2009-36GOVERNMENTAL ATTACHMENT AGREEMENT
This Agreement entered into, between Florida Power Corporation d/b/a Progress
Energy Florida, Inc., a Florida corporation, herein referred to as "Licensor", and the City of
Clermont, herein referred to as "Licensee".
WITNESSETH:
That in consideration of the sum of one dollar ($1.00), receipt of which is hereby
acknowledged, Licensor hereby grants unto Licensee the right, privilege and license to install
and maintain attachments upon those poles of Licensor, and for those governmental purposes
as set forth on the Exhibit A -Attachment Request(s), attached hereto and made a part hereof;
where such attachment will not interfere with the safe and economic operation of Licensor's
facilities, or other facilities previously permitted to be attached to Licensox's poles; subject,
however, to the following terms, covenants and conditions.
1. Licensee warrants that:
a. all attachments hereunder shall be installed and at all times utilized and maintained
in accordance with the National Electrical Safety Code in its present form or as
subsequently revised, amended, or superseded, with applicable state laws and local
ordinances, and shall at all times comply with generally accepted safety practices of the
electric utility industry. It is further understood and agreed that Licensee shall be fully
responsible for the installation, utilization and maintenance of said attachments, and
that the installation, construction and maintenance of said attachments shall be at the
sole risk, cost and expense of Licensee.
b. all attachments hereunder shall be installed at the lowest height consistent with
Progress Energy/NESC requirements and provide a minimum clearance of forty (40)
inches below Licensor's neutral wire or secondary conductor. Conductors owned and
maintained by Licensee shall have a minimum clearance of at least fifteen (15) feet
above walkways and at least eighteen (18) feet above roadways. Governmental signs,
banners, holiday decorations and other non-cable type attachments shall have a
minimum clearance of eleven (11) feet above walkways and at least fifteen (15) feet
above roadways.
c. Licensee shall exercise and shall require that its contractors, subcontractors, agents
or representatives exercise proper precautions to avoid damage to facilities of Licensor
and others supported on the poles, and Licensee shall remain responsible for any and all
loss or damage caused by Licensee or its contractors, agents or representatives. As soon
as reasonably practical Licensee shall make a report to Licensor of the occurrence of any
damage and hereby agrees to reimburse Licensor for any reasonable expense incurred
in making repairs that are required due to damage caused by Licensee or its contractors,
agents or representatives. Licensee hereby assumes full responsibility for any and all
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damages to its own plant or facilities and damages to any appliances or equipment of
any subscriber to Licensee's service arising from accidental contact with Licensor's
energized conductors.
d. Licensee shall obtain for itself such easements or licenses as may be appropriate for
the placement and maintenance of its attachments to Licensor's poles located on public
or private property.
e. Licensee shall identify all facilities of Licensee installed on Licensor's poles by
tagging, marking, etc. in accordance with the latest requirements of Licensor.
2. Licensee covenants and agrees that nothing herein contained or contemplated is
intended to increase Licensoe's risk or liability for personal injury or death or for
property damage and it is hereby expressly understood and agreed that Licensor does
not assume any such additional risk; and Licensee, for itself and its successors and
assigns, agrees that it does hereby relieve Licensor of and absolve it from all such risk
and liability arising or growing out of the use of, or entry upon, or occupancy of
Licensor's poles and facilities as provided herein or breaches of the warranties contained
in this Agreement by Licensee, its licensees, agents, employees, or representatives. The
obligation of the Licensee to indemnify, defend and hold harmless the Licensor under
this Agreement for tort claims is limited to the same extent that the Licensee would
otherwise be obligated directly to third persons under existing law or to the extent
provided under Chapter 768.28, Florida Statutes, whichever is less. This shall not be
construed as waiving any defense or limitation which the Licensee may have against
any claim or cause of action by any persons not a party to this Agreement nor shall it be
construed as a waiver of the Licensee's sovereign immunity. This limitation shall not be
construed to limit Licensee's indemnification of Licensor for actions other than tort
claims. However, Licensee's liability to Licensor under this Agreement shall be limited
to the extent of coverage under the insurance requirements set forth in this Agreement.
