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HomeMy WebLinkAboutProgress Energy WR#1700328 -2006 11 20 ... ~ Progress Energy liGhting Solutions - Floncla Lighting Solutions Proposal November 20. 2006 Lighting Specialist Phone Linda Burkett 407 942-9736 Project Details Project Summary Install lighting along Trotwood & Tuscora using 52 100 watt HPS Flagler fixtures on 16' Washington concrete poles and associated underground street light circuit. Restoration to be mild compaction and rake level. Customer to replace sod. WR # 1700328 Customer City of Winter Springs Location Trotwood and Tuscora Contact Stephen Richart Phone Per Unit Quantity Product Description Rental Mainl. Fuel & Unit Sub-Total Required Fixtures and Poles Energ.y Total 52 100W FLAGLER BLK L76 $15.10 $1.58 $3.44 $20.12 $1,046.24 52 16' WASHINGTON SINGLE $19.95 $0.00 $0.00 $19.95 $1,037.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Rental, Maintenance, Fuel & E;nergy Totals: $1,822.60 $82.16 $178.88 * Estimated Monthly Rental $2,083.64 <}(CIAC) Up Front Cost $23,197.57 Estimates valid for 90 days t Required Deposit * Total excludes applicable taxes. franchise fees and any customer charges. ? The Contribution In Aid of Construction, if applicable, is detailed on the enclosed invoice. Payment is due before the Work Request can be released for scheduling. t Do not send payment for the Required Deposit, this amount will be billed to you separately. Progress Energy will call for locate of all public facilities. Any customer owned utilites would need to be located and marked at your expense. If any or all of these lighting facilities will eventually besubmilled to a governmental agency for Inclusion Into a MSTU or MSBU special assessment program, please verify that these facilities meet the requirements within that jurisdiction. Should the agency not accept these facilities into their program. the enlily who signs the Lighting Service Contract "';11 remain responsible for payment. ~ Progress Energy SECTION NO. VII FIFTH REVISED SHEET NO. 7.110 CANCELS FOURTH REVISED SHEET NO. 7.110 Page 1 of 4 LIGHTING SERVICE CONTRACT ACCOUNT NUMBER 09155-15105 WORK ORDER NUMBER CUSTOMER NAME: SERVICE lOCATION(S): City of Winter Springs Trotwood & Tuscora (Street address, city/county, Company account number if established) 1700328 PEFICONTACT Linda Burkett This Lighting Service Contract ("Contracr') is hereby entered into this 201ll day of November, 2006. between Progress Energy Florida, Inc. (hereinafter called the Company) and City of Winter SDrlnas (hereinafter referred to as the .Customer") for lighting service at the above location(s). The Customer agrees to receive and pay for lighting service from the Company in accordance with the rates. terms and provisions of the Company's Rate Schedule l5-1, or its successor, as the same is on file with the Florida Public Service Commission (FPSC) and as may be amended and subsequently filed with the FPSC. To the extent there Is any conflict between this Contract and the Lighting Service Rate Schedule, the lighting Rate Schedule shall control. The Customer further understands that service under this rate shall be for an initial term of ten (10) years and shall continue hereafter until terminated by either party upon written notice sixty (60) days prior to termination. The Company shall install the following facilities (hereinafter called the Facilities): Fixture Type and Number Installed: Type 322100 watt HPS Flagler fixture Qty: 52 Pole Type and Number Installed: Type 49716' Washington concrete pole Qty: 52 Additional facilities: ISSUED BY: Javier J. Portuondo, Manager. Regulatory Services - Florida EFFECTIVE: January 1.2006 Form LS-1 .~ ~~ Progress Energy SECTION NO. VII THIRD REVISED SHEET NO. 7.111 CANCELS SECOND REVISED SHEET NO.7 .111 Page 2 of 4 Rate per Month: The monthly charges consist of the items below. These charges may be adjusted subject to review and approval by the Florida Public Service Commission. Customer Charge Pole Charge Light Fixture Charge Light Fixture Maintenance Charge Energy and Demand Charge: Non-fuel Energy Charge Plus the Cost Recovery Factors listed In Rate Schedule SA-1, Billing Adjustments", except the Fuel Cost Recovery Factor: Fuel Cost Recovery Factor .'; See Sheet No. 6.105 and 6.106 See Sheet No. 6.105 "Charges are normally revised on ail annual basis. Additional Charges: Certain additional charges may also apply to the installation. Gross Receipts Tax Factor: Right-of-Way Utilization Fees: Municipal Tax: Sales Tax: See Sheet No. 6.106 See Sheet No. 6.106 See Sheet No. 6.106 See Sheet No. 6.106 THE CUSTOMER AGREES: 1. To purchase from the Company all of the electric energy used for the operation of the Lighting System. 