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Pole Attachment Agreement
FORM — REV. 8/05 POLE ATTACHMENT AGREEMENT BETWEEN WESTAR ENERGY, INC. AND CITY OF SALINA THIS AGREEMENT, made this 13th day of April, 2007, by and between WESTAR ENERGY, INC., a Kansas corporation (hereinafter referred to as "COMPANY") and City of Salina . (hereinafter referred to as "ATTACHES"). WITNESSETH: WHEREAS, COMPANY is an electric public utility under the laws of the State of Kan- sas, owns and operates an overhead electric transmission and distribution system in Kansas, and is willing, subject to all of the terms and conditions hereinafter set forth, to grant nonexclusive li- censes to ATTACHEE to attach Equipment to certain COMPANY poles located at the locations identified in Exhibit A attached hereto. WHEREAS, ATTACHEE is duly authorized to provide all lawful communication ser- vices and to use and occupy the streets, alleys, and other public places for such purposes in the areas identified in Exhibit A, and ATTACHEE has attachments and is maintaining those at- tachments, and desires to make new attachments and to maintain portions of its Equipment upon certain COMPANY poles, and to obtain certain rights which may necessitate relocation of COMPANY equipment attached to Joint User poles within said area. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE 1 Definitions 1. Definition and Scone of Agreement As used in this Agreement, the following terms shall have the meanings indicated: 1.1. "Joint User" means any public utility, governmental body or other entity that owns utility poles and contractually shares the use of those poles with COMPANY in return for having the right to share with COMPANY the use of its poles. 1.2. "Other User" means any person, firm, corporation or other entity, other than COMPANY or a Joint User or ATTACHEE, which has one or more items of property le- gally attached to a utility pole owned by COMPANY. 1.3. "Equipment" means cables, wires, supporting strand, service drop wires, tapoffs, line amplifiers including associated power supply equipment, and other similar items of property which may be attached to a utility pole and used to operate ATTACHEE'S communica- tion system. When used to refer to COMPANY or Joint User property, "equipment" means any or all items of property which an electric or telephone or cable utility may attach to utility poles in rendering public service. FORM — REV. 8/05 1.4. "COMPANY pole" means a utility pole owned by COMPANY and lo- cated within the area covered by this agreement which supports facilities used for distributing electric power and energy, but excludes any such pole used primarily for street and highway lighting, unless there are already existing Attachments by ATTACHEE or Other Joint Users, or unless the COMPANY consents thereto. 1.5 "Attachment" means Equipment that is physically attached or installed upon a utility pole. 1.6 "Service Drops" means cables, wires, and strands that are connected from a COMPANY pole to a building or other structure not owned by COMPANY. ARTICLE 2 2. Scope of Agreement. Subject to applicable laws and the terms of this Agreement, any and all rights expressly granted to ATTACHEE under this Agreement, which shall be exercised at ATTACHEE'S sole cost and expense, shall be subject to the prior and continuing right of COMPANY to use the Facilities only, exclusively, or concurrently, with any Other User, other person or persons. 2.1 License. Subject to the terms hereof, COMPANY agrees to grant ATTACHEE a nonexclusive license to attach ATTACHEE'S Equipment to any COMPANY pole located within COMPANY'S service area, for which approval is given by COMPANY as hereinafter provided. 2.2 Acquisition of Consents. ATTACHEE shall secure and shall assist COMPANY in securing any and all consents, permits, franchises or licenses from governmental authorities, property owners, or any person firm, or corporation, that may be required of ATTACHEE or COMPANY by reason of operations of ATTACHEE hereunder. All reasonable expenses of both parties in connection therewith shall be borne by ATTACHEE. 2.3 Relocation Costs. In the event that any Attachment by ATTACHEE to any COMPANY pole or to any Joint User pole to which COMPANY'S equipment is attached shall make necessary the alteration or relocation of any equipment of COMPANY or of any Joint or Other User, ATTACHEE shall pay the total reasonable cost thereof to the party making such al- teration or relocation including all labor and reasonable overhead costs associated with such al- teration or relocation upon receipt of a detailed statement therefor. 2.4 Replacement Costs. In the event any Attachment or crossing of Equipment by ATTACHEE will require replacement by COMPANY of any COMPANY pole with a larger or taller pole, or with a pole at another location, ATTACHEE shall reimburse COMPANY for the total reasonable cost of the project as determined by COMPANY, including the cost of the new pole, crossarms and appurtenances, plus all labor and overhead costs associated with the new installation, the transfer of all COMPANY equipment from the existing pole to the new pole, and the removal and disposition of the existing pole, less salvage credits for all material re- turned to COMPANY store's inventory. In the event COMPANY chooses to install a larger or taller pole or a longer crossarm than that required for the current use of COMPANY, the Joint or Other User and ATTACHEE. then COMPANY will bear the incremental cost of such better- FORM — REV. 8/05 ment. Where said existing pole also is being used by one or more Joint or Other Users, ATTACHEE agrees to reimburse each such Joint or. Other User, consistent with applicable law, for those costs of transferring equipment of such Joint or Other Users from the existing pole to the new pole, less salvage credits for all materials returned to such Joint User or Other User's in- ventory if the transfer is directly attributable to attachment or crossing of Equipment by ATTACHEE. 2.5 Previous Compliance. In the event that any COMPANY pole is out of compliance with any applicable federal, state, and local laws or any applicable COMPANY standards in effect at the time of the last modification of the pole, COMPANY will correct the compliance issue at no cost to ATTACHEE. Any additional costs to accommodate ATTACHEE over and above those corrected by COMPANY will be the responsibility of ATTACHEE. 2.6 Attachment Transfers. In the event that COMPANY transfers its equip- ment from a currently existing pole to a new pole for reasons such as, but not limited to, pole ob- solescence, damage from storms and vehicles and other accidents, compliance with right of way and easement requirements, the necessity of such transfers to be determined by COMPANY in its sole discretion, then COMPANY shall transfer its equipment. COMPANY shall give ATTACHEE written notice of such relocation sixty days prior to performing the relocation. COMPANY is not obligated to transfer ATTACHEE'S Equipment from the old pole to the new pole. ATTACHEE shall transfer its Equipment from the old pole to the new pole at its own ex- pense within 60 days after being notified in writing that the new pole is set and available for transfer. Upon completion'of the transfer from the old pole to the new pole, ATTACHEE shall immediately advise COMPANY of the transfer. ATTACHEE shall pay a late fee of $5.00 per day per pole for each day that the transfer is late. Notwithstanding the foregoing, if such transfer or rearrangement is necessitated by the needs of Other Users or prospective users, ATTACHEE shall not be required to incur or pay any costs in connection with the transfer or rearrangement of its Equipment. COMPANY shall have the right to charge $120 per pole stub removal fee when- ever it has to make a second trip to remove the stub and such amount shall be paid by ATTACHEE. 2.7 Transfers. COMPANY shall not undertake to partially transfer any of ATTACHEE'S facilities on a single pole, except as covered by emergency situations in Section 2.8. 