Loading...
HomeMy WebLinkAboutNew York TelephoneJuN NewYorkTelephone A NYNE~ Company 501 North Ocean Avenue Patchogue. New York 11772 Dear Sir: Attached you will find the new Attachment Accommodation Unit Cost Schedule, to be effective July 1, 1987. This schedule has been filed with the New York State Public Service Commission and replaces the schedule that has been in effect since December, 1985. The schedules reflects current costs for Make Ready Work performed by New York Telephone Engineering and Construction forces to accommodate your facilities. If.y~o~-should have any questions please call me on~i~...LF.~i~ Truly, Authorized Licensees Coordinator Attachment NEW YORK TELEPHONE ATTACHMENT ACCOMMODATION UNIT COST SCHEDULE EXCLUDING NEW YDRK CITY EFFECTrViE 07/'01/87 CONTENTS ENGINEERING ACTIVITY ~reconstruction Survey Post Construction Inspection Subsequent Inspections Periodic Inspection Right-of-Way Information CONSTRUCTION ACTIVITY Construction Costs-New Removal Costs Maintenance Costs OTHER ACTIVITIES Other Costs Depreciation Definitions Page Item 1 A 1 B 1 C 1 D 1 E 2 A 2 B 2 C 3 1-2 3 3 3 4-5-6-7 NEW YORK TELEPHONE UNIT COST SCHEDULE ENGINEERING CHARGES EXCLUDING NEW YORK CITY Page i of 3 COST A - Preconstructior Survey 1 - Performed by TELCO 2 - Performed by Licensee 3 - TELCO verification of survey performed by Licensee B - Post-Construction Inspection C - Subsequent Insoections D - Periodic Inspections E - Provide ROW Information per Requested Location $ 7.50 per pole 3.25 per pole 4.25 per pole 6.25 per pole 4.70 Der pole 6.25 per pole 39.45 Der location Effective 07/01/87 NEW YORK TELEPHONE UNIT COST SCHEDULE CONSTRUCTION CHARGES EXCLUDING NEW YORK CITY (INCLUDES LABOR & MATERIAL) STEM A - PLACE NEW POLE (See Note 3) 35' and Under 40' and Over PLACE EXTENSION ARM PLACE NEW ANCHOR PLACE AUX ANCHOR EYE PLACE NEW GUY B - REMOVE EXISTING POLE (See Note 4) 35' and Under 40' and Over REMOVE LICENSEE ATTACHMENTS C - CHANGES TO EXISTING PLANT Pole Moved Extension Arm Moved Guy Moved-Anchor not Repl'd Anchor Replaced Aerial Wire Moved or Transferred Aerial Cable Moved Large Pole Mtd. Unit Moved (See Note 5) Small Pole Mtd. Unit Moved (See Note 5) Take out Slack Cable, (Balloon Spl) Place Bond Pole Stepping Drop Wire Moved Relocate Buried Cable Page 2 of 3 PER COST Pole $ 300.00 Pole 517.00 Arm 101.00 Anchor 145.00 Eye 29.00 Guy 60.00 Pole 58.00 Pole I16.00 Pole 41.00 Pole 242.00 Arm 41.00 Guy '42.00 Anchor 250.00 Wire 62.00 Cable 241.00 Unit 609.00 Unit 204.00 Splice 1141.00 Bond 46.00 Pole 60.00 Wire 25.00 Foot 4.00 Effective 07/01/87 Page 3 of 3 NOTES PERTAINING TO UNIT COSTS Exceptional Costs, those not generally encountered during normal construction, such as travel, room and board, escort service, etc., ~hall be billed separately. Items not listed on p~ge 2, dr any conditions where specialized eng~ee~i~ng o.r construction work ope~ationsmustLbe employed~ may be'billed on a' Custom Work Order basis. A premium of 35% shall ~e~added to %he total char~s as a profit on th~ investment of he lab6f hours and materia~ used. Credit for depreciatio~ ~hall be given when poles are replaced. The followin~ are considered Large Pole Mounted Units: a. Cross Connecting Box - Greater than 50 Pair b. Terminal - Greater than 50 Pair c. Control or Access Closure - Greater than 50 Pair Loadin~ Coil Case e. Air Dryer f. Compressor Dehydrator g. Carrier Apparatus Cases h. Building-Out Capacitor Case 5. The following are considered Small Pole Mounted Units: a~ Control or Access Closure - 50 Pair or Less b. Terminal - 50 Pair or Less c. Protection Devices 6. Normal Preconstruction Surveys consist of the followin§ elements: a. A written application from the Licensee which designates the specific route to be followed and identifies 5y number the pole(s) where attachment accommodation is requested. b. Pole license applications sized in blocks of 300 poles or less. c. A written ~etermination on the priority of the authorizations for attachment. Preconstruction Survey activities which require N.Y. Tel visits to the field to select specific routes and}or structures to ~e used in building the system, will be billed on a Custom Work Order basis. Effective 07/01/87 NewYorkTelephone A N'~ilE~ Company 501NorthOceanAvenue ~m ].05 Patchogue New York 11772 February 9, 1987 Town of Southold Southold Town Hal-1 53095 M~in Rd~ Southold, New York 11971 RE: Pole Attachment Agreement Dear 8ir: Enclosed for your information is the Unit Cost Schedule currently in effect as referenced in Article IV, and elsewhere in the Pole Attachment Agreement. Should you have any questions, please call me on 447-8585. Very truly yours, J. P. Cahill Assistant Manager A. L. C. JPC:wb Certifi'ed Mail Return Receipt Reouested NEW YORK TELEPHONE UNIT COST SCHEDULE ENGINEERING CNARGES EXCLUDING NEW YORK CITY Page 1 of 3 A - Preconstruction Survey I - Performed by TELCO 2 - Performed by Licensee 3 - TELCO verification of survey performed by Licensee B - Post-Construction Inspection C - Subsequent Inspections D - Periodic Inspections E - Provide ROW Information Der Requested Location COST $ 7.00 per pole 3.00 per pole 4.00 per pole 5.75 per oole 4.30 Der Dnle 5.75 per Dole 36.30 per location Effective i2/01/85 NEW YORK TELEPHONE UNIT COST SCHEDULE CONSTRUCTION CHARGES EXCLUDING NEW YORK CITY (INCLUDES LABOR & MATERIAL) ITEM A - PLACE NEW POLE (See Note 3) 35' and Unaer 40' and Over PLACE EXTENSION ARM PLACE NEW ANCHOR PLACE AUX ANCHOR EYE PLACE NEW GUY B - REMOVE EXISTING POLE (See Note 4) 35' and Under 40' and Over REMOVE LICENSEE ATTACHMENTS C - CHANGES TO EXISTING PLANT Pole Moved Extension Arm Moved Guy Moved-Anchor not Repl'd Anchor Replaced Aerial Wire Moved or Transferred Aerial Cable Moved Large Pole Mtd. Unit Moved (See Note 5) Small Pole Mtd, Unit Moved (See Note S) Take out Slack Cable, (Balloon Spl) Place Bond Pole Stepping Drop Wire Moved Relocate Buried Cable Effective 12/01/85 Page 2 of 3 PER COST Pole $ 303.00 Pole 504.00 Arm 96.00 Anchor 147.00 Eye 25.00 Guy 56.00 Pole 54.00 Pole 109.00 Pole 41.00 Pole 223.00 Arm 38.00 Guy 39.00 Anchor 242.00 Wire 51.00 Cable 236.00 unit 598.o0 unit 200.00 Splice i120.00 Bond 42.00 Pole 57.00 Wire 25.00 Foot 4.00 NEW YORK TELEPHONE ATTACHMENT ACCOMMODATION UNIT COST SCHEDULE EXCLUDING NEW YORK CITY EFFECTIVE 12/01/85 CONTENTS ENGINEERING ACTIVITY Preconstruction Survey Post Construction Inspection Subsequent Inspections Periodic Inspection Right-of-Way Information CONSTRUCTION ACTIVITY C~nstruction Costs-New Removal Costs Maintenance Costs OTHER ACTIVITIES Other Costs Deore~iation Definitions Pa~e 1 1 1 1 I tern A B C D E A B C 1-2 3 4-5-6-7 February 9, 1987 town of Southold ~outh~d.Town Hall ~309~M~i n ~d.~ ~ut~l[~d~, New York 11971 Dea~ Sir: NewYorkTelephone A llt'tl~.[ ComDany. 501 NodhOceanAve~lue Rm 105 Patc hogue, New York 1177~ A typographical error has been found in the Municipal Pole Attachment ~§reement %hat you have recently executed with ~ew York Telephone. The =error appears on Page t9, under Item 3. Charges for Inspection Part b. r~ading as follows: The cost of periodic inspection will be billed to the Licensor upon completion of the inspection by the Licensor. The attached Page 19, to be substituted into your copy of the Agreement, corrects this to read: The cost of oeriodic inspection will be billed to the Licensee upon completion of the inspection by the Licensor. Please acknowledge notification of this correction by signing and dating in the space provided and return this letter in the enclosed envelope. Thank you for your cocperation. / ~at{~ O. P. Cahil] Assistant Hanager, Authorized Licensee Coordinator set forth below. Licensee shall be responsible for payment of all charges-for preconstruction survey and make-ready work, upon completion of work performed or expenses incurred, by the Li~censor'regardtess of ~w§ethe~ Licehsee subseq~eQtly wi'thd~aws ~ts application~for a~ta~hment ~!~utho~i z~ti'ons ~or~ the:,poles ~nd ~ anchor~ ~on Whi ch' such w0~k was per~ iformed: :~ '~ an amount due im reof ~t~the,-rate of I piration of uch, peF~od U~t currentl~y ~lec w.tn. the Publ{c Co~ in a schedule :E). Cha~O~ ,~'~e:R~adv: Work ~UN~ ~COS~S 4ake-ready charges shall be billed, uson~cOmpletion of al po.l~s, according to the current S~hed~le,of uni:t When LicensOr employs fees plus a shall make understandings and by such ~ 3. ' ~ha~{~Or ' ~ ~',;a~ ~Tib~co~t-ef ~he ,POsit-Construction' Inspection shall be b~lled ~po~¢om~t~e~ of t~,~ Inspection by the L~censo~. b. T~e cost of ,P~rigdic Inspection w~ll be billed to the Lice~ee upon C~etion: c. shal~ inspections.to ins ~ construction and ma i ntenance practices, ~x t- constructi on or periodic inspectiqnS. 4. Pa~rmen~of Rates and Charges Un~ess:'0therwise provided elsewhere in this ,Agreement, Licensee shall pay all rates and charges, as specified in the Agreement and/or in a schedule currently filed with the Public Service Co~ission, within thirty (30) days from the dates of billing thereof. ARTICLE IX EQUAL EMPLOYMENT OPPORTUNITIES Licensee affirms that the Equal Employment Opportunity provis- ions required by law. regulation or executive order to be incorporated in this Agreement as set forth in a Compliance Undertaking prepared by Licensor have been read and signed by Licensee, and that the said Com- pliance Undertaking has been delivered to Licensor. Such Compliance Undertaking shall continue in effect-until specifically withdrawn in writing by Licensee {Exhibit F}. ARTICLE X LICENSE NOT'..EXCLUSIVE ~N~tbing herein conta~Qed shall be construed as a grant of any exct'usive~!q~icense~ r,ight ~r pr.iv~,]ege~to l~icensee, Licensor shall here ~,he' r.,i'~,~ ~.~.to~ grant, renew' an~J parti~, fa ~this Ag~ment; b~ 6o~ract ~ o~he~w~se.,~ to'use a~~ pole~ AR~I CL, E' ~I ~/~IVER OF TE:RMS AND CONDITIONS Failure to,enforce or ~:ns~ s~ upo~ ;co~[~ace,~w~th eny of the te~s or conditions 6~f' ~hi,s; Agre~h~t~r ,;~ ~Q~"'g~'ve notice or decl, a~ ~his Agreeme6t or'~e licenses g ~ed b~u~d~-t~minated shall not constitute a'~a~:~r or;,g~t~,nq~; ~en~o~An~ ~uch'~term, con- d~t~on o'r act ~ut the sam~ s~all b'e' an~ ] ~.