2. To be responsible for paying, when due, all bills rendered by the Company pursuant to the Company's currently effective Lighting Rate Schedule LS-1, or its successor, for facilities and service provided in accordance with this Contract. 3. To be responsible for trimming trees that may either obstruct the light output from fixture(s) or that obstruct maintenance access to the facilities. IT IS MUTUALLY AGREED THAT: 4. Requests for exchanging facilities, upgrades, relocations. etc. are subject to Section Ill, paragraph 3.05, of the Company's General Rules and Regulations Governing Electric Service. 5. The Company does not guarantee continuous lighting service and will not be liable for damages for any interruption, deficiency or failure of service, and reserves the right to interrupt service at any time for necessary repairs to lines or equipment. Nothing in this Contract is intended to benefit any third party or to impose any obligation on the Company to any such third party. 6. Installation shall be made only when, in the judgment of the Company, the location and the type of the facilities are, and will continue to be, easily and economically accessible to the Company's equipment and personnel for both construction and maintenance. In the event the Customer or its contractor, subcontractor or other agent changes the grading, which requires the Company to move its facilities or otherwise incur costs to ensure compliance with applicable code requirements, Customer shall compensate the Company for all such costs incurred by the Company to comply with any applicable code requirements. In the event Customer fails to pay the Company within 30 days of the completion of such work, Customer shall pay the Company any amounts owing the Company, inCluding interest and any attorneys and other fees and costs the Company incurs to collect any amounts owed to the Company. 7. Modification of the facilities provided by the Company under this Contract may only be made through the execution of a written amendment to this Contract. ISSUED BY: Javier J. Portuondo, Manager, Regulatory Services' Florida EFFECTIVE: January 1, 2006 LS-1 ~ Progress Energy SECTION NO. VII THIRD REVISED SHEET NO. 7.112 CANCELS SECOND REVISED SHEET NO. 7.112 Page 3 of 4 8. The Company will, at the request of the Customer, relocate the lighting facilities covered by this Agreement. if provided sufficient rights-of-way or easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer-requested relocation of the Company's lighting facilities. 9. The Company may, at any time, substitute for any lumlnalre/lamp Installed hereunder another lumlnairellamp which shall be of at least equal illuminating capacity and efficiency. 10. The Customer agrees to take responsibility for the cost incurred to repair or replace any fixture or pole which has been willfully damaged. The Company shall not be required to make such repair or replacement prior to payment by the Customer for damage. 11. The Company will repair or replace malfunctioning lighting fixtures maintained by the Company In accordance with Section 768.1382, Florida Statutes (2005). 12. This Contract shall be for a term of ten (10) years from the date of initiation of service. The date of initiation of service shaD be defined as the date the first lights are energized. At the end of the term of service, a new Contract will be reqUired. 13. Should the Customer fail to pay any bills due and rendered pursuant to this Contract or otherwise fail to perform the obligations contained in this Contract, said obligations being material and going to the essence of this Contract, the Company may cease to supply electric energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Contract. Any failure of the Company to exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of electric energy or service shall not constitute a breach of this Contract by the Company, nor shall It relieve the Customer of the obligation to perform any of the terms and conditions of this Contract. 14. If the Customer no longer wishes to receive service under this schedule, the Customer may terminate the Contract by giving the Company at least sixty (60) days advance written notice to the Company. Upon early termination of service, the Customer shall pay an amount equal to the remaining monthly customer charges and remaining pole and fixture lease amounts for the term of the contract. The Customer will be responsible for the cost of removing the facilities. 15. In the event of the sale of the real property upon which the facilities are installed, or if the Customer's obligations under this Contract are to be aSSigned to a third party, upon the written consent of the Company, this Contract may be assigned by the Customer to the Purchaser or to the third party. No assignment shall relieve the Customer from its obligations hereunder until such obligations have been assumed by the Purchaser or third party and agreed to by the Company. 