2.8 Emergency Transfers. In an emergency, when a pole to which ATTACHEE is attached requires immediate replacement, COMPANY may transfer all or a part of ATTACHEE'S Equipment from the old pole to the new pole without giving a 60 day notice. Following completion of any work done in an emergency, COMPANY shall advise ATTACHEE that a new pole has been set and whether ATTACHEE'S Equipment has been transferred from the old pole to the new pole or that ATTACHEE'S Equipment needs to be transferred. If ATTACHEE is' advised to transfer the Equipment, it shall do so within 60 days of being advised to do so and shall notify COMPANY immediately pursuant to appropriate COMPANY forms that such transfer has been completed. Notice of an emergency transfer will be given in writing to ATTACHEE within five (5) days of such transfer. 2.9 Late. Transfer Fees. If ATTACHEE is required to transfer its Equipment from an old pole to a new pole within 60 days after receiving notice from COMPANY, ATTACHEE shall pay a late fee of $5.00 per day per pole for each day that the transfer is late. 3 FORM — REV. 8/05 2.10 Ownership. Upon completion of the transfer of all Attachments from the old pole, COMPANY shall continue to own the old pole and shall be responsible for its removal and the restoration of the old pole site. 2.11 Warranty. COMPANY warrants that all transfers performed by COMPANY under this Agreement shall conform to applicable state and municipal codes and standards, the lawful rulings of governmental authorities, ATTACHEE specifications provided to COMPANY in advance, and COMPANY specifications to the extent consistent with such ATTACHEE specifications. However, COMPANY shall not be bound by any ATTACHEE specifications that have not been provided to COMPANY in advance. THIS WARRANTY SHALL BE ATTACHEE'S SOLE WARRANTY WITH RESPECT TO WORK PERFORMED UNDER THIS SECTION 2, AND COMPANY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2.12 Specifications. ATTACHES, at ATTACHEE'S cost and expense, shall make any attachment of its Equipment, and maintain and replace the same, in accordance with (a) such requirements and specifications, set forth in Exhibits B and C attached hereto, and as amended by COMPANY from time to time in its sole discretion and provided to ATTACHEE in advance, (b) the requirements and specifications in the current and/or most recently KCC- adopted edition of the National Electrical Safety Code (NESC), and any amendments or revi- sions thereto, (c) the requirements and specifications of the current Occupational Safety and Health Administration (OSHA) standards applicable to electric power generation, transmission, and distribution installations, including related equipment for the purpose of communication or metering, which are accessible only to qualified employees, and (d) any rules or orders now in effector that hereafter maybe issued by any other authority having jurisdiction. As stated herein, ATTACHEE's workers must be "qualified employees (qualified persons)" as that term is defined in the NESC and under OSHA at 29 CFR 1910.269. Relevant provisions of the OSHA definition are set out in Attachment 1 and incorporated by reference herein. /:1.711109*1 3.1 Applications for License to Attach. At such time as ATTACHEE desires to make any attachments of its Equipment, other than Service Drops, to any COMPANY pole, ATTACHEE shall make written application therefor to COMPANY on an application and li- cense form with attached map. Applications for Attachments must be presented to COMPANY prior to ATTACHEE making desired Attachments. ATTACHEE may make preliminary Attach- ments to COMPANY'S poles after presentation of application to COMPANY. If ATTACHEE wishes to make preliminary Attachments to COMPANY'S poles, ATTACHEE must verify that preliminary Attachments meet NESC and COMPANY clearance requirements, and that the clearance requirements were verified by COMPANY approved ATTACHEE personnel or con- tractor. COMPANY shall approve or disapprove each application in writing within forty-five (45) days after receipt thereof. COMPANY agrees that ATTACHEE shall have the right to per- form NESC and COMPANY code compliance engineering work, limited to clearance and load- bearing capacity, using COMPANY approved ATTACHEE personnel or contractors, to deter- mine whether adequate clearance and load-bearing capacity is available. ATTACHEE will in- clude the results of this engineering work with the application. If ATTACHEE does not include the results of this engineering work with the application, COMPANY will initiate such engineer- FORM — REV. 8/05 ing work, and ATTACHEE shall pay COMPANY'S reasonable cost to determine if adequate clearance and load-bearing capacity are available for ATTACHEE. This engineering inspection fee shall be due within thirty (30) days.after'return ofthe.application and license form pursuant to Article 3.3 below and is in addition to any make ready costs identified in Article 3.3.2 below. ATTACHEE shall be responsible for installing its Equipment on COMPANY'S poles, and alter- ing or relocating equipment belonging to any Joint User, in accordance with Article 2.12. COMPANY may perform a post -installation inspection for each Attachment made by ATTACHEE. If such post -installation inspections are performed, ATTACHEE shall pay COMPANY'S reasonable cost for the post -installation inspection. If COMPANY elects to not perform any inspection pursuant to this Article 3. 1, such non -inspection shall not be grounds for any liability being imposed on COMPANY. 3.2 Removal of Attachments. ATTACHEE shall have the right to remove any of its Attachments at any time and prior to such removal it shall give written notice thereof to COMPANY on such form and map as COMPANY shall provide for said purpose. COMPANY shall acknowledge receipt of such notice of removal by signing and returning a copy thereof to ATTACHEE. 3.3 Necessity for Alteration or Relocation. 3.3.1 No Alteration Required. If COMPANY determines that any At- tachment space so requested is suitable and available without necessity for altering or relocating any of COMPANY'S or any existing Joint or Other User's property or equipment, COMPANY shall approve and return the application and license form to ATTACHEE showing the estimated make ready cost to be zero. If preliminary Attachments have been made, ATTACHEE will be permitted to leave those Attachments in place. If preliminary Attachments were not made, ATTACHEE shall have the right to make said Attachment, in accordance with the specifications set forth in Article 2.12, on or after receipt of such approved application and license form. 3.3.2 Alteration Required. If COMPANY determines to make available any permanent Attachment space so requested, but that alteration or relocation of COMPANY'S equipment or replacement of one or more of COMPANY'S poles will be necessary to provide the Attachment space requested, COMPANY shall return to ATTACHEE, in the timeframe required by applicable law, duplicate copies of the application and license form 516-4 showing the esti- mated cost of the necessary alteration, relocation, replacement, or make-ready work. If ATTACHEE thereafter determines to make said permanent Attachment, a copy of the applica- tion and license form shall be approved by ATTACHEE and returned to COMPANY, and ATTACHEE shall reimburse COMPANY for said cost upon notice from COMPANY of com- pletion of such work. If equipment of any Joint or Other Users is attached to any COMPANY pole to which ATTACHEE. is authorized by COMPANY to make any permanent Attachment, COMPANY shall notify said Joint or Other Users of ATTACHEE'S authority to make said At- tachment. ATTACHEE shall reimburse said Joint or Other Users for the cost, if any, of altering or relocating said Joint or Other User's equipment or transferring same to a new pole. ATTACHEE shall have the right to make said permanent Attachment only after payment of all of such costs. All costs assessed to ATTACHEE shall be in accordance with Article 2.3 and 2.4. COMPANY can, at its discretion, notify ATTACHEE that a deposit equal to the amount of the estimate will be required. If ATTACHEE determines to not make some or all of said prelimi- nary Attachments permanent, ATTACHEE shall remove all preliminary Attachments that will FORM — REV. 8/05 not become permanent pursuant to said application within 10 working days from the date the ap- plication and license form 516-4 were returned to ATTACHEE. 