~n '~t'~a]l t~mes ~n full force ~nd effect. '' ~ ~'~ ~' ~ ..... ~.~'" ARTICLE XtI ' ~ERMS. O~ AGRE~ENT If not terminated in accordance With its terms, %his Agreement shall continue in effect for a term of one. (1) year from the date ~e~eof and thereafter, until three (3) mOnt~s a~er written notice of termina- tion is giveg ~by either party.~ Suc~ not,ge 'of teemination may be given to take effect at the end of the o~glnal...one (1)·.year Per~d' o~ at any time thereafter. IN: ~ITNESS' WHEREOF, the parties hereto have executed this Agreement in duplicate On ~he day and year first above written. WITNESS (ATTE~T) New York Telephone Company WITNESS (ATTEST) By_ JANUARY, 1985 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICbE A~TICLE ARTICLE ARTICLE ARTICLE ARTICLE I II III IV V VI VII VIII IX X XI XII EXHIBIT EXHIBIT EXHIBIT FXHIBIT FXHIBIT EXHIBIT POLEATTACWMENT AGREEMENT TABLE OF CONTENTS MUNICIPAL SCOPE OF AGREEMENT DEFINITIONS GENERAL CONDITIONS PROCEDURES 1. Application for Authorization 2. Multiple Attachment Applications 3. Specifications 4. Pre-Construction Surveys and ~ke-Ready Work 5. Inspections of Licensee's Facilities 6. Unauthorized Attachments OTHER OBLIGATIONS OF LICENSEES 1. Insurance 2. Surety ReQuirements LIABILITY AND DAMAGES TERMINATIONS OF AUTHORIZATIONS RATES AND CHARGES EOUAL EMPLOYMENT OPPORTUNITIES LICENSE NOT EXCLUSIVE WAIVER OF TERMS AND CONDITIONS TERM OF AGREEMENT A B C D E APPLICATION AND POLE LICENSE NOTIFICATION OF REMOVAL OF POLE AND/OR ANCHOR ATTACHMENT APPLICATION AND ANCHOR LICENSE ANCHOR ATTACHMENT PROCEDURE SCHEDULE OF RATES EEO COMPLIANCE UNDERTAKING Page 1 1 4 6 6 6 9 9 12 13 14 14 15 16 17 18 19 2O 2O 2O POLE A~AcH~NT ~. ~:-THIS AGREEMENT, made as of the~day, of, November ;;86..::' "i'! i~.' '/:t ' I ' ' , ill : ! f, ' ~ i . .i. (hereinaffter called "Li. censor"), and Toen Ef Southol-d , organized and' existing under the laws'0f~he;St&~e-O~ ~e~ ¥o~k , ha~ng ~ts principal (~er~ih'a~fte~ ~'alled Li~censee ). w I T N E S S E T H: WHEREAS, Licensee for its own use desires to place and maintain cables, equipment.and faci.lities on poles of Licensor; and WHEREAS, Licensor is willing to oermit, to the extent it may 'lawfully do so, the olacement of said cables,, eeuipment, and facilities on its Doles. NO~, THEREFORE, in consideration of the mutual, covenants, terms and conditions herein contained, the parties do'hereby mutually covenant andagree as follows: ARTICLE SCOPE OF AGREEMENT Sub.iect to the provisions of this Agreement, the Licensor will issue to Licensee for any lawful ourpose revocable, nonexclusive licen- ses authorizing the attachment of Licensee's equipment and facili.ties to Licensor's Doles in the]~)~C~XX/~].XC~6XX~YrXTown of Southold, exclud~n9 the County of Suffolk Village of Greenport, & F4shers Island. ARTICLE II DEFINITIONS 1. Anchor A facility consisting of an assembly of a rod secured to a fixed object or olate designed to. resist the pull of a guy strand or strands. 2. Anchor Attachment A guy strand attached to an anchor solely owned or jointly owned by Licensor or for which Licensor is responsible for auth- orizing attachments. 2 3. Appurtenance Attachment Any article of equipment attached to a point om a pole not normally occupied by a strand attachment (e.g. street lights, equip- ment cabinets, etc.1. 4. Licensor The owner or custodian of a pole and the only~partv permitted to issue licenses to that Dote and its associated anchor(s/. 5. Licensee The person, corporation or other legal entity authorized by the Licensor under this Agreement to attach its facilities to utility poles and anchors and the party responsible for compliance with Licensor's reg- ulations regardinq such accommodations. 6. Licensee's Facilities The cables and all associated equipment and hardware installed for the sole use of the Licensee. 7. Guy Strand A metal cable (facility) which is attached to a pole and anchor (or another pole) for the purpose of reducing Dole stress. 8. Joint Owner A gerson, corporation or other legal entity having an ownership interest in a pole and/or anchor with the Licensor. 9. Joint User A party who owns poles or anchors to which the Licensor is extended or may hereafter be extended joint use privileges, or to which the Licensor has extended or may hereafter extend joint use privi- leges of the Licensor's poles or anchors. The term "Joint User" shall not include Licensees. 10. Make-Ready Work (Initial) Alt work, including but not limited to rearrangement and/ or transfer of existing facilities, replacement of a pole or any other changes reouired to accommodate the attachment of Licensee's facilities to a pole or any other changes required to accommodate the attachment of Licensee's facilities to a pole or anchor. Similar work required after initial attachment to a Dole solely because of the existence of the Licensee's.attachments shall be referred to as "additional make-ready." 11. Other Licensees ~.- ~.~ ~ An~.person,, car oration, or other legal entit other than 'the L~censeelhere~n,, t~ whom thc,Licensor h~s: or he~{ter~ shall extend an aulthorizatio~ {J attach facil'itie~.to a oo,le or a~chor. 12. Penalties Additional charges applied to items of non-compliance with the ter~s an~ conditions of the Agreement. 13. P~r,iodic Inspection Inspections conducted at scheduled intervals on portions of Licensee's fac$1ities, to determine that attachments are authorized and that attachments are maintained in conformance with the required standards. 14. Pole Attachment~ Any of Licensee's facilities in direct contact with or otherwise supported by a util'ity pole. 15. Post-Construction Inspection The work operations and functions performed to measure and/or visually observe Licensee's attachments, during or shortlv after comoletion of the constructionof such facilities, to determine that all attachments have been authorized and construction conforms to the standards required by this AQreement. I6. Preconstruction Survey The work operations and functions performed in order to process an application for pole and anchor attachments to the point just Drior to performing any necessary make-ready work. There are two ele- ments of the Preconst~uction Survey: 1) field inspection of the exis- ting facilities, and 2} administrative eCfort reouired to orocess the application and prepare the make-ready work order. 17. Subsequent. Inspections Inspecti'ons p~rformed to confirm the correction of non- conformance to specification that are observed during Post Construction I~spections. 18. Suspension Strand (messenger cable) A metal cable attached to a pole and used to support facilities. 19. Unit Cost A dollar amount subject to periodic revision, applicable to specified WOrK operations and functions, including materials and labor costs. -4e 20. Utilit¥ Pole A pole solely owned or jointly owned by the Licensor and used to support its facilities the facilities a joint user an~/or Authorized Licensee. Attachment Rate A soecified amount revised periodically, billed semi- annually to the licensee, and payable in advance to the Licensor for each attachment. ARTICLE III GENERAL CONDITIONS Compliance with Applicable Laws The Licensee and the Licensor shall at all times observe and comply with, and the provisions of this Agreement are subject to, all laws, ordinances, and regulations which in any manner affect the rights and obligations of the parties. 2. Rights in Utility Poles and Anchors No use, however extended, of a utility Dole or anchor or payment of any fee or charge required hereunder shall create or vest in the Licensee any ownership or property right in such a pole or anchor. Requirement to Construct and Maintain a Utility Pole and Anchor Nothing contained herein shall be construed to compel the Licensor to construct, reconstruct, retain, extend, repair, place, re- place or maintain any utility pole or anchor or other facility not needed for the Licensor's own service reauirements, except as Qrovided in Article IV (3. b. (2)) and Article IV (5. d.) 4. Other Agreements Nothing contained herein shall be construed as a ~imita- tion, restriction, or prohibition against the Licensor with respect to any agreement(s) and arrangement(s} which the Licensor has entered into, or may in the future enter into, with others not covered by this Agree- ment, except that authorizations for attachments existing at the time of such future agreements or arrangements shall not be diminished. The rights of Licensee shall at all times be subject to such existing and future agreement(s) or arrangement(s). The Licensor, in negotiating and entering into any such agreement(s) and arrangement(s), shall give due and reasonable regard to the Licensee's potential future interest in Licensee accommodation to a utility pole and anchor to be covered by such future agreement(s) and arrangement(s). 5. Assignment of Rights Licensee shall ~ot assign, sub-~icense, ~ublet or transfer any authorization granted herein, ~nd such~authorization shal~ not inure to the~6~nefit~of~Licensee's~uccessors or assigns wi.~hout the pr~or~tten ~¢oh~se~t.o~ ~he L~eensor. I6.theevent ~uch consents.are gr~nt~by th~'~ice~o~, the PFoViSi.~o~s of qh. is Ag~ee~ent shallapply 'to an b~nd'~he!L4c~nse~s.s~c6ssor~ an~a~sighs'. ~ ~ Permi,~s an~ Consents a. b6 res private and/or license, operate and/o~ at the loca&io~ attaches · vate p~operty. The ~ from or pti- o~ ~an~y d fi~tes rate documents g~uch~ ~nfo~a;'ion ano re[)roducino ~ee. b. Wb~e Cicensor has an easement over a public or private right o~way s~iciently broad under NeW York state la~ to permit Licenlsee a~tach~t~ Licensee shall not be re~u~r~d ~o ~b~ain independent permissio~ ~f ~he property owner to a~tadh. In an~ case whe6~the Licensor ~ee~ t~ obtaih any necessary per~iSsion from a property own,er ,for L~ep~e~ s attachments, the full'~,~allocab)e, co~ts of such efforts'Sba]) ~e,~p~i~d)by the Licensee along wi~, ~ake?