachment to Xcel
Energy anchors is allowed.
5. If porcelain insulator is used it must be positioned 8 ft above grade when
hanging straight down.
Issued hptowr Drawn by APProv'ad na OVERHEAD DISTRIBUTION MANUAL
Xcel Energy- Jan-12 Jan-10 JD RDS J-12 PACE J-12
ATTACHMENT OF COMMUNICATION
TO POLES WITH STREETLIGHTS
Xcel Energy secondary
SOpen or t See table for
lashed cables primary clearance
48" clearance
preferred forXcel
Energy bucket �
operation. See table
1 for clearances.
See Note 2 _ 12"
`Communications cable
Table 1
Minimum NESC Clearance at Pole Streetlight
Pole Clearance NESC drip loop
Primary Voltage 40" /43" /45"
15/25/35 KV U-guard
Secondary 40"
Voltage & Neutral 2" Min 12" Min
3" Min
See
NESC 238D
Communication
/Curb
Ground line
Notes:
1. 12" required between unshielded drip loop and communications
(NESC 238D latest edition).
2. If drip loop is not lowest point, then 4" minimum from mast to
communications clearance needed.
issued Replaces Crown by Approved Fl. OVERHEAD DISTRIBUTION MANUAL
Xcel Energy- Jan_12 Jan-10 JD RDS J-13 PAGE J-13
ATTACHMENT OF COMMUNICATION
TO POLES WITH TRANSFORMERS
6"
8"
Approx. 8'
Xcel Energy
secondary
48" clearance preferred
for Xcel Energy bucket operation
40" NESC Minimum clearance
to Xcel Energy secondary
Communications
cable
12"
Bond communication to ground
every tenth pole including first and
last poles with #6 solid Cu wire.
Notes:
1. If telecommunication ground and electric ground on same pole, grounds must
be tied together.
Issued Replaces Drown by Approved OVERHEAD DISTRIBUTION MANUAL
7 XcelEnergy• Jan-10 New JD RDS J-14 PAGE J-14
TERMINAL POLE RISER
AND COMMUNICATIONS ATTACHMENTS
F _Y .Y
,
, ,
Cable Identification
Ii .:. 6"
48" clearance preferred for
Xcel Energy bucket operation
40" NESC minimum to Xcel
Energy secondary 3 Communications
Attaching cable
U-Guard I II Tele•hone
ICI Terminal Pole cable
L"--x 1 /� \ mod.�Y �l
ii,..-::----,-; \\
See \\i\I
Note 4 �I) 0% Max
- -�Y over = III • -� A;,Y
- ,, Ground
Attaching wire m m olding
U-guard Xcel Energy
or other
utility
- 6" f 6" YAV iNfx</Fr/k/
I PRIMARY
Plastic—Aic
i 30" Min. ,
Shield
,
Notes:
1. Maximum 3 U-guards per pole, not to exceed 40% of pole circumference including
foreign utilities located in the same quadrant as the other U-guards.
2. Do not install U-guard over Xcel Energy ground wire.
3. Locate U-guards away from vehicular traffic.
4. Place riser/U-guards so as to not hinder other authorized attachers' thru bolts.
dawn Diploma Dram by APfa.0 Al. OVERHEAD DISTRIBUTION MANUAL
7 Xcel Energy Jan-12 Jan-10 JD RDS J-15 PAGE J-15
INSTALLATION OF CUSTOMER OWNED RISER
AND COMMUNICATION ATTACHMENTS
111/. nth, 8 Anne
12" Required
� - Non-Metallic cable
protection.
Weatherhead and
40" Minimum rigid conduit shown.