3.4 Overlashine. ATTACHEE shall not be required to submit or obtain an approved application to overlash existing Attachments. ATTACHEE shall not materially change the position of any said attached Equipment or make any replacement thereof of substantially different size or character such as increasing physical size or weight of Attachments, without first notifying COMPANY in writing and providing a load study for such additions reflecting compliance with applicable codes, except in cases of emergency upon oral permission from COMPANY subsequently confirmed in writing. 3.5 Service Masts. ONLY power service -drop conductors shall be permitted to be attached to a service mast. 3.6 Company Equipment. ATTACHEE shall not remove, alter or disturb any equipment owned by COMPANY. 3.7 Facility Crossings. In the event COMPANY determines that rearrange- ment of its equipment or that of any Joint or Other User on any of COMPANY'S poles, or re- placement or relocation of any COMPANY pole, is necessary to provide adequate separation from wires, cables or other Equipment of ATTACHEE attached to other poles crossing beneath COMPANY poles, ATTACHEE shall pay a proportionate share of the cost of all such work in the manner and to the extent set forth in Articles 2.3 and 2.4. 3.8 Concurrent Applications. In the event that COMPANY receives applica- tions for an Attachment license to the same COMPANY pole from two or more applicants, one of whom is ATTACHEE, before COMPANY has completed the licensing of any one such appli- cant, all of COMPANY'S costs for rearrangement or replacement of its poles or COMPANY'S equipment or equipment of Other Users to provide the requested Attachment space for those ap- plicants who are granted a license, shall be prorated between such successful applicants. ATTACHEE shall be bound by COMPANY'S determination as to any such proration of costs to ATTACHEE, so long as said determination is reasonable and does not discriminate against ATTACHEE, and is consistent with applicable law. However, such additional applications shall not delay the processing of ATTACHEE'S application or the granting of approval of ATTACHEE'S applications. ARTICLE 4 4. Installation and Maintenance of Attachments and Poles 4.1 Attach in Communications Space. The exact location of any ATTACHEE Attachment hereunder shall be within the communication space of the COMPANY pole, shall be subject to the prior rights of Joint Users and Other Users, shall be subject to the approval of COMPANY which will not be unreasonably withheld, and shall conform to the specifications under Article 2.12 hereof. 4.2 Modification of Company Equipment to Sustain Unbalanced Load. ATTACHEE shall, or COMPANY will at ATTACHEE'S expense, install and maintain any modification to COMPANY'S equipment as may be necessary, including but not limited to guy FORM — REV. 8/05 wires and anchors, to sustain any unbalanced'foad per Exhibit B of any ATTACHEE Attach- ment hereunder. Guying for ATTACHEE'S Equipment shall have safety factors as required by the National Electrical Safety Coder ATTACHEE'S cables or other Equipment shall be installed on the same side of a pole as any of COMPANY'S low voltage supply conductors thereon. In the event a pole is used by any Joint or Other User, ATTACHEE'S Equipment shall be on the same side of the pole as said Joint or Other User's low voltage or communications lines. ATTACHEE shall not use COMPANY anchors. 4.3 Climbing Space. ATTACHEE'S Attachments shall be made in a manner to provide adequate climbing space for workmen of COMPANY, ATTACHEE and Joint or Other Users in accordance with the applicable codes. 4.4 Relocation or Transfer. Upon written notice from COMPANY, for reason- able cause, ATTACHEE shall remove, relocate or replace its Equipment located on COMPANY'S poles, or transfer the same to other poles, or perform any other work in connection with said Equipment that may be requested by COMPANY, at ATTACHEE'S sole risk and ex- pense. Notwithstanding the foregoing, if such transfer or rearrangement is necessitated by the needs of Other Users or prospective users, ATTACHEE shall not be required to incur or pay any costs in connection with the transfer or rearrangement of its Equipment. In cases of emergency affecting or threatening to affect the operation of COMPANY'S lines and equipment, ATTACHEE shall respond forthwith at any hour of the day or night at the request of COMPANY to make necessary repairs or relocation of ATTACHEE'S Equipment, utilizing competent personnel and adequate work equipment. In lieu of requesting ATTACHEE to relo- cate its Equipment to a new pole, COMPANY may, in its sole discretion, in accordance with the procedures and charges set forth in Articles 2.6 and 2.8, transfer ATTACHEE'S Equipment from the existing attached pole to the new replaced pole of COMPANY. 4.5 COMPANY Operating Rights. COMPANY reserves the right to install, maintain and remove its poles and to operate its own equipment thereon in such manner as will best enable COMPANY to fulfill its public service requirements, using reasonable care. COMPANY shall not be liable to ATTACHEE for any interruption to the service of ATTACHEE or for interference with the operation of or damage to ATTACHEE'S property aris- ing in any manner whatsoever by reason of the exercise by COMPANY of such rights, provided, however, COMPANY shall be liable to ATTACHEE for damage to ATTACHEE's property to the extent caused by the negligence or willful misconduct of COMPANY or its agents arising from COMPANY's installation or maintenance operations. 4.6 Equipment Condition. ATTACHEE shall maintain all of its Equipment at- tached hereunder in safe, orderly condition and in good repair. Any costs incurred by COMPANY to remedy unsafe, disorderly, or poor repair conditions caused by ATTACHEE'S Equipment shall be reimbursed by ATTACHEE to COMPANY, provided, however, the COMPANY has given ATTACHEE reasonable notice and an opportunity to remedy such condi- tion caused by its Equipment and the ATTACHEE has failed or refused to remedy the situation in a reasonable time period, after receiving notice of such condition. 4.7 Tree Trimming. All tree trimming required on account of ATTACHEE'S Equipment Attachments shall be done by ATTACHEE at its expense and in a manner satisfac- tory to COMPANY. FORM — REV. 8/05 4.8 New Structures. If ATTACHEE should desire the location of its facilities at any location within the area covered by this Agreement where COMPANY has an inadequate number of poles in place to fulfill,A'ITACHEE'S requirements, ATTACHEE shall notify COMPANY of ATTACHEE'S need for such pole facilities in such locations. COMPANY shall thereupon determine if it wishes to place poles in such locations for ATTACHEE'S require- ments. If COMPANY so elects, it may erect poles in such locations adequate to meet the service requirements of both ATTACHEE and COMPANY, and ATTACHEE shall thereupon make ap- plication for permission to attach its Equipment thereon as provided in this Agreement. If nei- ther COMPANY nor any Joint User elects to erect pole facilities to accommodate ATTACHEE in such locations, or can not meet construction deadline needs as determined by ATTACHEE, ATTACHEE may erect poles in such locations for its use provided all clearance and crossing re- quirements per Exhibit B are complied with, and ATTACHEE complies with all applicable laws and codes. 4.9 Specific Obligations. Subject to applicable law, nothing in this Agreement shall be construed to obligate COMPANY to grant ATTACHEE a license to make Attachments to any particular COMPANY pole. 4.10 Equipment Removal. If COMPANY requires ATTACHEE to remove any of ATTACHEE'S Equipment attached hereunder, such removal shall be made within sixty (60) days following notice to ATTACHEE to do so and the expiration of any applicable cure period, except as otherwise specifically provided herein. If ATTACHEE shall fail to remove such Equipment within said sixty (60) day period, COMPANY may remove the same without liability therefor and ATTACHEE shall pay all reasonable costs of such removal. 