~ead~ dosts, if a~y. the part~es cha) Agreemen~ ~ ' supersedes all previous agreements between ~n~e and placement of aerial 6ab!es, leQ~.~pment icensee and constitutes the 6ntife agreement ~y not be modified or amen~ed~nor mac, any be changed or discharged !6xcept'in~riting d o~ficer or agent Of the ~y to be eli enses, if any, issued pursuant to pre- n. in effect as ~f issued'p~r§ua6~ ~io this ~ 8. ~ny. nqti~e to be given to the Licens~r u~der this Agree- ment shall be sent b~ ~erti.fied mail to: Ne~ York Telephone Co. 5p~ North Ocean Avenue, Room 105 Patch~gue, New York 11772 · A~tn~ Engineer,- 3rd~Party Attachments Any no,t(ce to be gi'vep, to the Licensee under this Agreement shall be sen~ b~ certified, ma~l to: Tpwn of Southold ~ 1~ South Street Greenport, New York 11944 -6- Any such notice shall be effective immediately upon being deposited in the United States mailo 9. If the oresence of the Licensee on Licensor's poles causes Licensor to pay any new or additional tax which Licensor would not otherwise pay, Licensee shall reimburse Licensor to the full extent of such new or additional tax, as additional rent, within thirty (30) days of receiving a bill therefor from Licensor. 10. This Agreement shall be governed by, and interpreted according to, the laws of the State of New York. ARTICLE IV PROCEDURES 1. Application for Authorization a. Prior to the Licensee attaching equipment and/or facilities to anv utility pole or anchor, Licensee shall make written application for amd have received an authorization therefor. {Exhibit~ A and/or C.~ b. Licensee shall file applications for pole attachment authorizations which designate a desired priority of authorizations in blocks of 300 poles or tess. c. The Licensor will accept applications on a first come first served basis and shall attempt to satisfy the designated priority of comoletions. With resoect to applications received six (6) months in advance of the desired date of issuance of attachment authori- zations, the Licensor shall, unless prevented from so doing by circum- stances beyond its control, be obligated to perform the required precon- struction survey and/or make-ready work to permit the issuance by the Licensor and/or a joint user of a total of 1,500 pole attachment author- izations Der month in each of the Licensor's plant construction oper- ating areas. If mor'e than 1,500 poles are included in all such applica- tions received for any one month in each construction operating area, at least one block of 300 poles or tess per applicant will be processed, selected in the sequence in which the applications were received, until the 1,500 oole limit has been reached. If one block of 300 ooles or less for each applicant is processed and the 1500 pole limit has not been exceeded, the remaining applications shall be orocessed on a first come first served basis. 2. Multiple Attachment Applications The provisions of this Article IV 2 apply in the case of applications received by the Licensor from two or more Licensees for attachment authorizations on the same Dole, prior to the completion of the preconstruction survey and the commencement of any make-ready work required to accommodate any Licensee. a. Applications received, from mutti01e applicants for the sa~e~-pol~will be classi.f~ied as f~qlows: (!1 non-~.imul%aneeus~- received'by the Licensor on different ~usinesS'd~y~s~ ~2) simul~taneous - received b~ the Licensor~on the same business das. b. Where applications are non-simultaneous, the initial appqicant will be o~red the folq~wi~ng options af~ewt~e aeplic~tq~ i~ recei?ed from the.addi~a~ap~licant(s): O~t~en I - ~he appIication of the initial applicant will 6e process,ed as i~f there is no'~other attachment app!icatioh'on file for the same ut}lity pole or ~nchor. Option 2 - the applications of.t~e initial and additional applicant(~) w~ll be processed as if they were simultaneous applications. (1) The initial applicant wit~ be,~equired to indicate the option desired no later than fifteen (1~) d~s after the Licensor has ~uoted themake-ready Charges that?ili~appl~ under each ootioh, otherwise the Licensor will deem the initial applicant to have selected Option 1. Selection of an option prior to the quotation of the aforementioned make-ready charges is permissible. (2) Option 2 will be subject to acceptance by all of the multiple applicants involved. The additiona~ applicant(s) will have fifteen (15) days from the date of receipt of written notification from the Licensor that the initial ~pplicant has selected'OptiOn 2, to accept or rejec% the conditions applicable under Option 2, otherwise, the Licensor will deem the additional applicant(s~.t6 have rejected such conditions. (3) All work in progress on the initial appli~ cant's application i.n~olving mul.tiple applications will be suspended by the Licensor from the time that the initial applicant is offered Options 1 and 2 until it notifies the Licensor of the option it elects in accor- dance with (1) preceding. c. Where multiple applicants are simultaneous or the initial applicant in the case of non-simultaneous applications has se- lected Option 2, the multiple applicants must develop a mutually agree- able order of facility availability and overall make-ready work comple- tion schedule~ Where multiple applicants ca,not reach mutual agreement regarding order of facility availability ~nd an overall make-rea~dy work completion schedule within fifteen days (15) of written notification ~rom the Licensor of the charges for the 'required make-reaey work, the Licensor will offers.as an alternative to comolete the total make-ready work required for all multiple applicants before simultaneously granting attachment authorizations to the multiple applicants. -8- d. Any multiple applicant who fails to agree to the alternate arrangement set forth in c., preceding within ten (10) days after being advised in writing of the availability of such alternate arrangement by the Licensor, will be considered by the Licensor to have cancelled its application(s) relative to those facilities which involve pending attachment applications by other Licensees. e. Where multiple applications are non-simultaneous and the initial applicant has selected Option t, the Licensor: (1) will consider the initial applicant as a non- multiple applicant. Any change of priority or facility availability or work schedule completion that is desired after either has been ini- tially agreed upon by the initial applicant with the Licensor will be subject to the Licensor's ability to accommodate such changes in its established work schedule. (2) will not perform the required make-ready work for the additional applicant until attachment authorizations have been granted to the initial applicant, unless the performance of such work will not delay the completion of the make-ready work required to accom- modate the initial applicant. f. Preconstruction survey costs will be allocated as follows: (1) Simultaneous applications - each applicant will bear an equal Share of the total initial and resurvey costs involved. (2) Non-simultaneous applications - each applicant will bear the costs related only to determining the accommodation requirements for its specific application. ~. g. Make-ready cost will be allocated as follows: (1) Simultaneous applications - {a) each applicant will be charged an equal share of the total make-ready cost. (b) if only one applicant agreeS to the shared portion of total cost, that applicant will be quoted the cost applicable to accommodate a single licensee. (2) Non-simultaneous applications - (a) the initial applicant will be charged the total make-ready cost to accommodate its facilities. (b) the additional applicant(s) will be charged the total added make-ready cost to accommodate the add~tionat~ applicant's facilities. Specifications · ]' a, Li~censee's fac,il'i~t~e~ ,sha)] b~e placed, ~'aihta~ned, relocated 'or removed in a'ccorhance w,it?n the he~$remehts and specifi- cations of the current editions of the Bell Operating Companies Manual of Con~tmUc%ion Procedures (.Blue Book), ~he N~tional Electrical Code (NEC), th~ National Electmi~ai, Safety'Code (N~C), the ~ules and~regu- lati~ns of the ~E~Upa~a~l· Sa~fet~ an~ H~al'%h Ac~ (OSHA) and~an~ gover- ning au~ho~its' h~vi~,g ,j~u~i~icti~n. Where a ~T~ere~e ~n spec~f~ca%~on ma~ exi~,, ~he ~ore~'~yi~g~t 's~l apply.' LiC~'see',~ f~c~l~tie~ s~alI notpyh sqcal, l.y elec%ro'n~callv, or ~nduc,t~vety ~n~e~fere w~th ,~ Licensor ~ ~acil, f~ies. , ~. ? , D'~.~?~,]Cf any part of Licensee s facilities ~s not placed, mai~ta,~l~d ~o~',~-e]~oc~at~d i~ accordance w~th the above~ requirements and specifications, ~d~'i~ ~Li'densee fails to Correct said condqtions Within fifte~ ;{I5~] d~j Wmi~ten notice to the Licensee,.the Licensor may Cor~:~a$~,.e~j~n~s,.~ However, when such conditions ~bse an ~i~edi- ' ate t~t'~ ~o:~et~ o~the Licensor"S employe~s, in~epfere w~th the p~m~e~c~e ~,~:~l~e~or s serwce obligations, or po~e ~n ~Ed aFe thre'a~gU~s!c~q ~tegr~ty of the pole plant,, the L)censon ~av~ per~om~)~u~c~ ~e~d~/o,~ take s~ch action that ~he L~cen~or ~deems, nQC- es~ar~h~u~ ~o~ice to Licensee. The cost~ of Sa~,~U work.~and/hr actaeon,s sha) t b~-:~e hV L~censee. (1). Where such work and/or actions entail new or additional ,atte~c,~hmelq'ts ,to, the L~censor sancno s, authori,zations for such alttachments~sh~]] be~issu~ed by the Licensor. Licens~ee':s privileges and obl~igation~ ~ith~respect to authorizations so issued ~shall be as orovid~d in thisZAgr~ement. (2) Where such work and/or actions entail the placemept of and attachment to anchors for the Licensee's sole use, these anthors shail ~e the groDerty o~ the Licensee: In either (1) or.