3. If any member of the public, or of the Licensee and its Contractors is injured or killed, or
if any property including Licensor's or the public's is damaged in the course of work
being performed under the provisions of this Agreement, Licensee shall notify
Licensor's Claims Department at (727) 820-4373. Such notification shall be made as soon
as reasonably practical upon knowledge of such an event, either in person or by
telephone and promptly confirmed in writing within 24 hours and shall include all
available pertinent data including, but not limited to, name of injured party, location of
accident, description of accident, nature of injuries, names of witnesses, disposition
status of injured or deceased person(s).
4. During the term of this Agreement and for a period of two years subsequent to its
termination, Licensee shall maintain and shall require of its contractors, subcontractors,
agents or representatives who perform work under this Agreement for the benefit of
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Licensee to maintain the following minimum levels of insurance on forms and with
insurers acceptable to Licensor:
(1) Workers Compensation Insurance -Statutory limits.
(2) Employer's Liability Insurance - $1,000,000 each occurrence and $1,000,000
each employee as respects disease claims.
(3) Commercial General Liability Insurance, including blanket contractual
liability - $5,000,000 combined single limit per occurrence.
(4) Automobile Liability Insurance - $5,000,000 combined single limit per
accident.
Prior to the commencement of any attachment of facilities or any work hereunder
Licensee and its Contractors shall furnish Licensor with certificates of insurance
evidencing the required insurance coverage which shall include a provision that such
insurance shall not be canceled without thirty (30) days written notice to Licensor. The
contractual liability coverage shall insure the performance of all obligations assumed
hereunder, including specifically, but without limitation, the indemnity provisions in
this Agreement. All policies, except the workers compensation policy, shall name
Licensor as an additional insured. All policies of Licensor and its contractors,
subcontractors, agents or representatives shall include a waiver of subrogation in favor
of Licensor. The provision of insurance as provided herein, shall not be construed or act
as a waiver of any sovereign immunity that Licensee may enjoy as provided by law.
5. Beginning with the commencement date of this Agreement, the submittal of an Exhibit A
- Attachment Request form shall be the exclusive procedure to be used by Licensee in
obtaining permits to attach facilities to Licensor's poles. No attachment shall be made
by Licensee prior to receipt from Licensor of an approved permit. All Exhibit A forms
shall be submitted to:
Progress Energy Florida, Inc.
Joint Use, NP4D
3300 Exchange Place
Lake Mary, FL 32746
6. Licensor shall have the right, but not the obligation, to conduct apre-attachment field
inspection of all proposed attachment locations described in the permit application.
Licensor's inspections shall not excuse Licensee's non-compliance with, or inspection
obligation under, this Agreement. Licensee shall reimburse Licensor upon written
demand for all reasonable costs of such inspection. Failure by Licensor to assess or
collect such costs at the time of such inspection shall not constitute a waiver of
Licensor's right to assess or collect such costs.
7. In the event that any poles of Licensor to which Licensee desires to make attachments
are inadequate to support Licensee's facilities in accordance with the aforesaid
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specifications, Licensor shall so notify Licensee in writing including a detailed
description of the make ready work necessary to provide adequate facilities, together
with the estimated cost thereof, to Licensee, and any other specifications with which the
attachment must comply as a condition(s) of the permit approval. If Licensee still
desires to make the attachments and so advises Licensor in writing, thereby agreeing to
reimburse Licensor for the entire cost and expense thereof including, but not limited to,
the increased cost of larger poles, cost of removal less any salvage value and the
expense of transferring Licensoe's facilities, from the old to the new poles, etc., Licensor
shall replace such inadequate facilities. Upon completion, Licensor shall notify Licensee
granting authorization to attach. Where Licensee's desired attachments can be
accommodated on present poles of Licensor by rearranging Licensoe's facilities thereon,
Licensee shall pay Licensor for the entire cost and expense of completing such
rearrangement. Licensee shall also make arrangements with the Owners of other
facilities attached to the poles for any expense incurred by them in transferring or
rearranging the other facilities. Any additional support of poles, including, but not
limited to, guying required to accommodate the attachments of Licensee shall be
provided at the expense of Licensee.
8. Licensor shall have the right, but not the obligation, to conduct apost-attachment field
inspection of all proposed attachment locations described in the permit application.
Licensor's inspections shall not excuse Licensee's non-compliance with, or inspection
obligation under, this Agreement. Licensee shall reimburse Licensor upon written
demand for all reasonable costs of such inspection. Failure by Licensor to assess or
collect such costs at the time of such inspection shall not constitute a waiver of Licensor's
right to assess or collect such costs.