4.11 Pole Ownership Transfer. If COMPANY shall remove its own equipment from any COMPANY pole on which ATTACHEE'S Equipment is attached and determines that it has no further need for such pole, COMPANY may offer ATTACHEE the right to purchase such pole at a Net Book Value, subject to any prior rights of Joint or Other Users to purchase any such pole. If COMPANY transfers ownership of any such pole to any person, firm or corpora- tion other than ATTACHEE, COMPANY shall thereafter have no further obligation or liability for ATTACHEE'S Equipment attached to said pole. If any such pole is not sold to others, and if ATTACHEE does not accept COMPANY'S offer to sell said pole within sixty (60) days from and after receipt of said offer, COMPANY may give notice to ATTACHEE to remove ATTACHEE'S Equipment therefrom to permit physical removal of the pole. If ATTACHEE fails to remove its Equipment within sixty (60) days after receipt of such notice, COMPANY may remove the same, without liability therefor and ATTACHEE shall pay all reasonable costs of such removal. ARTICLE 5 5. Rights of Way and Legal Authority 5.1 Proof of Consent. Before making any Attachment hereunder, ATTACHEE shall submit evidence satisfactory to COMPANY of ATTACHEE'S authority to erect and main- tain its facilities within public streets, highways and other thoroughfares or on private right-of- way where the applicable poles and anchor rods are located, and shall secure any necessary li- cense, permit, or consent from federal, state, or municipal authorities now or hereafter required, or appropriate easements from private owners, to construct and maintain such facilities at such 0 FORM — REV. 8/05 locations, copies of which shall be made available to COMPANY for inspection upon request. If any federal, state or municipal authority, or the owner of any private land upon which such pole . is located, lawfully forbids ATTACHEE use of any'COMPANY pole or poles, following the ex- piration of any applicable appeal or cure period, COMPANY shall have the right to terminate the applicable licenses after ATTACHEE has had an opportunity to exhaust all legal, administrative, and equitable remedies in all state and federal forums. COMPANY shall have no liability as a result of such denial or revocation of authority. In the event of termination, ATTACHEE shall thereupon remove its Equipment from such COMPANY poles within sixty (60) days. ARTICLE 6 6. Fees and Taxes 6.1 Attachment Fees. Subject to Section 6.2 below, ATTACHEE shall pay to COMPANY the then current annual Attachment fee for utilization of COMPANY'S poles. Said fee shall be paid semiannual. The semiannual fee will be based on the number of poles to which ATTACHEE Equipment is known by COMPANY to be attached at the beginning of that month. If, however, COMPANY orders ATTACHEE to remove its Equipment from any pole, the rental for such Attachment shall cease upon the date of said removal. 6.2 Attachment Fees. The Attachment fee for Attachments established pur- suant to Article 6 shall be calculated annually, according to guidelines established by federal law, for those entities governed by said law. Attachment fees for entities not governed by such fed- eral law will be determined by COMPANY. ARTICLE 7 7. Audits 7.1 Periodic Surveys. Periodically COMPANY may survey various areas within its service territory to determine an actual pole Attachment count of entities attached to its poles. When COMPANY desires to perform a pole Attachment survey, it shall notify each party with Attachments on COMPANY'S poles within the area to be surveyed twelve (12) months prior to the start of the survey. COMPANY shall identify the area to be surveyed, the amount of time the survey is expected to take and the number of poles for which Attachments are currently identified for ATTACHEE within that area. Each area surveyed shall be done no more often than once every five years. The cost of the survey shall be charged to ATTACHEE based on the number of ATTACHEE'S Attachments on COMPANY'S poles in that area as determined through the survey divided by the total number of Attachments of all parties, other than COMPANY, attached to COMPANY'S poles in that area. Facilities that are overlashed to an ex- isting ATTACHEE facility will not be counted. If the number of ATTACHEE'S Attachments within the survey area are different from the number of ATTACHEE'S Attachments within the survey area as indicated by COMPANY prior to the commencement of the survey, COMPANY shall back bill or credit ATTACHEE whichever the case may be for the difference for a period of five years or the period since the most recent survey whichever is less, at the rate which was be- ing charged during the period to be back billed or credited. COMPANY shall send a statement to ATTACHEE thirty days after the results of the survey are given to ATTACHEE identifying the amount owed for the survey and the amount of the back bill or credit. ATTACHEE shall make payment within thirty (30) days of presentation of the invoice if a net amount is owed by FORM — REV. 8/05 w „' ATTACHEE. If the statement shows that COMPANY owes ATTACHEE, COMPANY shall make payment to ATTACHEE within thirty, (30) days. If as a result of said survey, or if at any other time, COMPANY determines that an Attachment is unauthorized, in addition to the rights enumerated above, COMPANY may order the immediate removal of said Attachment or ap- prove said Attachment upon proper application therefor by ATTACHEE. Such Attachments shall also be required to be in compliance with the specifications set forth in Article 2.12. 7.2 Within thirty days after completion of the survey, COMPANY shall pro- vide ATTACHEE with the results of the survey. Such information shall include any survey re- port, consultant contract, system maps identifying ATTACHEE'S pole attachments, and break- down summary information regarding Joint or Other Users with attachments in the area(s) sur- veyed, especially any information relating to discrepancies in the number and/or location of ATTACHEE'S attachments to COMPANY'S poles. To the extent that COMPANY'S survey re- flects a discrepancy in the number and/or location of ATTACHEE'S attachments, ATTACHEE shall be given a reasonable period of time (maximum of 90 days) subsequent to receipt of COMPANY'S survey information to review and, if necessary, refute the findings of COMPANY'S survey. COMPANY and ATTACHEE shall work cooperatively together to re- solve any reasonable questions raised as to the accuracy of the survey results. ARTICLE 8 8. Indemnity and Insurance 8.1 Indemnification. 8.1.1 Indemnification. Each party shall defend, indemnify, protect, and hold harmless the other party and its directors, officers, employees, agents, and representatives from and against any and all loss, costs, claims, demands, damage and/or expense arising out of any demand, claim, suit or judgment for damages to property and injury to or death of persons, including the officers, agents, and employees of either party hereto, including payment made un- der any Workers' Compensation Law or under any plan for employees' disability and death benefits and including claims for libel, slander, copyright or patent infringement, which may arise out of or be caused by negligence or other wrongful conduct under this agreement for: the party's, its employee's or agent's wrongful interference with or proximity to the respective ca- bles, wires, apparatus and other property and equipment of the other party and of any Joint Users or Other Users, or any wrongful act or omission of the party, including any claims and demands of customers of the party, or other third parties. If ATTACHEE's liability for property damage and injury to or death of persons is limited by state or federal law, such law shall govern to the extent that is determined to restrict the extent of ATTACHEE's indemnification of the COMPANY. 