(2) preceding, the guy strand shall be the properts of the,'L~cen~ee. ~. P~e. Construction Surveys and Make-Ready Work ~.. ~. A, pre-construction survey will be reouiredl for each oole andlan~hor for whiCh attachment is reouJsted to determine: the ade- ouacv o~ the pol~ and anchor to accommodate Licensee's facilities. At ~he ~o~i~n Of L~cens~e~, ~he field inspection will §ie performe~: (l:J~by representative~ of the Licen?r with optional participation b~ join~ Owner(s), joint user(s), other License~s and the Licensee, or (2) bv Licensee, after first providing wriitten no- tice to the Licensor of its.intention to perform said field inspection. If the field inspection is performed b~ Licensee, the Licensee shall, orior to commencement of the field inspection, obtain from the Licensor - 10 - information as to the Licensor's olanned future construction on the ooles and/or anchors involved. Licensee shall furnish the required field inspection data to the Licensor in a format specified by the Licensor. The field insoection data shall be of an accuracy and com- oleteness necessary to permit the performance of make-ready and other work required to accommodate Licensee's facilities ih a manner consis- tent with the requirements of Article IV_Ii.) and IV (4. c.}. The Licensee and Licensor may employ contractors to perform the field inspection. b. Licensee shall agree to pa~ the Licensor at the time Licensee furnishes the field inspection data, an administrative handling charge per pole as provided in the Schedule of Unit Costs filed with the Public Service Commission. c. tn the event the Licensor determines that a utility Dole to which Licensee desires to make attachments is inadeouate or that a pole or anchor needs rearrangement of the existing facilities thereon to accommodate the facilities of Licensee, the Licensor will inform Licen- see in writing of the cost of the required make-ready work. Charges for make-ready work, the cost of surveys and/or inspections, shall be as specified in Article VIII; Rates and Charges. d. The Licensor shall specify the point of attachment on each of the utility poles and/or anchors to be occupied by Licensee's equipment and/or facilities. Where multiple Licensee's attachments are involved, the Licensor will attempt, to the extent practical, to desig- nate the same relative position on each ~ole for each Licensee's facilities. e. Licensee shall have thirty (30) days from the receipt of written notification from the Licensor of the costs of make-readv work to accept and to agree to pay all make-ready costs; provided, however, that if the Licensor receives a request from another Licensee for an authorization to attach to a utility pole or anchor for which a written notification of make-ready work costs has been sent to Licensee, then Licensee must accept within fifteen {15~ days after receipt of notifica- tion from the Licensor of the other attachment request or until the end of the thirty (30) day oeriod, whichever period of time is shorter. f. Any required make-ready work will be performed followi'ng receipt by the Licensor of the written agreement to pay the cost of make-ready work. Licensee shall also reimburse the owner(s) of other facilities attached to said poles or anchors for any expense incurred by them in transferring or rearranging such facilities to accommodate Licensee's facilities. g. Should the Licensor, joint user or other Licensee, for their own service requirements, need ~o attach additional facilities to any utility pole or anchor to which Licensee is attached, Licensee will either rearrange its facilities on the pole or anchor or transfer them to a replacement pole or anchor as determined by the Licensor so that the additional facilities of the Licensor, joint user or other Licensee may be attached. Li, ce~ee shal, 1 not be entitled~o reimbursement for the ~earranoemen't ,or t~n~er of LJce~ee'~ ~cilitie~ifrom,the Lice?or or,joint ~s~r~.,. If,~Li~s~ does not r~a,~r~n§e o~t~a~fe~'~ts facjl~- ~iels:within fi~teen~t(i~ da~s a~te~r*rece]pt of w~i~ notiC6 from'the tic6nsor requesting su~ ~e~rra~ge~nent 6r~ tr~ns~r th6Li.censor or-joint user ~V-oefformo~ h~,~e perfbrmed suc~' rea*rran§~men~ or ~hsfer and Licensee shall Day the cost thereof. h, In an emergency, ~he L}censor. may rearrange or temporar- ily remo~ k~e,~e~s: fa¢~l~t~es attached ~o ~ utility pole, and/or anc'hor. · g~ i.. If servi, ce needs oq the Licensor or require including, ~ut modifications n~ 6osts of j. Upon written notice from the Licensor, om~a joi~t user, Licensee sh~atl p~omp,tl~ perform any i.make-~eady wo?k neces~sa~y on 'Licen- see's attachments to accommodate another Licensee's att'adbm~ht',lt~ a~ util,ity, pol~e an~d~O,r anchor. The Licensor and/or jo~ht, use~ sbanot be liable for,~any ~QCh e~pen~e, tf Licensee fails to ~erform s~uch make- ready work ~w~th~Q,~.~, ~f'~fteen·, (15) days frqm the date o~ ~?Itt?))~r~ot!cLe , o the Lic~nsqr o~ jOl~ti'useP, the Licensor shall have the r~bit ~o per~torm the make,r~,~dy ~wo?.k~ and charge Licensee the cost o~ ~perfoKmi~ng such work. '~, ~L(~ense,e shall reimburse the owner Or owners o other faciq~i~ies~tt~c~ tO a ~tility pole and}or ancho~'l!for a~iy 6x,p~nse in- curred by them.~g, tran~i~erring or rearranging said~c~l)tie§~ toaccom- mod~te Lic~e~'~ attachments. ion to attach a guy strand to an existing uti mted where adequate Capacity, !s available as soeci :nt written o~ocedures for, det6~mining the filed separately wdth the Public Ser- Should the Licensor O? Joint User for its own :S ineed to increase its load On the anchor to whi is attached, ~nd where ~ larger ancho~ is ~een necessary but for the attachment of ~ill either rearrange its gu.? strand on the to a re:placement anchor a~s detei~mSned~by the ngement a~d/or transf~ of the L~censor s and and the installation ~f a new or' r~p!ace- ment ~)ie expense of Licensee, prOVided this occurs - 12 - more than two {2) years after the date of the initial attachment author- ization. If Licensee does not rearrange or transfer its guy strand within fifteen (15) days after receiot or written notice from the Licen- sor regarding such requirement, the Licensor or Joint User may perform, or have Dermormed, the work involved and Licensee shall pay the cost thereof. m. Licensee shall notify the Licensor in writing before adding to, relocating, replacing or otherwise modi[vino its' equipment ano/or facilities on a utility oole or anchor, where a~ditional soace or holding capacity may be reouired. no Additional make-ready work necessitated by changes in the service needs of Licensor or a Join~ User will be billable to Licensee only after two (2) years have elapsed since the date of initial attach- ment authorization, and only when necessitated by the presence of Licen- see facilities. Additional make-ready work cost stemming from the acti- vities of other pole occupants other than joint users is not the respon- sibility of Licensee. When additional make-ready or related work is required as a result of circumstances beyond anyone's control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timelv repairing, relocating or replac- ing of its own facilities and for th~additional costs incurred by Li- censor or a Joint User solely resulting ~rom the existence of Licensee's attachments, if any. 5. Inspections of Licensee's Facilities a. The Licensor reserves the right to make post-construction, subseouent and oeriodic inspections (of any part or all) of Licensee's facilities attached to a utility or joint user's pole and/or anchor. b. Licensee shall provide written notice to the LiCensor, at least fifteen (15) days in advance, of the exact pole locations where Licensee's plant is to be constructed and shall also notify the Licensor in writing of the actual dates of attachment within five (5) days of the date(s) of such attachment. c. Where post-construction inspection by the Licensor has been comoleted within thirty (30) days of the date of notice of attach- ment of Licensee's facilities required in b. above, Licensee shall be obligated to correct such non-complying conditions within fifteen {15) days of the date of the written notice from the Licensor. If correc- tions are not completed within said fifteen (15) day period, attachment authorizations for the poles and/or anchors where non-complying condi- tions remain uncorrected shall terminate forthwith, regardless of whe- ther Licensee has energized the facilities attached to said poles and/or anchors, and Licensee shall remove its facilities from said poles and/or anchors in accordance with the provisions in Article VII. No further attachment authorizations shall be issued to Licensee until Licensee's facilities are removed from the poles'and/or anchors where such non- complying conditions exist. d. Where, po,~[~:0~u~t~.e,! ~§pe¢~on b)a~the ~Licensor h?s not been co~leted ~wi~, ~% (~ da~ ef ~he ~of notice attachment of Li~enseeLs :~f~c~l~ties~ L~e~see shall~'~q~rect such .non- com T in "'condition~s ~n rf}~ee (15) Ldays of th~ate ~of the wri.tten not~c~ from %he k~censom;~ ~'correct~o~$ ~e Dot ~ by L~cen~ ~th- in said fi~fteen'(.15.)~ rda5 per~0d,.the Licensor. sh'al]l ~e~form or halve .per- fo:~ed such corrections and Licensee shall pay to the Licensor the cost of performing such work. e. ~i'th~9 seven (7) days of the.completion of a post-con~ s~r~c~n f~p~[~ [he L~-censor shall no~'~f~ the Lice~s~ in ~rit~ng of {h~'~a%~6~'.['~mp~~e~on ,Of ~he pos~-c0ns~rud~'~o~ .f~.SaBs~en~,imspect~e~s to dete~n~ ~'~ a~prop~e~co~- rec~e ~c~[on~ba~en~[a~en m~ be made bv the L~enso~:~ ~[Tc~nsee sha~ ~.~mB~e{~L~'~e~sor ~r ~e cost of such ~D~pect~on~ ~ spec- fi~e~ in Arti~'t~ VI~t. g. The making of post-construction, subsequent and/or peri- odic insoections br the failure to do so shall not operate to relieve Licensee of any responsibility, obligation or liability specified in this Agreement. h, The costs of inspection made during construction ano/or the init~iat oost-construction survey shall be billed to the Licensee at the same time.as make-ready charges. The costs of Periodic Inspections or any inspections found necessary due to the existence.of substandard or unauthorize~ attachments shall be recovered according to the Schedule of Unit 'Cb~s filed with the Public Service Commission. i. Licensor reserves the right to make periodic inspections of all or any part of the cable, equipment and facilitie~ of Licensee on Doles owned by the Licensor and/or Joint User(s), at the expense of the Licensee as s~eci'f!ied in ArtiCle VIII~ Periodic inspections of~ the entire plant of the Licensee will not be made more{oft~n~ than once every ~ive years and upon 30 days notice to Liqensee unless lp,Licens~'~ judgement :~uch inspections are?eq0ired fo~ reason~ involving sa~e~y or because Of an alleged violation of .the terms of th}s A?eement by Li.censee. 