from bottom of
drip loop to -
communications
- Communications
In-line amplifier
Telephone
Bond to ground
wire if present
Notes:
1. Do not install communications power supply on poles
2. Power supplies shall be pad-mounted adjacent to pole. See page J-18
Issued Rapnm Omen by Approved Ile OVERHEAD DISTRIBUTION MANUAL
XCelEnergy- Jan-10 New JD RDS J-16 PACE J-16
INSTALLATION OF COMMUNICATIONS 120 V
POWER SUPPLY BELOW CABLE
(MAINTENANCE ONLY)
Third wire required 12 Required Pole
only on metered
poles. j 120 V AC Service Cable 43;•)\
' Moldin T Weatherhead
Non-Metallic cable
protection. g �=� —
Weatherhead
conduit 40" Min
and rigid
(To drip loop) Cabinet Communications
shown. Cable
LESSEE CABLE
L, • •
TELEPHONE AND
Bond Wire I 12" COMMUNICATION BONDING
Communications TO XCEL ENERGY GROUND
------- — --------
Ilrii' Communication
12" Bond Wire
TELEPHONE o o
CABLE MOLDING ILA
(Recommended) LESSEE CABLE
120 V Bond to Communication
Communication Ground Telephone
Power Supply 1I Bond Wire
Electric Ground 11' Min. (Recommended) Tie communication
16' Min. if near vehicle traffic. ground to Xcel Energy
ground if present.
Ground Line
Electric Ground Wire and Ground Rod
Notes:
1. New power supplies shall not be mounted on poles. Padmount required. See pages
J-18 and J-19
2. Maximum height of communication boxes is 36". Maximum 2 boxes per pole.
3. Spacing between boxes 18" minimum.
4. Boxes must be on one side of pole only to allow climbing space. Cable T.V. and
telephone wire shall be on same side of pole as electric wires.
5. Conduit for power to boxes and telecommunication cable must be on same side as
boxes.
6. If telecommunications has a separate ground rod it must be tied to the Xcel Energy
ground.
Mudd hpkcn G... M Approved ra. OVERHEAD DISTRIBUTION MANUAL
7 Xcel Energy. Jan-10 New JD RDS J-17 PAGE J-17
OVERHEAD FEED TO COMMUNICATION
PADMOUNT POWER SUPPLY
----- = "=' ----- Pole
12" Required Cable Molding T f Weatherhead
—Drip Loop for Service
Non-Metallic �� Communications
cable protection
Cable
40" Min TELEPHONE AND
(To drip loop) COMMUNICATION BONDING
TO XCEL ENERGY GROUND
LESSEE CABLE I Communication
L ____ _ Bond Wire
Bond Wire l�
tions - I� 12 LESSEE CABLE
Communications
------- --------
Telephone
Bond Wire
� r
Tie communication ground to
Free Standing ( Xcel Energy ground if present.
Pedestal
Telecommunication I 120 V Communications
U-Guard I Power Supply
If 6' or Note 7
less7
° . See
Electric Ground I 10 •
��1�►
Minimum
III 10'
Minimum
Communication
Notes: Ground Rod
1. Place power supply box a minimum of 10 ft from pole for working room.
2. If communications ground on pole bond to Xcel Energy ground.
3. U-Guard for power and telecommunication cable must be on same side of pole.
4. Telecommunications power supply box to be grounded with separate ground rod.
5. Power supplies shall not be mounted on poles. They shall be pad-mounted as
shown above.
6. Meters may not be installed on company poles.
7. NESC 384.C - Bonding should be provided between all above ground metallic power
and communications apparatus (pedestals, terminals, apparatus cases, transformer
cases, etc.)that are separated by a distance of 6 ft or less. For the purpose of this
rule, pole grounds are not considered an aboveground metallic power apparatus and
therefore not required to be bonded to the communication apparatus.
Issued Energy. .d Replaces Drown
by
*mind r°° OVERHEAD DISTRIBUTION MANUAL
gy Jan-12 Jan-10 JD RDS J-18 PAGE J-18
UNDERGROUND FEED TO COMMUNICATION
PADMOUNT POWER SUPPLY
Single-Phase Padmount
Transformer
d*I \ Free Standing
Pedestal
t ` 120 V Communications
Power Supply
IC�4'w�•!�'ra��
iI
y\ \�
/., If less than 1 See Note 1
10' Minimum ,
7 \/
Communication/Meter Housing
ground rod to be furnished and
installed by Customer per NEC.
Notes:
1. Cases and enclosures made of conductive material shall be effectively grounded or guarded.
2. Guards constructed of conductive material shall be effectively grounded.
3. Bonding should be provided between all aboveground metallic supply and communications
enclosures that are separated by a distance of 6 ft or less. For the purpose of this rule, pole
grounds are not required to be bonded to the communication enclosure.