8.1.2 Indemnification Procedure. The procedure for indemnification shall be as provided here. The party claiming indemnification (the "Claimant") shall within twenty-five (25) days or discovery of the facts or circumstances giving rise to such claim give notice to the party from which indemnification is claimed (the "Indemnifying Party") of any claim, specifying in reasonable detail the factual basis for the claim. If the claim relates to an ac- tion, suit, or proceeding filed by a third party against Claimant, such notice shall be given by Claimant within ten (10) days after written notice of such action, suit, or proceeding was given to Claimant. The failure by Claimant to give such notice timely shall not affect the rights of the 10 FORM — REV. 8105 Claimant hereunder except to the extent that it e`Indemnifying Party demonstrates that the de- fense of such action is prejudiced thereby. With respect to any claim by a third party as to which the Claimant is entitled to indemnification under this.Agreement, the Indemnifying Party shall have the right at its own expense to participate in or assume control of the defense of such claim if, after notice from the Claimant of any such claim for losses, the Indemnifying Party provides to the Claimant notice thereof acknowledging its potential liability to the Claimant hereunder, and the Claimant shall cooperate fully with the Indemnifying Party, subject to reimbursement for reasonable out of pocket expenses incurred by the Claimant as the result of a request by the In- demnifying Party. If the Indemnifying Party elects to assume control of the defense of any third party claim in accordance with the preceding sentence, the Claimant shall have the right to par- ticipate in the defense of such a claim at its own expense, but the Indemnifying Party shall con- trol such defense and any compromise or settlement of such third party claim, including the se- lection of legal counsel. If the Indemnifying Party shall elect not to undertake such defense, or shall fail to provide notice to Claimant of its election to undertake such defense in accordance with this Section, or, within a reasonable time after providing such notice to Claimant, shall fail to defend such claim, the Claimant shall have the right to undertake the defense, compromise or settlement of such claim, by counsel or other representatives of its own choosing, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall pay Claimant, in addition to the other sums required to be paid hereunder, any reasonable costs and expenses incurred by the Claimant in connection with such defense, compromise or settlement as and when such costs and expenses are so incurred. Anything in the Section to the contrary not- withstanding, with respect to any third party claim, neither party shall (i) dispose of, compromise or settle any claim or action in a manner that is not reasonable under the circumstances and in good faith, and (ii) make any non monetary settlement or compromise without the other party's consent, which consent will not be unreasonably withheld. 8.2 Insurance. ATTACHEE shall carry insurance or self-insurance in the amounts specified herein during the term of this Agreement at its sole cost and expense to protect the parties hereto from and against any and all above -said claims and demands and from and against any and all actions, judgments, costs, expenses, and liabilities of every name and nature which may arise or result, directly or indirectly from or by reason of the acts or omissions of ATTACHEE hereunder, and irrespective of any fault, failure, negligence or alleged negligence on the part of COMPANY. The amounts of such insurance or self-insurance against liability due to personal injury to or death of persons should be $1,000,000 as to any one person and $1,000,000 as to any one occurrence. The amounts of such insurance against liability due to property damage shall be $300,000 as to any one claim and $300,000 as to any one occurrence. In addition, an excess liability umbrella shall be carried for bodily injury and property damage combined of $5,000,000. ATTACHEE shall also carry such insurance as will fully protect both it and COMPANY from all claims of any Workers' Compensation laws that may be applicable by reason of the acts of ATTACHEE, its employees or independent contractors. If ATTACHEE's liability for property damage and injury to or death of persons is limited by state or federal law, such law shall govern to the extent that is determined to restrict the amount of general liability insurance required in this provision 8.2. 8.3 COMPANY Approval of Insurance. The company or companies issuing such insurance, or the administration of self-insurance if applicable, shall be approved by COMPANY, which approval shall not be unreasonably withheld. ATTACHEE shall name COMPANY as an additional insured in each of such policies and shall obtain a waiver by the in- surers of subrogation rights against COMPANY and its employees. Joint Users or Other Users FORM — REV. 8/05 shall also be named as an additional insured in each of such policies if they so request. ATTACHEE shall submit to COMPANY certificates of such insurance from each such company in form reasonably satisfactory to COMPANY. ATTACHEE shall obtain an agreement from such insurers that they will not cancel or make any change to said policy of insurance that would adversely affect coverage available to COMPANY except after thirty (30) days notice in writing to COMPANY. ATTACHEE shall submit to COMPANY any such policies of insurance for COMPANY'S approval on request, which approval will not be unreasonably withheld. ATTACHEE and COMPANY shall promptly notify the other party in writing of all claims of the type described in this Article 8 unless same are clearly not applicable to operations under this Agreement. Copies of all accident or other reports made to any insurer by ATTACHEE or COMPANY shall be furnished to the other party, unless same are clearly not applicable to opera- tions under this Agreement. 8.4 Damaee. Each party shall exercise reasonable care to avoid damage to fa- cilities of the other and of Joint or Other Users, and each party hereby assumes all responsibility for any and all loss arising from such damage caused only by sole negligence of that party. Each party shall make an immediate report to the other party of the occurrence of any such damage and shall reimburse the other party for its reasonable costs to repair such damage. Nothing in this section shall be deemed to limit any party's liability and obligations under the indemnifica- tion and insurance provisions of section 8 of this Agreement. ARTICLE 9 9. Other Provisions. The following provisions shall apply generally to the terms of this Agreement. 9.1 Assignment. ATTACHEE shall not assign, transfer, or sublet this Agree- ment, or any of its rights or licenses hereunder without the prior written consent of COMPANY and assignee's compliance prior to assignment with the requirements set forth in Articles 5 and 8. Such written consent shall not be unreasonably withheld. Such written consent shall not be required, however, when the Agreement is transferred or assigned to a company, and/or merged with a company, and such Assignee company and ATTACHEE are under the common control of the same parent corporation. In such case, ATTACHEE shall notify COMPANY within 60 days of the effective date of the transfer, assignment, and/or merger. ATTACHEE shall also notify COMPANY in writing of any merger, sale of assets or other reorganization that transfers control of ATTACHEE to other persons, firms or corporations. If ATTACHEE assigns a portion of the assets located within the area identified in Exhibit A, then assignee shall be required to execute a new pole attachment agreement for the poles assigned to assignee, unless and except when the assets are transferred or assigned to a company, and/or merged with a company, and such as- signee company and ATTACHEE are under common control of the same parent organization. Until such new agreement is executed, ATTACHEE shall remain liable for all costs and charges associated with the assets assigned. Occupancy fees paid by ATTACHEE prior to the date a new agreement is executed with assignee, shall carry over to the benefit of assignee upon the execu- tion of a new agreement between COMPANY and assignee. 