6.~ Unauthorized Attachments a. If any equipment and/or facilities of the Licensee shalq be ~ound atbached to a pole and/or anchor for which authorization qas not been granted by the Licensor, the Licensor, without omejudice to its other~riqhts or remedies under this Agreement, including termination or otherwise~ may impose a charge and require the Licensee to submit in writi~ng, within-ten (10) days after receipt of written notification ~rom the Licensor of the uneuthorized attachment, a pole and/or anchor attachment application. If such application, is not received by the Lic- ensor within the specified time period, the Licensee will be required to remove its unauthorized attachment within ten (10) days of the final date for submitti'ng the required application, or ~he Licensor.may remove the Licensee's faciQities without liability, and t~e cost of such re- moval shatl~be borne by the Licensee. - 14 - b. For the purpose of determining the applicable charge, the unauthorized attachment shall be treated as ~avinq existed for a period of five (5) years prior to its discovery or for She oeriod beginning with the date of the initial agreement, whichever period shall be shorter; and the charges as specified in Article VIII shall be due and payable forthwith whether or not Licensee is permitted to continue the attachment. c. No act or failure to act by the Licensor with regard to said unauthorized attachment shall be deemed as the authorization of the attachment; and, if any authorization should be subsequently issued, said authorization shall not operate retroactively or constitute a waiver by the Licensor of any of its rights or privileges under this Agreement, or otherwise, provided, however, that Licensee shall be sub- ject to all liabilities, obligations and responsibilities of this Agree- ment ~n regard to said unauthorized attachment from its inception. ARTICLE V OTHER OBLIGATIONS OF LICENSEES 1. Insurance a. Licensee shall carry insurance oolicies issued by an insurance carrier licensed to operate in the State of New.York to pro- tect the Licensor and joint users as named or additional insured from and against any and all claims, demands, actions, judgments, costs, and/or exoenses, including attorney's fees, and liabilities of every kind and nature which may arise or result, directly or indirectly, from or by reason of such loss, injury or damage as covered in Article VI. b. The amounts, of such insurance: (1) against liability due to injury or to death of oersons shall be not less than $1,000,000 as to any one person and $1,000,000 as to any one occurrence, and (2) against liability due to damage to property shall be not less than $1,000,000 as to any one occurrence. c. Licensee shall also carry such insurance as will protect Licensee from all claims under any Worker's Compensation Law in effect that may be applicable. d. All insurance must be effective before the Licensor shall issue authorizations for attachment of facilities to any utility pole or anchor, and shall remain in force as long as Licensee's facili- ities remain attached to any utility pole or anchor. In the event that Licensee shall fail to maintain the required insurance coverage, the Licensor may pay any premiums thereon falling due and the Licensee shall reimburse the Licensor for any such payments made. e. Licensee shall submit' to the Licensor certificates by each company insuring Licensee for all liabilities of Licensee re- ferred to in Article VI. Licensee's insurance policies shall provide that they will not cancel or amen~ such policy of insurance issued to Licensee except after thirty {30) days' prior written notice to the Licensor and joint user. f. L~censee shall pr~]y adv~ ~e Licensor of all claims' relatingito damage t? prop~r~;or'i~j~ury ~b o~death of persons, abising or alle~e.d to'have ~fisen ~nany m~,nner~ dire~tiy or indirectly, by the-erection, mainte~n. Fe, r~air, Kepl~cement, p~esence, use or re- moval ~f the LiCensee% 'f~c~liti~s~ Copie~ o~lq' ~c~ident reports and statements made to the 1.nsurer b~ the L~censee, or ot~ers, shall~ be furnished pK~m~tly {o the L,icens~r. g. -he Licensee at Licensor's option m~y be self- · insured wi.~h regard to its liability under the ternm of this agmeement. 2. ~u.ret¥ Requirements Licensee ~hall furnish bond or other satisfactory evi- dence of f~nancial security.in an amount specified as follows to guaran- tee the payment!of any sumswhich may ~ecome due to the Licensor for · attachment fees'dUe h6reunder and any bther charges for work performed for Licensee, by theLicensor, includihg the removal of Licensee's facilities Upon.~t~rmin~tion of any authorization issued hereunder. a. Li~¢ensee shall furnish a cash deposit, bond, irrevocable Let~eK of ~redit or other Security satisfactory to the Licensor in the following amounts: Security in the amount of $20.00, shall be r~ouired for each authorized pole attachment. The total amount of securit~ re~uir~d.~jereunder shall not exceed $300;000 o~ be less than $1,000. Sece~i~y will,'not be required wh~re Licensee's total attachment authorizations d~ n'o~t"~xceed ten (10). ~ b. If the financial security is in th~ form of a bond or irrevocable Le~er ~o~ Credit, such ~nstrument~shatl, be issued by a Company ~K~Ban~..$Jti,~fa~ory to ~the [lcensQr. The ~nstr~ment:s~atl~ con-- rain a pr~isi~h~tlth~ Suret~ Company or Bank will p~y the-Licensor wlthln the'dolt~a~"}~m~ts of the ~nstrument any sumdemandedby the Lic- ensor as due unoer this Agreement, whether or not the Licensee Contests its liabi.l~ty to pay such sum, and whether or no~ the.Licensor exercises or has exe~cds~"~n~ op~i~on i:t may have to terminate.: If'any~such amounts are,'p~q~ by t~e Surety Company or Bank, the Llcensee shall restore th~ i~ ~Q'dlor Letter of qredlt to the f~q~amOunt required under ~hi$ ~il61e,jwilthi~ th)rty (30) days after notice.of s~ch payment is ~ent to ~he~i6e~see~ c. If the security is in the form of a cash'deposit, interest at the rate currently paid by the Licensor on deposits shall be credited to the UicenSee during the continuance of'the deposit. If the Licensee shall fail ~ pay any sum demanded by the Licensor as~due under the provisions of this Agreement, the Licensor shall have the'right, without prior notice to the Licensee forthwith to app)y~any oh all' amounts on deposit wi~h it to payment of the sum du~, Whether. or not the Licensee contests i{s liability to pay such sum, and whether or not the Licensor exercises or has exercised anyoption it may have to'term)hate. - 16 - If any such amounts are applied to payment of sums due to the Licensor, Licensee shall restore to its deposit the amounts so applied within thirty {30) days after notice to Licensee of such application. d. The amount of the bond or the financial security shall not operate as a limitation upon the obligations of the Licensee. e. Surety is not required for a municipal owned facility. ARTICLE VI LIABILITY AND DAMAGES 1. The Licensor reserves to itself, its successors and assigns, the right to relocate and maintain its poles and anchors and to operate its facilities in conjunction therewith in such a manner as will best enable it to fulfill its own service requirements. The Licensor shall be liable to Licensee only for and to the extent of any damage caused by the negligence of the Licensor's agents or employees to Licensee's facilities attached to a utility pole or anchor. The Licensor shall not be liable to Licensee for any interruption of Licensee's service or for interference with the ooeration of Licensee's facilities arising in any manner out of Licensee's use of utility poles or anchors. 2. Licensee shall indemnify, protect and save harmless the Licensor from and against any and all claims, demands, causes of action and costs, including attorneys' fees, for oamages to property and injury or death to ~ersons, including payments made under any Worker's Compensation Law or under any olan for employees' disability and death benefits, which may arise out of or be caused by the erection, maintenance, repair, replace- ment, presence, use or removal of Licensee's facilities or by their proximity to the facilities of all parties attached to utility Doles or anchors, or by any act or omission of Licensee's employees, agents or contra,ctors. 3. Licensee shall indemnify, protect and save harmless the Licensor from any and all damages, cost and exoenses imposed on the Licensor as a result of the presence of the Attachment on the pole and/or acts by the Licensee, its employees, or its agents or contractors, including but not limited to damages, costs and exoense of relocating utility poles or anchors resulting from loss of right-of-way or property owner consents and/or the costs and expense of defending these rights. 4. L$censee shaT1 indemnify, protect and save harmless the Licensor from any and all claims, demands and costs, including attorneys' fees, which arise directly or indirectly from the operation of Licensee's fac- ilities, including taxes, special charges by others, claims and demands for damages or loss for infringement of copyright, for libel and slan- der, for unauthorized use of television broadcast programs, and for unauthorized use of other program material, and from and against all claims, demands and costs, including attorneys' fees, for infringement of oatents with respect to the manufacture, use and operation of Lic- ensee's facilities in combination with utility poles, anchors or other- wise. · 5~, Shoul~ the Li~hs~r r~emowe'~LiCem~see'~ facilities ]from'a util~t~ pole and/or anch~s Under.A~l%~icle VII, thel Licensor~will deliver to the Licensee the facilities so removed upon payment by License~ of the cost of remo~l, sterage and delivery; and all other amounts dbe the Licen~0~.