16. This Contract supersedes all previous contracts or representations, either written, oral or otherwise between the Customer and the Company with respect to the facilities referenced herein and constitutes the entire Contract between the parties. This Contract does not create any rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by the Company to third parties. 17. This Contract shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and the Company. 18. This Contract is subject to the Company's Tariff for Retail Service, or as they may be hereafter revised. amended or supplemented. In the event of any conflict between the terms of this Contract and the provisions of the Company's Tariff for Retail Services. the proviSions of the Company's Tariff for Retail Service and FPSC Rules shall control. or as they may be hereafter revised, amended or supplemented. ISSUED BY: Javier J. Portuondo, Manager, Regulatory Services. Florida EFFECTIVE: January 1,2006 LS-1 ~ Progress Energy SECTION NO. VII THIRD REVISED SHEET NO. 7.113 CANCELS SECOND REVISED SHEET NO. 7.113 Page 4 of 4 19. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this Contract by strikes, lockouts, fires, riots, acts of God, the public enemy, governmental or court actions, lightning, hurricanes, storms, floods, inclement weather that necessitates extraordinary measures and expense to construct facilities and/or maintain operations, or by any other cause or causes not under the control of the party thus prevented from compliance, and the Company shall not have the obligation to furnish service if It is prevented from complying with this Contract by reason of any partial, temporary or entire shut-down of service which, in the sole opinion of the Company, is reasonably necessary for the purpose of repairing or making more efficient all or any part of its generating, transmission, distribution or other electrical equipment. 20. In no event shall the Company, its parent corporation, affiliate corporations, officers, directors, employees, agents, and contractors or subcontractors be liable to the Customer, its emp.loyees, agents or representatives, for any Incidental, indirect, special, consequential, exemplary, punitive or multiple damages resulting from any claim or cause of action, whether brought in contract, tort (including, but not limited to, negligence or strict liability), or any other legal theory. IN WITNESS WHEREOF, the parties hereby caused this Contract to be executed in triplicate by their duly authorized representatives to be effective as of the day and year first written above. Charges and Terms Accepted: Customer (Print or type name of Organization) PROGRESS ENERGY FLORIDA, INC. J~ /" J /11A1-:~~ By: . ,Vi .~~ .. (Signature) By: (Signature) (Print or type name) Linda Burkett (Print or type name) Title: Title: Regional Lighting Specialist ISSUED BY: Javier J. Portuondo, Manager, Regulatory Services. Florida EFFECTIVE: January 1, 2006 LS-1 . . INVOICE ~ork Authorization WR: Customer Representatives Name CITY OF WINTER SPRINGS STEPHAN RICHERT Address City State Zip 1126 E STATE ROAD 434 WINTER SPRINGS FL 32708 Work Description Install lighting along Trotwood and Tuscora using 52 Flagler fixtures on Washington poles and associated ug slreet light circuit. Restoration to be mild compaction and rake level. Customer to sod. Cost Differential $23,197.57 ~Method Terms 9f Payment Contract Price $ 23,197.57 o Cost o Cost plus 15% ~~dvance On or before 20 days after Other o Completion of project o Explain below Other Terms of Payment ZiP of completed project Date Payment Received rogress Energy DCustomer o Job Order AGREEMENT The Customer is responsible for the cost, repair or replacement of (1) sod, trees, shrubbery or other plants damaged in the normal course of performing or gaining access to the above work. and (2) damage to non-Progress Energy underground wires, cOndUit, pipes or other utility facilities that have NOT been staked or located by owner of the facilities. Contract price and terms of payment become Invalid if the signed agreement is not received by Progress Energy on or before .... 30 DAYS. The undersigned hereby authorizes and employs Progress Energy to perform the above job and to furnish labor, necessary facilltles or equipment and I or materials for the above job and agrees to pay in accordance with the terms of payment as noted above. Signature of Above Customer or Representative Date x /~ tV. /}11/!-~ Name (Please print or type) , /)_ (_ ,'b AUTHORIZATION Date /iJz% Name d_cchr JlIint_wr_fin_quole