DANGER! NOTICE TO LICENSEE AND ITS CONTRACTORS
9. Electricity is a Natural Hazard: Licensee and its contractors are hereby advised that the
generation, transmission and/ or distribution of electrical energy involves the handling
of a natural force which, when uncontrolled, is inherently hazardous to life and
property. Licensee and its contractors are further hereby advised that, due to the nature
of the work of attaching its facilities to Licensor's poles hereunder, other hazardous or
dangerous conditions (not necessarily related to the inherent danger of electricity) may
also be involved in the work. Accordingly, prior to the commencement of the
attachment of any Licensee facilities to Licensor's poles, Licensee and its contractors
shall inspect the work area on or near Licensor's poles specifically to ascertain the actual
and potential existence and extent of any hazardous or dangerous conditions. It shall be
the sole and exclusive duty of the Licensee and its contractors to instruct its supervisors
and employees, with respect to any such conditions and the safety measures to be taken
in connection therewith; and during the course of the work, Licensee and its contractors
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shall take all such measures as may be deemed necessary or prudent to protect and
safeguard the person and property of their employees and of the general public against
all hazardous or dangerous conditions as the same may arise.
10. Precautions before Commencing Work: Licensee and its contractors shall, before climbing
poles or structures, exercise their best efforts to make certain that the poles or structures
are strong enough to safely sustain workmen's weight in the performance of the
required work on the poles or structures. Licensee and its contractors shall have the
affirmative duty to identify and comply with pole marking or badging procedures
undertaken by Licensor (or its contractors) in the ordinary course of business, which
procedures may indicate a hazardous pole condition prohibiting any work on such
poles. All work designated in any Application and Permit under this Agreement to be
performed near energized electrical conductors shall be performed under the conditions
and at the place as stated, but only with the specific understanding that if Licensee and
its contractors in their sole discretion regard the location where such work is to be
performed, or where such work is being performed, as an unsafe place to work,
Licensee and its contractors shall immediately cease and desist from performing all
work in such hazardous area. Licensee shall then request, in writing, that Licensor
make such change or changes as may be necessary or desirable to render the place of
performance at the job site a safe place to work for Licensee and its contractors before
Licensee and its contractors are permitted to proceed with any work.
11. Bonding to Electric Company Ground:
a. Definitions: For this section 11, the following terms when used herein shall have the
following meaning:
"Vertical ground wire" shall mean a wire conductor of Licensor attached vertically to
the pole and extended from Licensoe's multi-grounded neutral (defined below)
through Licensee's space to the base of the pole where it may be either butt wrapped
on the pole or attached to a grounded electrode.
"Multi-grounded neutral" shall mean Licensor's conductor located in Licensor's
space which is bonded to all Licensor's vertical ground wires.
"Bonding Wire" shall mean a number 6 AWG copper wire conductor connecting
equipment of Licensee and Licensor to the vertical ground wire.
b. Installation of Bondin Wire: At the time Licensee support wire and communication
cable are installed, Licensee shall install a bonding wire on every pole where a
vertical ground wire exists, in accordance with NESC. Any piece of Licensee
equipment attached to Licensor's pole which does not have a vertical ground wire
shall be bonded to Licensee cable support wire and properly grounded.
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c. Absolute Grounding_Re,~uirement: Under no condition may Licensor's vertical
ground wire be broken, cut, disconnected, severed, removed, unbonded or
damaged. If Licensor's vertical ground wire is broken, cut, disconnected, severed,
removed, unbonded or damaged, no work shall be allowed on Licensor's poles until
Licensor is notified, in writing, and the condition is corrected. Licensee and its
contractors shall assure that Licensee's facilities constantly remain properly
grounded, either to Licensor's vertical ground wire or through the use of jumper
cables or temporary grounds until such permanent ground is affixed.
d. Additional Bonding Precautions: Licensor reserves the right, but is not obligated to,
install, at Licensee's expense, a bonding wire to any piece of Licensee equipment
where, in the opinion of Licensor, a safety hazard exists or may exist in the future.
e. Licensee's Duty to Warn: It shall be the responsibility of Licensee and its contractors
to warn and instruct its personnel working on Licensor's poles of the requirement of
bonding its wires to Licensor's vertical ground wire and the dangers associated with
ungrounded and unbonded facilities and to furnish adequate protective equipment
to protect its personnel from bodily harm during work on its communications
facilities. Licensor assumes no responsibility for warning, instructing, for furnishing
equipment to, or for the training or job qualifications of Licensee and its contractors
or their personnel, including supervisors or employees working on Licensor's poles.