~ The L~cen$or~n~l h~ave a lien on Lic, ens~e~s faCilities ~ttached. to 'uti.?ty po~!~§'~a, nd/o,~ anchors or rem6~ed~here~r~m~ w~th power ~o~ publ ~c. o~ priwt~e~ sale'~ to: cover an.y amoOnts d~e ~he IJi~basor. Such I~ens sba t not ~perate to prevent the L~cen$or from p~rsu~nq, at its option, andy other remedy in law, eouity or otherwise. ARTI'CLE VII ~ERMINATIONS OF AUTHORIZATIONS 1. In addt~i'oh to rights of te;rmin~ion orovided to the Licensor under other prdvq~iOns of this A~meement, the Licensor s~all have the right to terminate utilit~ pole and/or a~chor attachment authorizations and rights granted under orovisions of this Agreement ~ here: a. tEeiLicensee's facilities are maintained or used in violation of any law or in a~d of any unlawful ac~t or undertaking, or b. t~e Licensee ceases to have authority to construct and ooerate its facil'ities on oublic or private p~operty a,t t~e location of the p~rticular pole or anchor covered by the authoriza,tion; or c'. the Licensee fails to comply with any of the terms and conditions of this Agreement or default~ in any of its obligations thereunder; or d. the Licensee attache~ to a util'ity Dole and/:or anchor without having first been issued authorization therefore; or e. the Licensee, subject to the orovisions specified in Article III {5.), should cease to provide its services. f. the Licensees' facilities are used by others not a oarty to this Agreement. g. the Licensee sublets or apportions part of the ~icensed Dote attachment to an entity not a Dartv to this Agreement. 2. The Licensor will promptly notify the Licensee in writing of any instances cited in Article VII (1.} preceding. The Licensee shall take corrective action as necessary to eliminate the non-compli- ance and shall confirm in writing to-the Licensor within thirty (30) days following such written notice that the non-compliance has ceased or been corrected. If Licensee fails to discontinue such non-compliance or to correct same and fails to give the required written confirmation to the Licensor within the time stated above, the Licensor may terminate the attachment authorizations granted hereunder for utility poles and/or anchors as to which such non-compliance shall have occurred. - 18 - 3. Pole and anchor attachment authorizations and rights as granted under provisions of this Agreement may be immediately terminated by the Licensor if: a. The Licensee's insurance carrier shall at any time notify the Licensor that the DOlicy or policies of insurance as required in Article V will be or have been cancelled or amended so that those reauirements will not longer be satisfied. b. The Licensee shall Cail to pay any sum due or to deposit any sum required under this Agreement, or shal~ fail ~o maintain satisfactory security as required in Article V (2). c. any authorization which may be required by any governmental or private authority for the construction, operation and maintenance of the Licensee's facilities on a utility pole or anchor is denied, revoked or cancelled. 4. Licensee may at any time remove its facilities from a Dole or anchor after first giving the Licensor written notice of Licensee's intention to so remove its facilities. 5. In the event of termination of any of the Licensee's authorizations hereunder, the Licensee will remove its facilities Crom the Doles and anchors within thirty (30) days of the effective date of the termination; provided, however, that Licensee shall be liable for and pay all fees and charges pursuant to provisions of this Agreement to the Licensor until Licensee's facilities are actually removed from the utility poles and anchors. If the Licensee fails to remove its facilities within the specified period, the Licensor shall have the right to remove such facilities at the Licensee's expense and without any liability on the part of the Licensor for damage or injury to such facilities or interruption of Licensee's services. 6. When Licensee's facilities are removed from a utility Dote or anchor, no attachment to the same utility pole or anchor shall be made until the Licensee has first complied with all of the provisiors of this Agreement as though no such Dole or anchor attachment had been previously made and all outstanding charqes due to the Licensor for such Dole or anchor attachment have been paid in full. 7. Prior to terminating or revoking any license under this Agreement or the Agreement itself for whatever cause or purpose, a peti- tion may be brought, by either party, to the Public Service Commission requesting the Commission to decide the dispute. A Public Service Commission determination shall be binding on all parties to this Agree- ment. However, the right of the Licensor or Licensee for judicial review of the Commission determination remains. ARTICLE VIII RATES AND CHARGES The Licensee is responsible for and agrees to pay all rates, charges and costs as specified elsewhere in this Agreement and as set Forth below. Licensee shall ~e~res~on$ible ~or payment of all charges ~or preconstruct~nn survey and Make-ready work, upon completion o~ work performed or expense~ fncurred Uy the L$ce~sor regardless of whether Li,cen~eesubsequ~e~tly withOraws its application for attachment authprizations For the p~2esqand anchors on which such work-was per- Licensme agrees that, in the event Licensee 6ails to pay am amount due and owing within the period o¢ ti'me set forth for 'payment in this Aqreeme~t, interest shall accrue on the unpaid balance.thereof saut'c ~'~h~_,-r la,~i? ~:n~i} 11~,~ lm.sOn trhe c fe~'vr e~ monthLicensor.~ro~ the ~xpl ratio' ',no~ 1. Attachmen:t Rates Thea~tachment rates shall be as specified in a schedule currently filed With~t~.Public Service Commission (Exhibit E~. 2. Cha%gms For Make-Ready Work {UNIT COSTS) Make-~'ead~ charges shall be billed, uPOn completqon of work on individual, poleS, according to the current Schedule of Unit Costs filed w~th the Public Service Commission. When Licensor employs an Outside contraotom rather than its own work forces tn perform make- ready, Licensee shalq pay an amount eoual to the contracbor~s Fees plus a premium eou~l to no more than 10% of those fees. Licens~r shall make availabJe copies of all written contracts, agreements, understandings and work orders pertinent to make-ready work performed by such contra~to~. Charges for Inspections a'. The cost of the Post-Construction Inspection shall be billed ~pon completion of the Inspection by the ,Licensor. b, The'cost of Periodic Inspection will be billed to the Licensor upon completion of the i,nspec~ipfo~b~he Licensor. c. Licensee shall pay the cos~ af subsequ_nt inspections to insure correction o~ variances from required~construction and maintenance practices, determined to exist th¥ough'pnst-constructi~n or periodic inspections. 4. Pa~ent of Rates and Char~es ~,A,L:~Un,~e,$~A~herwise.~ provided elsewhere in this Agreement, Licensee~s~haQ~ ~ay,~a~l'~%~s and charges, as specified in the Agreement and/or ~n ~"~h~d~le,~rrently filed ~ith the Public' Service Commission, within thirty {30)~days from the dates of billing thereof. ARTICLE IX EOUAL EMPLOYMENT OPPORTUNITIES L~censee affirms that the Equal Employment Opportunity provis- ions reou~red~'by law, regulation or executive order to be incorporated in this Agreement as se~ forth in a Compliance Undertaking prepared by Licensor have bmen read and signed by Licensee, and that the said Com- pliance Undertakin~ has beer delivered to Licensor. Such Compliance Undertaking shall continue i~ effect until specifically withdrawn in writing by Licensee (Exhibit F). - 20 - ARTICLE X LICENSE NOT EXCLUSIVE Nothing herein contained shall be construed as a grant of any exclusive license, right or orivitege to Licensee. Licensor shall have the right to grant, renew and extend rights and privileges to others not parties to this Agreement, by contract or otherwise, to use any poles and/or anchors covered by this Agreement. ARTICLE XI WAIVER OF TERMS AND CONDITIONS Failure to enforce or insist upon compliance with any of the terms or conditions of this Agreement or failure to give notice or declare this Agreement or the licenses granted hereunder terminated shall not constitute a waiver or relinquishment of any such term, con- dition or act but the same shall be and remain at all times in full force and effect. ARTICLE XII TERMS OF AGREEMENT If not terminated in accordance with its terms, this Agreement shall continue in effect for a term of one (1) year from the date hereof and thereafter until three (3) months after written notice of termina- tion is given by either party. Such notice of termination may be given to take ~ffect at the end of the original one (1) year period or au any time thereafter. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first above written. ~ZT~(ATTEST) / WITNESS (ATTEST) ~ud~h T. Terry, To~n Cleric/ - New York Telephone MANAGER Supervisor JANUARY, 1985 APPLICATION AND POLE LICENSE1 EXHIBIT A New Yolk Teleohone Company 19 , New York In accordance with the terms and conditions of the Pole Attachment Agreement between us, dated as of , 19 , application is hereby made for · license to make attachments to thereOF lowing ~oles which are indicated to be New York Telephone Ownership, Joint Ownership or unmarked. Pole No. ~ · Ownership Munici- Location Attachment3 palit~ (Name of Licensee) License Number4 the above poles as have not been stricken from the above list, By Title is hereby granted, for attachment to such of , 19 New York Telephone Comoany By Title Date 1. Applications shall be submitted in duplicate. 2. Indicate T fpr New York Telephone Ownership Jt for Joint Ownership U for unmarked E for Electric Company Ownenship 3. A comolete description of all facilities shall be given, including cuantities, sizes and types of all cables and equipment. 