Xcel Ener lace"' Replaces Draw'by "°°rand "' OVERHEAD DISTRIBUTION MANUAL
gy Jan-12 Jan-10 JD RDS J-19 PAGE .1-19
WIRELESS NETWORK ATTACHMENT
ON STREETLIGHT MASTS
I I
Power may be supplied lee
from photo control or from I
secondary
T
Wireless units power cord I 112"
from photo control. Point of 40" I I
disconnect is photo control.
x
Zip ties for
12"
power cord Minimum
/\ I
24" -� I
Disconnect
Minimum
15'-6" Minimum I
to ground L X
Notes:
1. Do not mount on poles less than 25 ft in height. Do not mount on ornamental
streetlight poles.
2. Do not mount on mast arms less than 4 ft in length.
3. For 4 ft mast arms, mount Wireless Network box near center of mast arm, at
least 18" from pole.
4. Do not mount on mast arms with luminaires greater than 250 W.
5. Secure any power conductor at multiple locations along mast arm.
6. 12" vertical clearance required to other telecommunications.
7. Installation and maintenance must be done by qualified electrical worker.
8. Do not mount on poles with vertical runs of power conductors such as terminal
risers, other electrical equipment such as transformers, switches, capacitor
banks, automatic meter reading devices, or other wireless network devices.
Isund (tapioca Drawn by Approved OVERHEAD DISTRIBUTION MANUAL
Xcel Energy Jan-14 Jan-12 JD RDS J-20 PACE J-20
WIRELESS NETWORK CLEARANCE
WIRELESS NETWORK BOX MUST
HAVE CLEARANCES AS FOLLOWS: ci f•
Power Conductor d Supply space
Measure to bottom of t``�J
conductor or drip loop }
I Communications
40" Min. I
STREETLIGHT AND I worker safety zone
WIRELESS NETWORK BOX 12" el I
IN COMMUNICATION SPACE Min.
I Communications
I I space
Zip ties for power cord
12" I I
Wireless units power cord
from photo control. Point of
disconnect is photo control. Communications Cable
12" h
Zip ties for power cord Min. I. Supply space
h
STREETLIGHT AND I I Communications
WIRELESS NETWORK BOX 40" Min. I I worker safety zone
IN SUPPLY SPACE
Communications Cable
Communications
space
Notes:
1. Wireless Network boxes on streetlight masts must either be in supply space
(where power conductors are) and be spaced 40" from any communications
wires or facilities or it must be placed in the communications space (where
communications attachments are) and then spaced 40" from any power
conductors or power equipment.
2. Streetlights are the only exception in the code where equipment is allowed in
the Communications Workers Safety Zone (the 40" between communications
and power lines). Once the Wireless Network box is attached to the
streetlight mast this is no longer allowed and the streetlight mast must be
either in the supply space with clearance to the communications or in the
communication space with clearance to the power equipment space.
�// issued awwces Dm"by APPYwAld Fab OVERHEAD DISTRIBUTION MANUAL
XCelEnergy- Jan-14 Jan-12 JD RDS J-21 PAGE J-21
WIRELESS NETWORK ATTACHMENT REQUIREMENTS
COMMUNICATIONS ZONE-HIGH
Secondary {
12" Required a Measure to bottom of drip loop
, /4- }
Supply space
Non-Metallic cable
protection. Service Duct & Service Conductor
Weatherhead and attachments shall be installed and
rigid conduit shown. 40" Min. maintained only by those authorized and
I qualified to work in the supply space.
Communications
worker safety zone ALTERNATE
rCommunications space ---c?
Lockable NEMA 12"
— +
3R visible blade Min. Must ground to pole c>,-
type disconnect 1 ground when present
Insulate exposed wires. Interrupt power of antenna
Keep to minimum length. by interrupting disconnect.
Drip Loop A
r--
48" 12"
Max. Min.
Communications , t Lockable NEMA 1
3R visible blade 24"
type disconnect _L
Communications
> }
i
14' Min.
Ground Line l —
f III-1ffLL
Itlfli�ri=� il- - -lll���,�,fri"l-III fi
Notes:
1. Do not mount on poles with vertical runs of power conductors such as terminal risers, other
electrical equipment such as transformers, switches, capacitor banks, automatic meter reading
devices, or other wireless network devices.
2. Pole mounted wireless network devices must be powered by secondary connection, not through
streetlight photo control.
