AG 03-144 - PUGET SOUND ENERGYDAT..F/IN. I IDATEOUT:i I TO:, .
I ,
aTY WAY L^W D P^Rm .T
REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
ORIGINATING DEPT./DIV: ~ ~ ~ ? ~ ' '
,. , t.
ORIGINATING STAFF PERSON:
__ EXT: l./jr! 9~_.. 3. DATE REQ. BY:
TYPE OF DOCUMENT REQUESTED (CHECK ONE)
PROFESSIONAL SERVICE AGREEMENT
MAINTENANCE/LABOR AGREEMENT
PUBLIC WORKS CONTRACT
SMALL PUBLIC WORKS CONTRACT
(LESS THAN $200,000)
PURCHASE AGREEMENT)
(MATERIALS, SUPPLIES, EQUIPMENT)
U REAL ESTATE DOCUMENT
SECURITY DOCUMENT (E.~. AGREEMENT &
PERF/MAIN BOND: ASSIGNMENT OF FUNDS IN LIEU OF BOND
CONTRACTOR SELECTION DOCUMENT
(E.G., RFB, RFP, RFQ)
CONTRACT AMENDMENT AG#:
CDBG
OTHER 2-':[: . .. i. : '
PROJECT NAME: ! ~'/~. .,-i :'.. , ~':; ~ : ,, :'.,.:
NAME OF CONTRACTOR: i ~, .. - , , / ~. ~ , :
!
...... 'i TELEPHONE
ADDRESS: -'.. I :-" t ~ ? ~ . .',~-:,"i' '~. ,'i~ ,, [~ ¥'/r~t.:(, , ~
SIGNATU~ NAME: ; , ', .' ', TITLE
ATTACH ALL E~IBITS AND CHECK BOXES E SCOPE OF SERVICES ~ ALL EXHIBITS ~FERENCED IN DOCUMENT
~ INSU~NCE CERTIFICATE ~ DOCUMENT AUTHORIZING SIGNATURE
7),?oo3 O PL TIOND T :
TOTAL COMPENSATION $ (INCLUDE E~ENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY ~TES)
REIMB~SABLE EXPENSE: U YES ~ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
~s SAL[S T~X OWeD
YES [] NO IF YES, $
PAID BY: [~ CONTRACTOR i CIT
10.
11.
CONTRACT REVIEW I~--T INITIAL/DATE APPROVED
N' PROJECT MANAGER 2, [ i ' '; ,, '
~DIRECTOR q]'~ l ~:~ E '~.'g,,g4'G 7~(-.lrl <~
K MAN~NT
D'LAW I '~:~' '-/'; / ~_;'~ ~, I : ,/"~.~ :~:~ D~_.~. ~
CONT~CT gIONATU~ ROUT~G INITIAL/DATE APPROVED
~LAW DEPARTMENT q/q/~ ~/~/Oa j~
~s~N COPY~CKTOORO~aT~O D~PT. ~~~,~Zf.~
~i P~iNG: PL~ Ot
INITIAL/DATE APPROVED
INITIAL/DATE APPROVED
04/04,'02
ORI61NAL
POLE ATTACHMENT AGREEMENT
This A~eem~t, dated ~ of ,2003, is made ~ ~d be~een Puget Sold
En~, hc., a W~n~on co~orafion ~uget"), ~d the CiW of Fed~fl Way, a W~hn~on
m~cipfl ~oration ("F~eral Wa~').~
1. Puget h~eby ~ts to Federal Way ~ission, on ~e t~s ~d ~ndifions specifi~
in ~s A~ement, to install, maint~n ~d use F~erfl Wa~s int~al m~mcation cable on 13
of Puget's poles, ~ desi~at~ on Appendix A ~d made a p~ hereof. F~erfl Wa~s
~mcation ~nductor ~d related equipment (~e "~uipment") ~nsists of ~affic si~fl
int~ecfion cable locat~ along SW 312~ S~eet be~een 8~ ~d 14~ avenues.