4. This license is issued under the terms and conditions of the Pole Attachment Agreement. EXHIBIT B NOTIFICATION' OF REMOVAL OF POLE AND/OR ANCHOR ATTACHMENT BY lICENSEE , N.Y., 19 New.York Telephone Company · New York In ~ccordance with the t~rms and conditions of the Pole Attachment Aqree~fit~etween us, dated as of , 19' ~indly cancel from ybur reCOrds the following,poles and/or anchors covered by the licenses indicated from which our attachments were removed on , I9 " Pole Pole License Number Location Number Municipality Title (Name of Licensee) RECEIPT of the above Notice is hereby acknowledged, 19 New York Telephone Company By Title Date (Submit in duplicate) EXhIBiT C APPLICATION AND ANCHOR LICENSE1 NewYork Telephone Company · New York · N,Y., 19 In accordance with the terms and conditions of the Pole Attachment 'Agreement between us, dated as of , 29 , application is hereby~ made far a license to make attachments to the-t~6Tlowing anchors f~r which !New York Telephone or the Power Company is licen~or~ Pol.e No. &2 Make Ready & Licens.or Anchor3 Location Attachment4 Municipal. i%y By Whom ~Name of Licensee) By Title 6 License Number is hereby granted, for attachment to such of the above poles as have not been stricken from the above list, , 19 New York Telephone Company By Title 1. Applications shall be submitted in duolicate. 2. Indicate T - New York Telephone is Licensor L - Power Company is Licensor 3. Indicate N, E, S, or W, for North, East, South or West and inside, middle or outside anchor as appropriate. 4. A complete descriDtion of all facilities shall be given, including quantity, size and type of guy strand. 5. A complete description of all "Make Ready Work," if necessary. 6. This license is issued under the terms and conditions of the Pole Attachment Agreement. EXHIBIT D ~ipRoc~DURE'~FORD~ERMINI~G WHEN EXISTING NYT ANCHORS HAtE CAPACITY TO ACCOMMODATE AUTHORIZED LICENSEEATTACHMENTS Determine the maximum capacity of the guy rod. Newer guy rods are marked with their c~pacity; if the rod is unmarked, the capacity is listed in t~e f~l:~oW~'~.~b]e:~<'~he. Gby.Rod~and S~rand~,G~b~e':$hou~d be used in RO?~ ~D I, IETER 1 1/4~ CUMULATIVE STRAND SIZECAPACITY 2, 2M 6 or 6'.:.6M ..~6M 26~ 32M *Swamp Anchor w/1 1/4" Rod - 6M Capacity. Determine the combined capacity of the guy strands attached to the anchor rod. Example.: Table A Section 4**. (6M Plus 1OM = 16M) The difference between the anchor rod capacity and the combined caoacitv of the guy strands at.tached, is the capacity available for the licensees' guy strand attachment. Example: 1" Anchor Rod - 26M Capacity 1OM (TEL) plus 11M (EL) = 21M, The Spare Capacity is 5M Determine the licensees' guy strand requirements, Part 7, Section 6**. Add capacity of licensees' guy strand to cumulative capacity oresently attached to the anchor rod. Only when the known capacity of the anchor is equal to or greater than the total guy strand requirements, shall a license be issued to the Licensee allowing the attachment. Bell Operating Companies Manual of Construction Procedures (Blue Bookl Example: 1" - Anchor Rod - 26M Capacity Total of Guy strands - 1OM (TEL) plus 11M (EL) plus 4.7M CATV=25.7M 6 - If it is determined that an anchor does not have sufficient unused capacity to allow the attachment of the Licensee, a License shall not be issued. The Licensee will then have the following options: (a) The licensee can obtain right-of-way and place its own anchor and guy. (b) For sidewalk anchors only, the Licensee can request that the Licensor of the pole replace the existing anchor with an anchor having larger capacity at the Licensee's expense. lc) The Licensee can request at Licensee's expense that the Licensor and Joint User reevaluate the existing guy capacity versus' the reouired guy strength for the stress on the pole, to determine if the existing guys are oversized. Licensees ~ermission to attach would then be based on the actual reouirements of the existing guys. SCHEDULE OF RATES FOR EXHIBIT NEW ~ORK TELEPHONE COMPANY STANDARD.PQLE~/~BM£NT FILED WITH'NEW WORK STATE PUBLIC SERVICE COMMISSION AS OF DECEMBER 27, 1979 RATE Pole Attachment Annual Rate - $5.00 ~er attachment per pole Der year; made on or after January 20, 1976 Pole Attachments existing prior to · NO CHARGE. Attachment to anchors that are authorized is included in the above fee. Pole Attachment Rate for an optional one-time payment. The formula for determining the one-time payment is: ~= F X P/W where: P is the one-time payment is the current Annual Attachment Fee filed with the Public Service Commission P/W is the present worth of an annuity, compounded annually to 30 years, at the interest rate currently paid by the Licensor on deposits of its subscribers. COMPUTATION For the purpose of computing the total attachment fees due hereunder, the total fee shall be based upon the number of attachments licensed whether or not attachments are actually made on the fifteenth (15) day of June and the fifteenth (15) day of December om each year. The first payment of the anrual charge for licenses granted under this Agreement shall be pro-rated from the month of issuance of the license to the first regular payment date at the rate of forty-two (.42) cents a month per Dole attachment. PAYMENT DATE Attachment fees shall be due and payable semi-annually~ on the 31st day of January for the last half of the previous calendar year and on the 31st day of July for the first half of the presen~ calendar year. Failure to pay such fees withim thirty (30) days after presentment of the bill therefor or on the specified payment date, whichever is later, shall constitute a default under this Agreement. TERMINATION OF LICENSE a} Annual Rate Upon termination of a license granted hereunder, the applicable attachment fee shall be pro-rated at the rate of forty-two (.42) cents a pole attach- ment per month remaining in the period for which rental has been paid. b) One Time Payment Upon termination of a license granted hereunder, the applicable attachment fee shall be retained by the Licensor except that, if within the first 30 years of issuance of a license under the one-time payment option, Licensor revokes such license under circumstances where Licensee's facilities thereunder cannot be relocated pursuant to Article ~II of the Pole Attach- ment Agreement. Licensor shall refund to the Licensee a pro-rated portion of the one-time payment charge calculated for such 30 year period. The attachment fee is not transferable to another pole. EXHIBIT F E.E.O. COMPLIANCE UNDERTAKING Ii EOUA6 EMPU6¥MENT~:6PPORTU~ ITY PROVISIONS ~r~ acco~danc~i, wi-{h ~xecuti:v~.FOrder No~,11246, ,da~ Sep~ber 24, ~965-,,. as :~ ~v ~.~h~i¥~ r NO. ~1375, dated OEtober 13, -1~57, and U,S. ~Code of Fed~eral Regulat~ o~t~- T1 tle il-Pub) ~ c ~ntracts and -Proper%y -hanagement, 60-O~i~e ~o~ ~edet~t. Contraot Co~'tiance, ~qual EmQl~y~ment ~p~or~u~?y, the Dairies' f6cl ~e~ ~ n. ~.~hi-s cofftr~ct the f6t 1 owing unOeKs~t~ng a-nd~ ~g~eem~n.~: A. FOR~CO~RACI~S{sFJXC~EO~N)i $~0~,~00 t referre~'~:s ,,:Co'.~Fa~r~ ~e~~, .as %ol 19Ws., - ., for ~,'~l, cv~' herm~us~'.o~~'~ ~)s~or~ ~! 3~n, sex, or,na~}onal of~g~n.~ The wmm m mmm m m m ~m m~ mQ '~ m ~ m ~ '~ ~ ~ ~j ~ ~ ~ J? ; 4 · cont?ac~'n? )~ 1 ,?aWe a~-'r~ ~5~'{g~on't~ ~sur~ t~at,,ppl,~cants are ?ployAd, ~nd +~r' ~'"c. lo;,~'~'s a~ne r. reat~ ~ng~e~9 ~ment w~thout regard to their race,~ limi'ed to +h6 rol"a~,-r.~' ~ ~lo~men~, bpg '~d~ng, demotion or traBsfer, ..~ , ~ w~+~' q ~,~t ~d~ ~t~S~: la~ ff O~ tsr~natlo~ rates of ~8:Y ,or r, C ...... ~ ~ ,.-,'. ,., ...... ~- ~ ' ~c-~rent~mCeqyic. T~,e'~epr~a~o- agrees tn cOSt ~n Conspicuous places, available +r.' erm~p'1 o.vee~ ard ap!)~i,carts :S~or 6~;'~ oymMnt., .~otices~ ~m~b~ prov~de~ ~y' t~e. for qual i fled to race, col,~ ~,nrk u~de~st ~dq'~ a.?bti'ce, rdv~si~r'the.labor..un~nr coc.R.i~m~o~s ,und~.r ~eec~cr 1965, ara.~hall ~o~t e .... .cc and applicants labor union or representative of ning agreement or .other contract or agency contracti'ng officer, ive of the contractor's )er No. 11246 of September 24, ink, conspicuous olaces a~ailable to provisions of Executive Order No. ~resent rules, regulations, and relevant Ex~ anc acc~s ail information and reports reauired by 4, 1965, and by. the rules, regulations, r,. or pursuant thereto, and will .perm~t he contracting agency and the to ascertain Compliance with i~ons, and orders. -2- (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in the Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. {7) The contractor will include the provisions of the paragraphs (1) through (7) in every subcontract or purchase order unless exempted by such rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204, of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will.take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; orovided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as the result of such direction by the contracting agency, the contractor may reouest the United States to enter into such litigation to protect the interests of the United States. B. CERTIFICATION OF NONSEGREGATED FACILITIES (41 CFR 60-1.8) The contractor certifies to New York Telephone Company that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. It understands and agrees that a breach of this certification may be violation of Equal Opportunity clause required by Executive Order 11246 of September 24, 1965. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religiop, sex or national origin, because of habiT, local custom or otherwise. It further agrees that (except where it has obtained similar certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Eoual Oooortunity clause; that is will retain such certification in its files; and that it will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted similar certification for specific time periods): ~it '~NOTI£6~xTO.pR~.SPECTZ~E~SUBCONTRACT~BS OF R~EQUIR, EMENI FOR CERTIFI~IONS i]F~NO~ISEGREGATEDFACILI~IES. ~A ~ert~icati~ Qf nonsegregated Faci~i:t~e~, as~ required b~ the May 9,':,1'967, ~oeQer'~n E1 imination of S~grega%ed. Facilq~ies, by ~he~Secretary of Labor ~(32 Fed~ Beg.