3. Wireless device case must be bonded through a continuous path to Xcel Energy pole ground
when present. Device case must be effectively grounded either externally or internally.
4. Location of disconnect may be determined based on power output of antenna.
blued a.pnr a do.n by Apps FR. OVERHEAD DISTRIBUTION MANUAL
L Xcel Energy- Jan-14 Jan-10 JD RDS J-22 PAGE J-22
WIRELESS NETWORK ATTACHMENT REQUIREMENTS
COMMUNICATIONS ZONE-LOW
12I
Secondary
-
22 Measure to bottom of drip loop
12" Required
Supply space
Non-Metallic cable
protection. Service Duct & Service Conductor
Weatherhead and attachments shall be installed and
rigid conduit shown. 40" Min. maintained only by those authorized and
qualified to work in the supply space.
Communications
worker safety zone
• Communications space
Communications
Communications t ALTERNATE
12" Min. ^9%
12" Must ground
Min. to pole ground
Lockable NEMA 1 I /_ when present
3R visible blade
type disconnect ; Interrupt power of antenna
by interrupting disconnect.
Insulate exposed wires. Drip
Keep to minimum length. Loop
48" Max. Lockable NEMA
ZN, 3R visible blade 24"
r ��l disconnect —1
15'-6" min. type
—c
14' Min.
Ground Line _ _ _ _ _ Ground Line
I-
ll - l���lll���ii��� "—
Notes:
1. Do not mount on poles with vertical runs of power conductors such as terminal risers, other
electrical equipment such as transformers, switches, capacitor banks, automatic meter reading
devices, or other wireless network devices.
2. Pole mounted wireless network devices must be powered by secondary connection, not through
streetlight photo control.
3. Wireless device case must be bonded through a continuous path to Xcel Energy pole ground
when present. Device case must be effectively grounded either externally or internally.
4. Location of disconnect may be determined based on power output of antenna.
hound Repots. Drown by APPrrrral Fn. OVERHEAD DISTRIBUTION MANUAL
Xcel Energy Jan-14 Jan-10 JD RDS J-23 PAGE J-23
WIRELESS NETWORK ATTACHMENT REQUIREMENTS
POWER SUPPLY SPACE
Secondary S
12" Required Measure to bottom of drip loop
Service Duct, Service Conductor
T and Wireless Network attachments
Non-Metallic cable 16" Min. shall be installed and maintained
protection.
Weatherhead and 1 only by those authorized and
rigid conduit shown. 12" qualified to work in the supply space.
Min. 1
IMust ground to pole
Lockable NEMA 3R visible A ground when present
blade type disconnect } ALTERNATE
Insulate exposed wires. Drip }
Keep to minimum length. Loop -Supply space)
4: ' Max. - I
40" Communications
Min. worker safety zone
Communications 1
Communications,- - j space 1
Communications
Interrupt power of antenna 1—
:-.),_ 24"
-x-_-_ by by interrupting disconnect.
Lockable NEMA 3R visible ..--o1
blade type disconnect 14' Min.
Ground Line Ground Line t
I I-1 I I-I I I-I I I-I I I-I I I-I I I-I I I-I
I l i111-111 I I I�;.� i-H I I l l l I l l;
Notes:
1. Do not mount on poles with vertical runs of power conductors such as terminal risers, other
electrical equipment such as transformers, switches, capacitor banks, automatic meter reading
devices, or other wireless network devices.
2. Pole mounted wireless network devices must be powered by secondary connection, not through
streetlight photo control.
3. Wireless device case must be bonded through a continuous path to Xcel Energy pole ground
when present. Device case must be effectively grounded either externally or internally.
4. Location of disconnect may be determined based on power output of antenna.
Xcel Ener Ian Replaces o a ww Me OVERHEAD DISTRIBUTION MANUAL
gY Jan-14 Jan-10 JD RDS J-24 PAGE J-24
WIRELESS NETWORK ATTACHMENT REQUIREMENTS
TO POLES WITH STREETLIGHTS
Xcel Energy secondary
(Open or lashed cable)
Non-Metallic cable protection.
Weatherhead and rigid conduit shown.
12" Required
} Supply space
Measure to bottom
of drip loop 48" clearance preferred for
-' Xcel Energy bucket operation.