9.2 Bankruptcy. If ATTACHEE shall make an assignment for the benefit of creditors or shall be declared bankrupt by any court of competent jurisdiction or shall be in fact insolvent, COMPANY shall have the right to terminate this Agreement upon thirty (30) days no- tice in writing. 12 FORM — REV. 8/05 9.3 No Vested Ownership. No use, however extended, of COMPANY poles under this Agreement shall create or vest in ATTACHEE any ownership or property right in said poles. Nothing herein contained shall be construed to compel COMPANY to maintain any of its poles for a period longer than that determined by COMPANY. 9.4 Non -Exclusivity. Nothing herein contained shall be construed as affecting or limiting the rights or privileges heretofore or hereafter granted by COMPANY to others by contract or otherwise, to use COMPANY poles. 9.5 General Waiver. Failure by either party to enforce compliance with any of the provisions of this Agreement shall not constitute a general waiver or relinquishment of any such provisions or of the right of either party thereafter to enforce the same. 9.6 Payment of Fees. All amounts payable by ATTACHEE to COMPANY under the provisions of this Agreement shall, unless otherwise specified, be payable within thirty (30) days after billing. Nonpayment of any such amounts when due shall constitute a default un- der this Agreement. If it becomes necessary for COMPANY to refer the matter of nonpayment of fees by ATTACHEE to a collection agency and/or attorney, ATTACHEE shall be responsible for reimbursement to COMPANY for any and all reasonable fees related to such collection ef- forts, including reasonable attorney's fees, to the extent COMPANY is successful in its collec- tion efforts. 9.7 Contacting Parties. Any notice provided in this Agreement to be given by either party hereto to the other, shall be in writing and shall be delivered by United States Certi- fied Mail, postage prepaid, or via confirmed facsimile, addressed as follows: TO COMPANY: Westar Energy, Inc. 818 Kansas Avenue Topeka, Kansas 66612 Attention: Gregg Noland Manager, Technical Services Facsimile: 785-575-6068 TO ATTACHEE: City of Salina 300 W Ash Room 103 Salina, KS 67401 Attention: Craig Ingram Title: Facsimile: or to such other person and address as the party may designate in writing. 9.8 Jurisdiction and Venue: Waiver of Jury. Any and all suits for any breach of this Agreement of the rescission or specific performance of this Agreement shall be filed and maintained in any court of competent jurisdiction in Topeka, Kansas; provided, however, noth- ing herein shall prevent the parties from asserting any claim or other matter related to this Agreement before any governmental agency with applicable jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard 13 FORM — REV. 8/05 to choice of law provisions. It is hereby agreed that the parties waive their right to a jury trial in any litigation resulting from said Agreement. 9.9 Nondiscrimination. ATTACHEE agrees that during the perform- ance of any work required under this Agreement, it will not discriminate against any employee or applicant for employment or in the work place because of race, color, religion, sex, national ori- gin, age, handicap, disabled veterans or Vietnam era veteran status. ATTACHEE agrees that it will comply with all applicable provisions of federal and state laws and rules and regulations prohibiting such discrimination, including but not limited to Executive Order No. 11246, the Re- habilitation Act of 1973, the Age Discrimination in Employment Act, applicable rules and regu- lations, and any amendments thereto, herein incorporated by reference. ATTACHEE agrees that it will comply with all applicable provisions of the Vietnam Veterans Readjustment Act of 1974 and, if applicable, shall take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, as provided by said act, applicable rules and regulations, and any amendments thereto. ATTACHEE agrees, if required by applicable law, that it will use best efforts to provide the maximum practicable opportunity for Small Business, Small Disadvantaged Business, Woman -owned Small Business, Historically Underutilized Busi- ness Zone Small Business, Veteran -owned Small Business or Service -disabled Veteran -owned Small Business to be utilized for subcontractor work or to provide supplies in conjunction with work performed under this Agreement. 9.10 Employee Rights. ATTACHEE agrees that it will comply with any and all applicable provisions of 29 C.F.R. part 470, issued pursuant to Executive Order 13201 of February 17, 2001, which requires notice of employee rights concerning payment of union dues or fees. ARTICLE 10 10. Term and Termination of Agreement and Previous Agreements 10.1 Term. This Agreement shall be effective on the date first above written and shall continue until the end of the fifth calendar year after the date of execution of this Agreement, and continue to be automatically renewed each year thereafter until terminated by ei- ther party in accordance with the provisions herein by either party giving to the other party at least sixty (60) days written notice, and upon termination hereof ATTACHEE shall remove all of its Equipment from COMPANY poles within six months thereafter. 10.1.1 Agreement Modification and Amendment. This agreement may be modified or amended, upon proposal by either party, by written agreement of both parties. 10. 1.2 Prior Licenses. Licenses for Attachments granted pursuant to ear- lier pole attachment agreements between the parties shall be deemed Licenses granted under this Agreement. Nothing in this provision supersedes, alters, or changes any other provision of this Agreement. 10.2. Termination. ATTACHEE may at any time remove its Equipment from any of COMPANY'S poles, but shall immediately give COMPANY written notice of any such removal on the notice of removal form as hereinbefore provided. No credit or refund of any pole rental shall be allowed to ATTACHEE on account of such removal. 14 FORM — REV. 8/05 10.3 Failure to Comply. If ATTACHEE shall fail to comply with any of the material provisions of this Agreement except for the payment of money, and shall fail within sixty (60) days after written notice from COMPANY to correct such noncompliance, COMPANY may, at its option, forthwith terminate this Agreement or each license covering such poles as to which such noncompliance may have occurred, provided, however, if ATTACHEE is making good faith efforts to correct any such noncompliance in a timely fashion, ATTACHEE shall have such additional time as agreed between the parties to correct such matters. If ATTACHEE fails to make good faith efforts to correct any such compliance in a timely fashion, ATTACHEE shall within sixty (60) days after receipt of any termination notice remove its Equipment from the poles specified by COMPANY. If ATTACHEE shall fail to make any payment of money due hereunder within sixty (60) days of its due date, COMPANY shall have the right to terminate this Agreement forthwith and upon such termination ATTACHEE shall have six (6) months within which to remove its Equipment. Notwithstanding the preceding sen- tence, if ATTACHEE has made good faith objection to the amount due and payable to COMPANY, COMPANY may not terminate this Agreement so long as ATTACHEE has paid all amounts not in dispute. This provision shall not limit the right of COMPANY to remove or cause removal of any Equipment of ATTACHEE from COMPANY poles, or the right of COMPANY to remove any of its poles, under, but without limitation to, the provisions of Article 4.5, 4.6, and 4.10 of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. CITY OF SALINA WESTAR}E�N�ER�GY, INC. By: J. + I �_' By: ��.