~ 7439, Mas 19, 1~67), must be'.s~bmitted prior t6 the awar~ Of a. s~bcontr~c't e~c6eding $10,000 which isn,t exe~'~f~om~the.pr~ cf ~he~ Equal ,~p~'ty Clause... ~he 'certifi?ti~on m~Y be submit%ed eJther'fQr ~cb ~ubcontract.~,~for ail subcoD%.racts d~r~ng a 1001." FOR CONTRA£TS E.~XCEBDINC- $50,00Q' ..WI-TH.-CONTRACTOR 16iYN '50'~.OR ~IORE: EMPLOYEES ~I C~R 60-1.~ .AF~RMAT~VE AC~ION'~'PROGR~ CERTIFI~T~N . T~e :o~ra~t.o~' (or sUbc'o~%ractoT~ certifies t~ the. New York Company that it ~s~d ~)~ed~ O~)~.l] id~elop a wr~tten aff~,rmative,act~on c~pl~ance proJr~m ~n ~t ~rd~A~Wi~ the r~qu~em6~s set fori~ ~A Ii~le 41-Public Compl ~;an'Cb,?:E ~at :m~'! oyn;eet ,~pnr, rur, i ~.y~Depar[tme~ bf L~bor, part~,.: . 60-1-Obl~t~' ns~of ~ont¢acto~s and Sub~o~rac:tof~j~Se~tio~/60-1'.40[.: Code of Federal ~ P~Jgbl ti on~,j ,eff~c~,!va ~l.y 1, 19~B ~ as a~ .he~.c,..~.Poctor, ,..,~ .,~..,c~Erac'tor) ~er.,,les ,o ,,ew York lelepKone Company' that E.E,.O~ -!. Star.dared Form i00 promulga~'ed j.oin.~!y by f~e Offi6e Of Federal Cor, tra~t..Cb~ol.ia?c'e, th~ EC. al E~Dlovment ~O~po~tunity Co~i~sion and Plans fEr PKc.grEss~ has,De'eh ~r vnl. 1. be ft ed ~n a~cordance :with ~he requ~ren~:nts, s~.t,,Ecrt~ ~ ?~t.!e. 41-Pub1 ~c' Contract~ and Properts Mq~age~nt, Chapter 6e-C~fic'-e...oE r~er,~l Cc, nfi~act Co~pliapce, ~E~ual E~pl.~yme~t;~ppo~unity, Depa~m~nt cf:L~bor., Pa.[t '.60-1~-Ob1~ea~icns o~ Con(~ractor~. a~d Subc~ntfacfors, Sectl,on, 60-~,7 rode of'reJeral Reo~,.~ficn's, 6ffec!~?e <ul~ 1~ 196~ as ~ended. . '' "" ~'' 'K" 1-!. '' " II ~MI)~C, RiT'v ~BUS~)CESS E.,,~.PR..~ES (4~ CfR .J!~-2) ~'~ 'acda~'a6cd~-~h E'x~ut'fve firder No> ~25, f~-t~ fictober 13, 1971, a~d U.S. ~.ede' ~ rledera~, Reg~,la;~llon~ ~:tl~ 41-PuDl~Ec~o~ract~ and Property Managament, C~aa~ 1-F~a] P~cure~ent Bus~ess t.n?r~r~es, as such. ~'a?t bc' amended ~r~ ~1~me t~ t~me~ the parties FOR CONTRAC~$.[E~)~N.~ $ .OB , UTILIZATION O~ ~p~T~ ~ E~EN~E~SES (a) t~s th~ ~tlqy~of ~he GOvernment that mln~m~ty business ~nterpr~ses sha~(!L~e~t6F~ m~b~ pradt~cable opportunity ',%o participate in the -4- (b) The Contractor agrees to use his best efforts to carry out this policy in the award of his subcontracts to the fullest extent consistent with the efficient performance of this contract. As used in this contract, the term "minority business enterprise" means a business, at least 50 percent of which is owned by minority group members or, ~ case of publicly owned businesses, at least 5I percent of the stock of which ~s owned by minority group members. For the purpose of this definition, minority group members are Negroes, S~anish-speaking American persons, American-Orientals, American-Indiaps, American-Eskimos, amd 2merican Aleuts. Contractors may rely on written representations by subcontractors regarding their status as minority business enterorises in lieu of an ~ndeDendent investigation. FOR CONTRACTS EXCEEDING $500,000-- MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM · (a) The Contractor agrees to establish and cnnduct a program which will enable minority business enterprises (as defined in the clause entitle "Utilization of Minority Business Enterprises"), to be considered fairly as subcontractor and suppliers under this contract. In this connection, the Contractor shall--(1) Designate a liaison officer who will administer the Contractor's minority business enterprises program. (2) Provide adequate and timely consideration of the potentialities of known minority business e~terprises in all "make-or-buy" decisions. (3) Assure that kno~ minority business enterprises will have an eouitable opportunity to compete for subcontracts, particularly by arranging solicitations, time for the preparation of bids, ouantities, specifications, and delivery schedules so as to facilitate the ~articipation of minority business enterprises. (4) Maintain records showing (i) procedures which have been adopted ~o comply with the policies set forth in this clause, including the establishment of a source list of minority business enterprises, (ii) awards to minority business enterprises on thesource list, and (iii) specific efforts to identify and award contracts to minority business enterorises. (5) ~nclude t~e Utilization of Minority Business Enterprises clause in subcontracts which offer substantial minority business enterprises subcontracting opportunities. (6} Cooperate with the Contracting Officer in any studies and surveys of the Contractor's minority business enterprises DroceOures and practices that the Contracting Officer may from time to time conduct. (7) Submit periodic reports of subcontracting to known minority business enterprises with respect to the record~ referred to in subparagraph (4), above, ~n such form and manner and at such time (no~ more often than quarterly) as the Contracting Officer may prescribe. (b) The Contractor further agrees to insert, in any subcontract hereuqder which may exceed $500,000, provisions which shall conform.. substantially to the language of this clause, including th~s paragraph (b), and to notify the Contracting Officer of the names of such subcontractors. III. LISTING OF EMPLOYMENT OPENINGS FOR VETERANS {41 CFR 50-250.2) In accordance with Executive Order No. 11701, dated January 24, 1973, and U.S. Code of Federal Regulations Title 41-Public Contracts and Property Management, Chapter 50, Part 50-250-Veteran's Employment Emphasis Under Federal Contracts, as such may be amended from time to time, the parties include in this contract the fcllowing understanding and agreement. FOR CON~CTs ~$2~~500 OR MORE-'- The coni~ract clauses relating to listing employment openings that may be suitable for~ q~alqf~d disabled veterans and veterans of t~he ¥~etn~m er , with the local~ gf~ice of the State employment service, contained in 41 CFR 50~250.2 are 'ado~ed an~ i~ncorporated herein by this reference. FOR CONIRA£7S $18~+000 O~~ MORE-~ ,,,,:The p,~,cW~i.s,l~nS of~-:PL ,93-;50~;,,38 U.S.C. ~2 ~Se~tions.ZOlZ;~ ~!~ .. d requirin~'~i~r~e ~a~ti:o~?~ t~e h~t,~ng and:~adv:anC~ment ,or qua~t~t~ d~sao~e ~r~C~,~¢'~of. . ~ ::,' ~ '~ ,t-h'e~ ~ie~n~, .'~: ~ ~ra are adopte~ ahd. inco'rpOr~e~he~ei~n.,, by IV. IHE.H~D~CAPP'~D CLAUSE (20 CFR 'Order NO. ~7, 1974, and U.S. C--Re 741 may fol 1 owing as ~such FOR CONTRACTS ',,EXCEEDING $2,500--.. applicant~~ pos contract~r~.~ and othe~ based the recr no~ discriminate against any employee or physical or mental handi,cap %n regard to any for'~mployment fs q~alified. The tion to emp~oy, adYa.nce ~n employment individuals Wi;thout discr~imination cap in all empl~oyme~t practices such as or~a,n~¢ef~ ~ecrditment or · rates of p~Y,or ether forms of l'a~p~enticeshi@. (b). )Contractor agrees ~hat, if a haqd~;capped ~nd~¥~dual f~les a complaint With t~b~ ContractOr t~a~t he is not compl%~ng ~th~t~e K~quirements of the Act, he~:ill ~) investigate the co~plaint and takb ~ppropri~te action consistent wi~h t~e ne~u~!rements of ~q, CFR 7~,29 ~p~ (2') ~aintain ]on file for three years, th~ ~ecor~ regarding the-'~omplaint and'a~ction~ t~ken. (c!i' ha) Vidua files a complaint w~l!~ Nith the req its investiga inf hand~capped. to,compl~ witb,the, r~es, ~n~ regulations of Part 74t.ti the Secre~ -6- (e) In the event of the Contractor's non-compliance with the requirements of this clause, the contract may be terminated or suspended in whole or in part. (f) This clause shall ap~ly to all subcontracts over $2,500. FOR CONTRACTS UNDER $500,000--- Paragraphs (a) through I~) above and the following: {§) The Contractor agrees (1) to establish an affirmative action program, including appropriate proceoures consistent with the guidelines and the rules of the Secretary of Labor, which will provide the affirmative action regardinQ the employment and advancement of the handicapped required by PL 93-112, 12) to publish the program in his employee's or personnel handbook or otherwise distribute a copy to all personnel, (3) to review his program on or befome March 31 of each year and to make such change as may be appropriate, and (4) to designate one of his principal officials to be responsible for the establishment and operation of the program. (h) The Contracto)' agrees to permit the examination by appropriate contracting agency officials or the Assistant Secretary for Employment Standards or his designee, of pertinent becks, documents, papers and recorU~ concerning his employment and advancement of the handicapped. (i) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Assistant Secretary for Employment Standards, provided by the contracting officer stating contractor's obligation under the law to take affirmative action to employ and advance in employment oualified handicapped employees and applicants for employment and the rights and remedies available. (j) The Contractor will notify each labor union or representative of workers with which he has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act, and is committed to take affirmative action to employ and advance in emplgyment physically and mentally hardicapped individuals. FOR CONTRACTS OVER S500,000--- Paragraphs (a) through (j) above and the following: (k) The Contractor agrees to submit a copy of his affirmative action program to the Assistant Secretary for Employment Standards within 90 days after the award to him of a contract or subcontract. Ill The Contractor agrees to submit a summary report to the Assistant Secretary for Employment Standards, by March 31 or each year during performance of the Contract and by March 31 of the year following completion of the contract, in the form prescribed by the Assistant Secretary covering employment and complaint experience, accommodations made and all steps taken to effectuate and carry out the commitments set forth in the affirmative action program. NOTE: 'Panagra. phs:.(q)_, %hrough (1) are only. applicable for contracts and, ~ubcontracts which provide for performance of the work i,n 90 days or more and contracts of a continuing nature. AGREED AND ACCEPTED ~~PbY' Supervisor