2. ~e Te~ of ~s A~ement shill ~ence as of the date of ~s A~ent ~d shill
t~inate on ~e e~li~ of~e follo~g m o~:
(a) Upon ~y five-ye~ ~v~s~ of~e ~encment of~e T~, prohd~ ~at
ei~ p~ h~ ~ven ~e o~er ~en notice of te~ination at le~t sixW (60) days
prior to such ~vers~; or
~) Wfi~en notice of t~ination is ~ven by Puget to F~eral Way upon F~erfl Wa~s
faille to c~e ~y default ~der or breach of ~s A~ement by Federal Way
~ (30) days a~er Puget ~ves Federal Way ~en notice of such default or
breach.
3. Upon execution of ~is A~e~ent, Federal Way shall pay to Puget ~ application
processing fee in ~e mount of $100 per pole.
4. ~e pemssion g~ted h~ein is pemonal to Federal Way ~d shall not be ~si~ in
whole or in p~ wi~out prior ~en consent of Puget.
5. Federal Way shall install the Equipment ~d, threader, at all times maintain ~d
opiate such Equipment in a skillhl, lawhl, ~d proper m~er satisfacto~ to Puget. Federal
Wa~s ~stallafion ~d operation of the Equipment shall not in ~y way interfere ~ ~y power
line, telephone line or o~er facility a~ach~ to Puget's poles that predates installation of the
Equipment.
6. F~al Way shall bern all expenses in m~ection wi~ ~e inst~lation, operation, ~d
r~oval of the Equipment.
7. ~ ~e event of ~ ~ergency, Puget may relocate the Equipment ~d t~e such o~er
action affecting the Equipment ~ Puget deems appropriate in ~e circmst~ces. Federal Wa~s
emergency phone numbers ~e 253-661-4131 da~ime ~d 206-296-8100 at all o~er times.
8. Wi~in t~ (30) days of ~e te~ination of ~e Te~ of t~s A~eement, Federal Way
shall remove ~e Equipment ~om Puget's poles. At ~e expiration of such ~ (30) days all
fi~ts of Federal Way to use such poles shall te~inate. If Federal Way fails to remove ~e
Equipment ~om such poles wi~in such time, Puget shall have ~e right to do so at F~eral Wa~s
expense. Such removal, whether by Puget or F~eral Way, shall not release Federal Way ~om
~y obligation accruing prior to, or ~sing out of ~y incidence whch occurs prior to, such
removal.
ORIGINAL
Pole Attachment Agreement
Page 2
9. Any notice to Federal Way hereunder shall be deemed given three (3) days following
the date of its deposit ina United States post office enclosed in an envelope, postage prepaid, and
addressed to Federal Way.
10. Federal Way has obtained or hereby agrees to obtain from public authorities and
private owners of real property any and all permits, licenses or grants necessary for the lawful
exercise of the permission hereby given.
11. To the extent permitted by applicable law, Federal Way releases and shall defend,
indemnify and hold harmless Puget from any and all claims, losses, costs, liabilities, damages
and expenses (including, but not limited to, reasonable attorneys' fees) arising (whether before or
after the termination of the Term) out of or in connection with activities performed under this
Agreement, including, but not limited to, the attachment of the Equipment to the poles, the
operation of the Equipment during the Term, and the removal of such Equipment; provided,
however, that Federal Way shall not be required to so defend, indemnify, or hold harmless Puget
from any claim, loss, cost, liability, damage or expense to the extent the same is caused by or
results from the negligence of Puget or its agents, employees, or representatives.
Federal Way:
BY:'~""-//D(~avil H. ~oseley /
Its: City Manager
Date Signed: ..._~
Address:
Attn. Ken Miller, PE
Deputy Director Public Works
PO box 9718
Federal Way, WA 98063-9718
Puget:
Puget S~~~~.~~
By:
O'Connor
Its: Manager Communication§ Siting Services
Date Signed: ~///~~~
Address:
Atm. Joint Facilities Administrator
P.O. Box90868 GEN-02W
Bellevue, WA 98009-0868
Approved as to Form:
htr/cia A. Ridl~cis~nI voit~ Attomey
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