�-I� - ", '6 - /yam% eLp, Signature 1Lyxvue Is. Mcrrs Signature , ilka Mayor Print Name Title William B. Moore President & Chief Operating Officer Westar Energy, Inc. Ap roved for I rance: L/Z� �� — f Gregg Noland Manager Technical Services 15 FE1 t u 1 :11117 ATTACHMENT "QUALIFIED EMPLOYEE (QUALIFIED PERSON)" UNDER OSHA Regulations (Standards — 29 CFR) Electric Power Generation, Transmission, and Distribution. —1910.269 1910.269(x) Definitions "Qualified employee (qualified person)." One knowledgeable in the construction and operation of the electric power generation, transmission, and distribution equipment involved, along with the associated hazards. Note 1: An employee must have the training required by paragraph (a)(2)(ii) of this section (below) in or- der to be considered a qualified employee. 1910.269(a)(2)(ii) Qualified employees shall also be trained and competent in: (1910) The skills and techniques necessary to distinguish exposed live parts from other parts of electric equipment, (1910) The skills and techniques necessary to determine the nominal voltage of exposed live parts, (1910) ©The minimum approach distances specified in this section corresponding to the volt- ages to which the qualified employee will be exposed, and (1910) The proper use of the special precautionary techniques, personal protective equipment, insulating and shielding materials, and insulated tools for working on or near exposed en- ergized parts of electric equipment. Note: For the purposes of this section, a person must have this training in order to be considered a qualified person. Note 2: Except under paragraph (g)(2)(v) of this section (set out below), an employee who is undergoing on-the-job training and who, in the course of such training, has demonstrated an ability to perform duties safely at his or her level of training and who is under the direct supervision of a qualified person is con- sidered to be a qualified person for the performance of those duties. 1910.269(g)(2)(v) Fall arrest equipment, work positioning equipment, or travel restricting equipment shall be used by employees working at elevated locations more than 4 feet (1.2 m) above the ground on poles, towers, or similar structures if other fall protection has not been pro- vided. Fall protection equipment is not required to be used by a qualified employee climbing or changing location on poles, towers, or similar structures, unless conditions, such as, but not lim- ited to, ice, high winds, the design of the structure (for example, no provision for holding on with hands), or the presence of contaminants on the structure, could cause the employee to lose his or her grip or footing. Note 1: This paragraph applies to structures that support overhead electric power generation, transmission, and distribution lines and equipment. It does not apply to portions of buildings, such as loading docks, to electric equipment, such as transformers and capacitors, nor to aerial lifts. Requirements for fall protection associated with walking and working surfaces are contained in Subpart D of this Part; requirements for fall protection associated with aerial lifts are contained in 1910.67 of this Part. Note 2: Employees undergoing training are not considered "qualified employees" for the pur- poses of this provision. Unqualified employees (including trainees) are required to use fall protec- tion any time they are more than 4 feet (1.2 m) above the ground. iD EXHIBIT A APPROVED AREAS FOR ATTACHMENT Salina Saline County 17 FORM - REV. 8/05 FORM — REV. 8/05 EXHIBIT B-1 through B-8 POLE ATTACHMENT REQUIREMENTS AND SPECIFICATIONS B-1 Climbing Space B-2 Clearance Above Ground B-3 Guy and Anchor Requirements B-4 Attachments to Pole Mounted Power Equipment B-5 Overhead Service to Joint Users/Other Users with Attachment Agreements B-6 Cable Mounted and Electric Light Bracket On Pole B-7 Service Standard 63.0 Rev .3 or Later / Line Construction Standard 15-020.0 Rev .0 or Later B-8 National Electrical Safety Code, Table 232-1, "Vertical Clearance of Wires, Conduc- tors and Cables Above Ground, Roadway, Rail or Water Surfaces N FORM — REV. 8/05 EXHIBIT C POLE ATTACHMENT SPECIFICATIONS: Cable Suspension Clamp Three -Bolt 19 Ex TB T 3- JOINT USERS/OTHER USEPS CLIMBING SPACE - 0 _ 1 3' - 0 JOINT OTHER SEE EXHIBIT E FOR CLAMP DETAIL DROP WIRES TO BE FLYING TAPS 36 IN. MIN. NOTE: I. ALL ATTACHMENTS TO BE ON STREET SIDE OR FACE OF POLE. 2. DO NOT CRISSCROSS CABLES OR DROPS AT POLE. CAD,FILE I EXHIBIT '13, - 1 ESTO,INSERV 0 09/15/97 RAA l` JOINT USERS/OTHER USERS JNTPLEX8I-0OIOOP,JTPL NO- DATE BY CK APP SHEET I OF I JNTPLEX B -I REV 0 xHIBTT 'L-2 JOINT USERS/OTHER USERS CLEARANCE ABOVE GROUND NEUTRAL HIGH OR NEUTRAL LOW, THE SPACING IS FROM THE LOWEST POINT OF ELECTRIC CONSTRUCTION TO THE HIGHEST POINT OF OTHER USERS/JOINT USERS CONSTRUCTION. ELECTRIC SUPPLY JOINT USERS/ FOREIGN ATTACHERS IAI NOTES: REFERENCE LOS 15-020.0, SS -63.0 AND/OR NESC TABLES 232-1 LATEST REV. SEE SHEETS 8 AND 9. (L\ POWER PRIMARY VOLTAGE PHASE TO GROUND SPACING TO OTHERS 0 - 8,700 40" 8,700 - 22,000 46" 22,000 - 40,000 53" 40,000 --67 1100 63" 67,000 - 80,000 70" -80, 000 - 93,000 74" 2 I' SEPARATION BETWEEN Q CLEARANCE IS REQUIRED THROUGH OUT THE SPAN LENGTH. 4. COMMUNICATIONS CROSSING BENEATH AND PERPENDICULAR TO BUT NOT ATTACHED TO MUST MAINTAIN A 4' CLEARANCE, UNLESS HORIZONAL DISTANCE IS CLOSER THAN 6' TO COMMUNICATION STRUCTURE THEN 6' CLEARANCE MUST BE MAINTANED. REF, NESC TABLE 233-1. CAD,FILE1 - EXHIBIT 2 ESTD.INSERV 0 09/05/97 RAA JOINT USERS/OTHER USERS JNiPLEXe2-00I00P,JT, INO,1 DATE f BY I CK I APP I SHEET 1 OF I JNTPLEX $-2 I REV C NOTE EXHIBIT 6-3 JOINT USERS/07HER USERS GUY AND ANCHOR REOUIREMENTS d JOINT USERS/OTHER USERS SHALL INSTALL GUY INSULATORS. 2. IE JOINT USERS/OTHER USERS INSTALL A GUY AND ANCHOR, THEY ARE TO BE PARALLEL TO COMPANY GUYS AND ANCHORS. 3. JOINT USERS/OTHER USERS SHALL ATTACH THEIR GUYS TO THEIR ANCHORS ONLY, AND SHALL NOT ATTACH ANY ACCESSORIES TO COMPANY EQUIPMENT. 3 CAD,ET_LE 17k,-EXHIBIT,3-3 ESTD, INSERV 0 09/15/97 RAA I j ;. = OINT USERS/OTHER USERS JNTPLEXE3-00100P,JTPLINO.I DATE I BY I CK I APP SHEET I OF I I JNTPLEX.R-3 1 REV 0 EXHI' T B-4 JOTNT USERS/OTHER USERS ATTACHMENTS TO POLE MOUNTED POWER EQUIPMENT / BOND AT FIRST AND LAST POLE AND AT EVERY TENTS NOTE: E MOUNTED POWER TPMENT (TRANS, REG, CAP, .LOS, FUSES AND ETC.) ;ECONDARIES 0 POWER PRIMARY VOLTAGE PHASE TO GROUND SPACING TO OTHERS 0 - 8,700 40" 8.700 - 22,000 46" 22,000 - 40,000 .53" 40,000 - 67,000 63" 67,000 - 80,000 70" 80,000 - 93,000 74" SEE PAGE 5 FOR JOINT USERS/OTHER USERS EOUIPMENT INSTALLATION 4 CAD, FILE 1 EXHIBIT 13-4 ESTD,INSERV 0 09/15/97 1 RAA JOINT JSFPS/OTHER USERS JNTPLEX64-OOIOOP, JTPL NO.1 DATE I BY I CK APP SHEET I OF I JNTPLEX Cj°-4 REV 0 GROUND CUSTOMER'S UNDERGROUND CONDUCTOR 6 CONDUIT IN LEIU OF OVERHEAD CONDUCTOR CALL 2 WORKING DAYS BEFORE YOU DIG I-600-344-7233 KANSAS CABINETI I" MAX —ALL BOLTS SHALL BE CUT OFF TO LESS THAN ONE INCH EXTENSION CONDUIT SUPPORTS AT METER & AT TOP OF POLE SHALL HAVE A 8' MIN. THROUGH BOLT AND A LAG BOLT NESC 217-2c - T OTHERS SHALL USE 2 LAG BOLTS. 71 S 0! DISCONNECT AND ALL OTHER EOUIPMENT(EXC POLE) Z < INSTALLED BY CUSTOMER r E E & INSPECTED BY LOCAL ELECTRICAL INSPECTOR CUSTOMER'S MOULDING 6 GROUND LEVEL GROUND WIRE ZL NOTES: CUSTOMER'S GROUND ROD �j - CUSTOMER SHALL INSTALL FUSE DISCONNECT LOCATED AND GROUND AS PER NEC & LOCAL CODE. FROM WESTERN N CUSTOMER'S 1/2" X 8PT GROUND ROD SHALL RESOURCES' BE A MINIMUM DISTANCE OF 6 FEET FROM GROUND ROD WESTERN RESOURCES' GROUND ROD; USE OF SEE NEC WESTERN RESOURCES' GROUND BY CUSTOMER ARTICLE 250. SHALL NOT BE PERMITTED. (SEE SS -57.0 FOR ADDITIONAL GROUNDING DETAILS) PHASE SPACING TO 2_ METER ENCLOSURE FURNISHED BY WESTERN ROUND ® OTHERS RESOURCES. INSTALLED BY CUSTOMER. 