Communications 40" NESC Min. clearance
—T worker safety zone to secondary.
12" Min.
12 Communications space
Lockable NEMA j Min. • Must ground
3R visible blade to pole ground ALTERNATE
type disconnect when present ^Qy
ta.—
Insulate exposed Drip
wires. Keep to Loop
minimum length. Interrupt power of antenna
48,E by interrupting disconnect.
Max.
Lockable NEMA I
3R visible blade 24"
type disconnect —1
^o t
Curb 14' Min.
Ground Line Ground Line I
Notes:
1. Do not mount on poles with vertical runs of power conductors such as terminal risers, other
electrical equipment such as transformers, switches, capacitor banks, automatic meter reading
devices, or other wireless network devices.
2. Pole mounted wireless network devices must be powered by secondary connection, not through
streetlight photo control.
3. Wireless device case must be bonded through a continuous path to Xcel Energy pole ground
when present. Device case must be effectively grounded either externally or internally.
4. Location of disconnect may be determined based on power output of antenna.
� Issued bolo= om.m by S DISTRIBUTION APP FlN OVERHEAD MANUAL
//
lf/ Xcel Energy. Jan-14 Jan-12 JD RDS J-25 PAGE J-25
APPROVED TYPES OF STREET LIGHTING
FOR WIRELESS NETWORK TYPE ATTACHMENTS
NOT APPROVED APPROVED
For Wi-Fi type attachment For Wi-Fi type attachment
x
SOULUMINAIREBOX ( CUTOFF
HEADE
Fiberglass or metal pole
CUSTOM Attachment only to mast arm.
RECTILINEAR
POST TOP DROP LENS STYLE
COBRAHEAD
COBRA W/10'ARM
Wood Pole Attachment
allowed on pole or
mast arm.
(Street Lights Not to Scale)
El I I ILI1I I-1 11=11-1 I r II I-1I I-1I L1=1 I I I I I 1=
Notes:
1. Wood poles may have bolted or banded attachments on pole or mast arm.
2. For fiberglass or metal poles, banding is permitted to the mast arm only. Do not
band or drill directly to fiberglass or metal pole.
3. Minimum height of poles is 25 ft.
4. Pipe type mast arms only with minimum mast arm length of 4 ft.
5. Wind /weight/size/ area / icing of units must be considered before placing on
streetlight poles as the attachments impact the loading on the poles.
Installations must be approved /engineered before attaching to the streetlights.
Issued Replaces Drawn by Appraised fu I OVERHEAD DISTRIBUTION MANUAL
Xcel Energy- Jan-14 Jan-12 JD RDS J-26 PAGE J-26
Document q:
POLE LICENSE AGREEMENT
EXHIBIT B
EXISTING POLE ATTACHMENTS
Auto Permit No. Number of Attachments
480 31
Exhibit B
Existing Pole Attachment Locations
(Green Line)
a si
z
m
9
y
F S � � A SI � '� A SI
y y
� '
5€39 - t '"�;
RodaPa
.�' � PaA
�
,...._� 2 Z
� 15l $ 1
m
z 7s! 5
(�i'� D
c
�
.. '.. UG�`:' .
.�� � - 2ntl $ I
l I q,�. a��n � � � ;
�; -� ,
FyJ .. n
.
� 3r0 51 " 7f 51 . �
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6�h St 41h St ' .
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Xcel Energy- Document tt
POLE LICENSE AGREEMENT
EXHIBIT C
POLE PERMIT APPLICATION
Xcel Energy Permit# Licensee Permit#
This Pole Permit Application ("PPA") is made to the Pole License Agreement between Public
Service Company of Colorado d/b/a/ Xcel Energy ("Electric Company") and Weld County
Colorado, dated , 2015. Capitalized terms used in this PPA have the same meaning as
such terms in the Pole License Agreement unless otherwise indicated.