12. It is understood and agreed that either party hereto may, at any time and whether with
or without cause, cancel and terminate this Agreement, either in whole or in respect to
any particular attachment hereunder, by mailing to the other a written notice thirty (30)
days in advance of its intent to do so. Upon such termination Licensee shall within
thirty (30) days complete the removal of its facilities from the property of Licensor and
for failure to do so, Licensor may, at Licensee's sole expense, immediately remove said
facilities of Licensee without any liability for severance, loss, or damages to Licensee or
any person or persons whatsoever; and thereafter, both parties shall be relieved of and
from all obligations hereunder, in respect to those facilities and attachments so
terminated and removed, except such as may have accrued prior to such termination.
13. Neither this Agreement nor any part or rights thereunder, shall be assigned by Licensee
without the written consent of Licensor having first been obtained.
14. This Agreement, upon its approval and execution by the parties hereto, shall supersede
the previous attachment agreement between the parties hereto of the 23 day of
January, 1968. All attachments of Licensee previously approved by Licensor shall be
incorporated into this Agreement, subject to the requirements specified herein. It is
agreed that all existing attachment agreements, written or oral, between the parties
hereto for the purposes set forth herein are, by mutual consent, hereby canceled and
terminated.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their
respective representative thereunto duly authorized.
CITYcOF CLERMONT
/~
Witness
Witness ,
arold S. Turville, Jr.
Dated this ~T`~of ~G7~~S-P~ , 20
~ _
Wit~nes^s C/~
Witness ~
FLORIDA POWER CORPORATION d/b/a
PROGRESS ENERGY FLORIDA, INC.
By
Dated this ~ ~~ of ~CS~ n~~~1 , 20 ~.
LEGAL DEPT,
APPROVED
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Psi En~er
Exhibit A
Permit No.
Reference No.
ATTACHMENT RE VEST ( )New
Q ( ) Overlash 3rd Party
( ) Overlash Self
( )Rebuild
( )Service Drop
Company Name:
Operating Center/Div (Area of Attachments):
In accordance with the terms and conditions of the existing Attachment Agreement, application is made for a permit to attach facilities to Progress Energy's poles as indicated below and on
rnncfn ~rtinn drawinnlsl affarhwd Annliranf ronrocanfe A hae earv iron all noraecarv ronn8e i indar ke lronrhicn arvV nammanfe nr lirnnene ir.........~..e.c ..v ..A..~m n...ne.h.
Progress Pole Location Existing Attachment Hei ht Information
Energy or Power Facilities CATV Phone NEW
Pole
No. Arbitrary
Pole Number Neut/
Cable Xfiner St.
Li ht Risr/
SrvDp Co.
A Co.
B Main
Line Serv
Drop Attmt
Ht
Cable to be installed: ()Coaxial ( )Fiber Optic Cable Size: Messenger size:
*Existing Cable ( )Coaxial ( )Fiber Optic Cable Size: Messenger size:
Attachments requested: Distribution Poles; Transmission Poles
Submitted by: Date: Progress Energy Dept. Approval: Date:
Name: Trans. Eng.:
Address: Dist. Eng.: _
joint Use:
Phone
* Required when permitting additional circuits or overlashing new cable to existing cable.
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Prue ~an~1~
Permit No
Exhibit A
ATTACHMENT REQUEST
LICENSEE:
Operating Area of Attachments:
In accordance with the terms and conditions of the existing Attachment Agreement, application is hereby made for a permit to
attach governmental signs, banners, holiday decorations or other non-cable type facilities to Progress Energy's poles as
indicated on the attached descri tion forms and construction drawin s .
Pole No. Location of Pole Pur ose and Descri tion of Facilities
New attachments requested: Distribution Poles; Transmission Poles
Submitted by: Date: Progress Energy Dept. Approval: Date:
Name:
Address:
Phone No.:
Trans. Eng.:
Dist. Eng.:
Joint Use:
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