8.700 40" /3\- CONDUIT SERVING POWER TO FOREIGN UTILITY'S EOUIPMENT SHALL EXIT EITHER 22,000 46" THE BACK, BOTTOM, OR SIDE OF THE METER QENCLOSURE BUT SHALL NOT EXIT THE TOP. - CUSTOMER SHALL BOND POWER SUPPLY BOX _ - 67,000 63" 0 CUSTOMER INSTALLED GROUND ROD AS PER NEC REQUIREMENTS. (SEE SS -57.0 80,000 70" FOR ADDITIONAL GROUNDINGDETAILS) - 93,000 7d" zis- AN OPTIONAL FLAT MONTHLY BILLING BY CONTRACT MAY BE ALLOWED IN LEIU OF METERED SERVICE. CONTACT WESTERN rj RESOURCES DISTRIBUTION ENGINEERING DEPARTMENT FOR DETAILS. VOLTAGE TO G d EX:-' BTT i 5 0 - OVERHEAD SERVICE TO JOINT USERS/OT",ER USERS 22,000 WITH ATTACHMENT AGREEMENTS 53" 40,000 SERVICE POINT CONNECTIONS By �I POLE LOCATION OF ANY =OREIGN UTT_LIIY POWER SUPPLY SHALT— BE 67,000 WESTERN RESOURCE 80,000 APPROVED BY WESTERN RESOURCES ENGINEERING DEPARTMENT WESTERN CUSTOMER INSTALLS RESOURCES' 1 SECONDARY WEAT'HER�.EAD WITH 3FT WIRE LEADS LINES ( 12" MIN FOR CONNECTIONS. LICENSEE CABLE INSTALL IS" -24" 12" RECOMMENDED BELOW SECONDARY. CUSTOMER OTHER UTILITY PROVIDES 6 COMMUNICATION CONDUIT SUPPORTS INSTALLS CABLE SHALL HOLD CONDUIT CONDUIT 31" MINIMUM 6" AWAY FROM POLE SUPPORT BELOW LOWEST BRACKETS COMMUNICATION FOREIGN UTILITY CABLE POWER SUPPLY OR DEVICE (WEATHERTIGHT GROUND CUSTOMER'S UNDERGROUND CONDUCTOR 6 CONDUIT IN LEIU OF OVERHEAD CONDUCTOR CALL 2 WORKING DAYS BEFORE YOU DIG I-600-344-7233 KANSAS CABINETI I" MAX —ALL BOLTS SHALL BE CUT OFF TO LESS THAN ONE INCH EXTENSION CONDUIT SUPPORTS AT METER & AT TOP OF POLE SHALL HAVE A 8' MIN. THROUGH BOLT AND A LAG BOLT NESC 217-2c - T OTHERS SHALL USE 2 LAG BOLTS. 71 S 0! DISCONNECT AND ALL OTHER EOUIPMENT(EXC POLE) Z < INSTALLED BY CUSTOMER r E E & INSPECTED BY LOCAL ELECTRICAL INSPECTOR CUSTOMER'S MOULDING 6 GROUND LEVEL GROUND WIRE ZL NOTES: CUSTOMER'S GROUND ROD �j - CUSTOMER SHALL INSTALL FUSE DISCONNECT LOCATED AND GROUND AS PER NEC & LOCAL CODE. FROM WESTERN N CUSTOMER'S 1/2" X 8PT GROUND ROD SHALL RESOURCES' BE A MINIMUM DISTANCE OF 6 FEET FROM GROUND ROD WESTERN RESOURCES' GROUND ROD; USE OF SEE NEC WESTERN RESOURCES' GROUND BY CUSTOMER ARTICLE 250. SHALL NOT BE PERMITTED. (SEE SS -57.0 FOR ADDITIONAL GROUNDING DETAILS) PHASE SPACING TO 2_ METER ENCLOSURE FURNISHED BY WESTERN ROUND ® OTHERS RESOURCES. INSTALLED BY CUSTOMER. 8.700 40" /3\- CONDUIT SERVING POWER TO FOREIGN UTILITY'S EOUIPMENT SHALL EXIT EITHER 22,000 46" THE BACK, BOTTOM, OR SIDE OF THE METER QENCLOSURE BUT SHALL NOT EXIT THE TOP. - CUSTOMER SHALL BOND POWER SUPPLY BOX _ - 67,000 63" 0 CUSTOMER INSTALLED GROUND ROD AS PER NEC REQUIREMENTS. (SEE SS -57.0 80,000 70" FOR ADDITIONAL GROUNDINGDETAILS) - 93,000 7d" zis- AN OPTIONAL FLAT MONTHLY BILLING BY CONTRACT MAY BE ALLOWED IN LEIU OF METERED SERVICE. CONTACT WESTERN rj RESOURCES DISTRIBUTION ENGINEERING DEPARTMENT FOR DETAILS. VOLTAGE TO G d 0 - 8,700 - 22,000 40,000 53" 40,000 67,000 80,000 CAD,FILE EXHIBIT S-5 ESTD,INSERV 0 09/15/97 RAA JOINT USERS/OTHER USERS JNTPLEXB5-00IOOP, JTPLINO.I DATE I BY CK I APP I SHEET I OF I JNTPLEX B-5 I REV 0 J J EXHIBIT i3-6 JOINT USERS/OTHEP USERS CABLE MOUNTED AND ELECTRIC LIGHT BRACKET ON POLE NOT LESS THAN 12 (ABOVE OR BELOW) BOND AT FIRST AND LAST POLE AND AT EVERY TENTF I qb IN, RT -MARY VOLTAGE PHASE TO GROUND SPACING TO OTHERS 0 - 8.700 40" 8,700 - 22.000 46- 22.000 - 40.000 53" 40,000 - 67,000 63" 67,000 - 80,000 70" 80,000 - 93,000 74" CAD,FILE I - EXHIBIT � 6 ESTD,INSERV 0 09/15/97 RAA JOINT USERS/OTHER USERS JNTPLEX86-001OOP ,JTPL NO .I DATE BY CK APP SHEET I OF I JNTPLEX S-5 REV 0 EXH.=a_- B-7 JOINT USERS/OTHER USERS SERVICE STANDARD 63.0 REV.3 OR. LATER - WHERE BUILDING DOES NOT ALLOW CLEARANCE SEE NESC T-232-1 FOOTNOTE a. LINE CONSTRUCTION STANDARD 15-020.0 REV.O OR LATER 22' 18.5' 18' 18' 22' 22' 22 18.5' 12.5' 12.5 ROADS, STREETS, ALLEYS, (2) WICHITA CITY RESIDENTIAL DRIVEWAYS NONRESIDENTIAL DRIVE- STREETS.ALLEYS NOT SUBJECT TO TR UC'd WAYS,PARKI NG LOTS,AND TRAFFIC OTHER AREAS SUBJECT TO TRUCK TRAFFIC BASIC CLEARANCES OF WIRES ABOVE GROUND CAD,FT_LE - EXHIBITS 7 ESTD,INSERV 0 109/15/97 RAAI JOINT USERS/OTHER USERS JNTPLEXfi/—OOIOOP,JTPL NO. DATE BY I CK APP SHEET I OF I JNTPLEX —7 1 .REV 0 MULTIPLEX CABLE MULTIPLEX CABLE OPEN WIRE LIMITED TO 150 LIMITED TO 300 LIMITED TO 600 VOLTAGE L?M?TS V. TO GROUND V, TO GROUND V. TO GROUND 2A0/480 I0, 240p LOCATION 120/240 10 120/240 4WD A80L OF SERVICE WIRE 120/208 Y 277/480 Y DRIP LOOP AT SERVICE ENTRANCE 10-0 15'-0 18'-0 (NEC 230-24(b)) (NEC 230-2A(b)) (NEC 230-24(6)1 AREAS ACCESSIBLE ONLY TO 12'-0 12'-0 15'-0 PEDESTRIANS I (NESC T232 -II (NESC T232-1) (NEC 230-24(6)) DRIVEWAYS, PUBLIC STREETS, 18'-0 18'-0 181-0 ALLEYS, ROADS, 6 PARKING AREAS (NEC 230-21(b)) (NEC 230-2A(b)) (NEC 230-24(b)) IN WICHITA OR WITHIN 3 MILES 22-0 22'-0 22'-0 OF THE CITY LIM?TS FOR CITY ORDINANCE 37818 CITY ORDINANCE 37818 CITY ORDINANCE 37818 PUBLIC SIRE"c 7S. ALLEYS, AND KGE FRANCHISE KGE FRANCHISE KGE FRANCHISE ROADS. AGREEMENT AGREEMENT AGREEMENT - WHERE BUILDING DOES NOT ALLOW CLEARANCE SEE NESC T-232-1 FOOTNOTE a. LINE CONSTRUCTION STANDARD 15-020.0 REV.O OR LATER 22' 18.5' 18' 18' 22' 22' 22 18.5' 12.5' 12.5 ROADS, STREETS, ALLEYS, (2) WICHITA CITY RESIDENTIAL DRIVEWAYS NONRESIDENTIAL DRIVE- STREETS.ALLEYS NOT SUBJECT TO TR UC'd WAYS,PARKI NG LOTS,AND TRAFFIC OTHER AREAS SUBJECT TO TRUCK TRAFFIC BASIC CLEARANCES OF WIRES ABOVE GROUND CAD,FT_LE - EXHIBITS 7 ESTD,INSERV 0 109/15/97 RAAI JOINT USERS/OTHER USERS JNTPLEXfi/—OOIOOP,JTPL NO. DATE BY I CK APP SHEET I OF I JNTPLEX —7 1 .REV 0 W EXHIBIT -13-3 JOINT USERS/OTHER USERS NATT_ONAL ELECTRICAL SAFETY CODE ft Table 232.1 Vervd Clcacana of Wire, Conducmre, and Cables Above Ground, Roadway, Rail or Ware, Surfaces (Voltages ate oh�a to ground ';or ef;cavcly gaundd circuits and those ache. _irculm wnec JI pound foul¢ arc clezrd by pmm.mby de<nctgi2ing the faultm section, on initially and following subsoqucne brcaker opeauons_ Sae me dcnnicione section for valragae of achcr sysmms. Sc Rule 232B 1, 1-32Clz, and Z:=Aj I CAD,FILE I I I EXHIBIT 8-8 ESTD,INSERV 0 1 09/15/97 RAA JOINT USERS/OTHER USERS JNTPLEX&8-00100P,JTPL N0. DATE BY CK IAPP I SHEET I OF I JNTPLEX 6-8 REV 0 I.Ld.ted Supply Trolley and elearifid communication obles aver railroad oanva conductors and 750 V conductors and cable; messengers; meeting associated span or surge -protection Rules messenger wire wires; grounded 230C2 or guys and 23003; Opensuonly ungrounded guys Noninsulared open supply conductors, crooned to 0 to rorrsmuniadon cooduaors, over 750 V }00 V 11. ISI conductors; 0 to 750 V; m 22 kV; neutral cnoductors suopLy cables ungrounded omrfounded meeting Rule of 0 to 750 V guys guys 230E3; supply meeting Rules ezp.s ai to esnnsed to 0 to Over 750 V Nature of surface cables meeting LWCZ or over 300 V 750 V to 750 V ce 22 kV underneath vire, Rule 230CI 7300 to 750 VIa = kVla to ground to ground conductors, or cable (1t) (ft) (ft) (ft) (ft) (ft) Wbere wires, cooduaors, or sbles cross over or -vee ng 1. Track rails of railroads (,-.cc dcui5.d railroads using o,oaad iVey conductors)- 1c. 23.5 24.0 24.5 26.5 22.0 22.0` 2. Roads, s¢eea, and other arras subject to uuck ¢aific 1t L5.5 16.0 16.5 18.5 1s.Cs 20.03 J. Drrvcwayz, Dorking lea, and alleys 15.52' a 16.07' a 16.37 18.5 18.03 20.03 4. Other land caverned by vchids, such az culu voted, gravng, fore4 orchards, ctn.'s 15.516.0 16S 133 - - 5. Space and ways subj=c topedcto,' corra¢ictd ,f"only 9.5 12.08 IZSa 14_5 16.0 18.0 6. Water areas not suimbla for seilboaung 0r when nil'ocadn¢�as ,acibitcd 140 14.5 15.0 7. Watar areas suitaole for scolboaung including l akct, aonds, rearvotrs, udeol mattts, rives, scrams. and canals with an unob msctcd surface S''11'1 area of, z Lees :hon 20 at. 17,5 18.0 18.5 203 - b, Over 20 m 200 acre 25.5 26.0 26.5 28,0 - c. Over 200 m 2000 acro 31 S 32.0 32.5- d. Over 2000 acs 37.5 38.0 38.5 50-5 - S. Public or omacc land and water areas mvea! For n gging or launeldng Clearance above sound shall be 5 ft greater than in 7 above, sailboats for the type of water arcs smd by the launching site Wncre wires, conducmrs. or tablas tun along and within the limits of i ighways or "a, road mgho-of-way but do not ovrhang the roadway 9. Roads, s¢m¢, or alleys 15.51 2 16.01 16S 18.5 18.01 20.0' 10. Roads in rural dis¢ic6 where it m unlikely that vehicles will be crossing 115t0 t, to io 14.0 Is.j 16.5 18.0 s o 5 0.0 under c,, line I CAD,FILE I I I EXHIBIT 8-8 ESTD,INSERV 0 1 09/15/97 RAA JOINT USERS/OTHER USERS JNTPLEX&8-00100P,JTPL N0. DATE BY CK IAPP I SHEET I OF I JNTPLEX 6-8 REV 0 a -., - n -- r JOINT USERS/OTHER USERS CABLE SUSPENSION CLAMP THREE -BOLT j 0 r NOTE: I. REFERENCE MC NO. 7561556, MFG. JOSLYN MFG. CO. NO. J1096. 9 jCAD,FILE EXHIBIT C ESTD,INSERV 0 09/15/97 RAA lV JOINT USERS/OTHER USERS JNTPLEX€J-00looP,JTPL N0. OATEI BY I CK APP SHEET I OF I JNTPLEX C, -I REV 0