This Section to be Completed by Licensee
Number of Attachments Requested
Pole Locations —Approximate
Address
City, County, and State
Map Showing Pole Locations See Attachment 1
Clearance and Pole Loading See Attachment 2
Worksheets
Description of Equipment to be
Attached to the Assets
Special provisions
Licensee contact for emergencies
For Electric Company Use
Date Received
Commencement Date
Description and Number
of Approved Attachments
Electric Company contact 800 895-1999
for emergencies
Document 4:
Must follow instructions on attached report and subject to Licensee's
Modifications required compliance with all the requirements of the agreement,NESC, and other
(see attachment)
applicable state and local codes and regulations. j
LICENSEE
By: Telephone:
Name: ;print)
Title:
Company:
Address:
ELECTRIC COMPANY
By:
Name(print):
Title:
Document#:
POLE LICENSE AGREEMENT
EXHIBIT D
FEES
RENTAL
Distribution Pole Attachments for Non-Telecommunications Services: $12.50 per attachment per year
• The term "attachment" means any attachment by Licensee to a Pole owned by Electric
Company. A single pole attachment is defined as any cable, fiber, strand, coax, span guys, or
other apparatus used for communications attached to a single pole. A second attachment by
Licensee on the same Pole that is greater than twelve inches from the initial attachment shall be
counted as an additional pole attachment. Risers or guys, other than span guys, will not be
considered as a second attachment. Second attachments must maintain a minimum of twelve
inches vertical separation from the initial attachment.
INCREASES
Rent may be adjusted annually upon sixty (60) days written notice to Licensee.
Cheryl Hewitt
From: Bruce Barker
Sent: Friday, August 28, 2015 3:43 PM
To: Breuckman, Tom
Cc: Frank Haug; Susan Quick; Cheryl Hewitt
Subject: RE: Xcel Pole Use Agreement-2015-2866
Attachments: 20152866-Contract ID 179 -Xcel Pole Use Agreement.pdf
Tom:
Got your message. Frank will correspond with the City of Greeley on that Amendment.
As for the blank in the verbiage in the agreement with Weld County, it should say, "a Colorado political subdivision."
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Breuckman, Tom [mailto:tom.breuckman@xcelenergy.com]
Sent: Friday, August 28, 2015 12:42 PM
1
To: Bruce Barker
Cc: Frank Haug; Susan Quick; Cheryl Hewitt
Subject: RE: Xcel Pole Use Agreement- 2015-2866
Hi Bruce,
We also need the attached to executed by the City. Do you know the status of the amendment? We want to make
sure that is being taken care of.
Also, on the first page of the agreement there is a blank after"a Colorado ". Is there a type of entity
that should be filled in here? For commercial entities we usually put "a Colorado Corporation". Not sure what should
be in here since it is the County.
Thanks,
Tom Breuckman
Xcel Energy I Responsible By Nature
Manager, Facility Attachments
825 Rice Street, St. Paul, MN 55117
P: 651.229.2224 C: 612.210.5564
E: tom.breuckman@xcelenergy.com <mailto:tom.breuckman@xcelenergy.com>
XCELENERGY.COM <http://www.xcelenergy.com/>
Please consider the environment before printing this email
This e-mail, and any attachments, may contain confidential or private material for the sole use of the intended
recipient(s). If you are not the intended recipient, please contact the sender by reply mail and delete all copies of this
message and any attachments.
2
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Friday, August 28, 2015 12:46 PM
To: Breuckman, Tom
Cc: Frank Haug; Susan Quick; Cheryl Hewitt
Subject: FW: Xcel Pole Use Agreement - 2015-2866
Tom:
Please see the attached and the below message. Could you assist in getting a signature from Xcel?
Thanks!
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Cheryl Hewitt
3
Sent: Thursday,August 27, 2015 3:00 PM
To: Bruce Barker
Cc: Ryan Rose; Susan Quick; Frank Haug; Esther Gesick
Subject: Xcel Pole Use Agreement - 2015-2866
Good afternoon, Bruce. Attached is the agreement which Susan and I discussed with you yesterday. This is one Frank
Haug worked on. On page 22 of the agreement, Xcel Energy still needs to sign it. BOCC approved it yesterday, 08-26-15,
and I believe this agreement is time sensitive? Once it is signed, CTB will need a fully executed copy either by pdf or
hard copy.
Thank you so much for your help with this, Bruce.
Cheryl L. Hewitt
Deputy Clerk to the Board
1150 O Street I P.O. Box 7581 Greeley, CO 80632
email: chewitt@weldgov.com <mailto:chewitt@weldgov.com>
tel: (970) 336-7215 X4227
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