HomeMy WebLinkAbout2006 03 13 Consent Item 402 Progress Energy TLBD
COMMISSION AGENDA
ITEM
402
CONSENT X
March 13,2006
Meeting
MGR / DEPT
Authorization
REQUEST: The Community Development Department, Urban Beautification Services
Division is requesting authorization to enter into a contract agreement with
Progress Energy for the installation of 105 streetlights (capital cost) along
Northern Way North as part of the Tuscawilla Lighting and Beautification
District (TLBD) Phase 2 Beautification Project.
PURPOSE: This agenda item is needed for the City Commission to approve a contract between the
City of Winter Springs and Progress Energy for the installation of 105 decorative
streetlights as part of the TLBD Phase 2 Beautification Project located on Northern
Way (North side) at a capital cost of $63,400.
CONSIDERATIONS:
On November 14, 2005, the City Commission adopted Resolution 2005-43, "The
Final Improvement Assessment Resolution And Maintenance Assessment Resolution
For The Tuscawilla (Phase II) Assessment Area," which implemented the Capital and
Maintenance Assessment Program for the TLBD Phase II Beautification Project. On February
27, 2006, the City Commission adopted Resolution 2006-14, Accepting the Bank Loan
Proposal from Wachovia Bank (N.A.) in the amount of $430,000 to finance the TLBD
Phase II Project. The loan proceeds were delivered to the City on February 28, 2006 and
were combined with the capital pre-payments that have been collected over the past several
months for a total of $565,000.
1
031306_ COMM_ Consent_ 402_ TLBD _PH2_PE_Streetlight_Agreement_Phase I
The Phase II Beautification Project consists of two components: streetlighting and
street signage. Progress Energy is the exclusive vendor for the City Streetlighting Program
and has proposed a price of $63,400 for the first phase of the streetlighting portion of this
project. Over the past year, the TLBD Advisory Board and Progress Energy have worked
closely together with City Staff in organizing and planning an acceptable construction
schedule that will cause the least amount of disruption to the daily lifestyle of the Tuscawilla
Community. Below is a breakdown of the streetlighting portion of the project from Progress
Energy, divided into (8) construction phases; in chronological order:
Phase Lh!hts Street Construction Cost
1. 105 Northern Way N. $ 63,400 (Marchi April '06)
2. 94 Northern Way S.
3. 60 Shetland I Dyson
4. 64 Deer Run
5. 54 Trotwood I Tuscora
6. 36 Vistawilla
7. 74 Seneca
8. 48 Tuscora I Greenbrier
Progress Energy is unable to provide an exact construction timeline at this time,
however, it is estimated that the entire TLBD Phase II Beautification Project will take up to
two (2) years from start to completion. Staff expects to bring a more accurate construction
time line to the City Commission within 4 to 6 months.
FUNDING:
Funding for the TLBD Phase II Beautification Project (Phase I - Northern Way North),
in the amount of $63,400, will be taken from the TLBD Improvement Fund (Phase II) -
Line Code (313-65000-30106).
2
031306_ COMM_ Consent_ 402_TLBD _PH2]E_Streetlight_Agreement]hase I
RECOMMENDATION:
Staff recommends the City Commission approve contacting with Progress Energy for
the TLBD Phase II Beautification Project, Phase I, in the amount of $63,400, to be taken from
the TLBD Improvement Fund (Phase II).
IMPLEMENTATION SCHEDULE:
The TLBD Phase II Beautification Project (Phase I - Northern Way North) will be
implemented immediately with construction scheduled to begin in March / April 2006.
ATTACHMENTS:
1. Progress Energy - Lighting Solutions Proposal # 1283445
2. Progress Energy - Lighting Service Application #1283445
3. Phase II Project Map
COMMISSION ACTION:
3
Attachment 1
Progress Energy
Lighting Solutions
Proposal
1/5/2005
2/27/2006
Gilbert DeFreitas
Project Winter Springs
Location Northern Way North
Contact Steven Richart
407-327-1800, x 315
Project Summary
Install decorative street lighting at approximately 125 ft spacing with
alternating pattern and associated underground wire, trench and
apputenances.
Restoration process is to rake level with light compaction.
Quantity Product Description Monthly Product per unit costs'
Required Fixtures and Poles Product Rental Total Maintenance Energy & Fuel
105 100 watt, HPS, Flagler fIxture $20.12 $2,112.60 $1.58 $3.44
105
16 ft. Decorative concrete, Washington pole $19.95 $2,094.75
$0.00
$0.00
I Monthly $4,207.35
Product Summary and Monthly estimate
I Total- Rent, Maintenance and Energy** $4,207.35
I Lighting Deposit Required $0.00
IEstimated Up front costs (CIAC), if applicable $63,400.00
Energy & Maint Included
Estimate only, Actual CIAC will be calculated after signed contract.
.. excludes taxes and other associate charges
Attachment 2
Progress Energy
ACCOUNT NUMBER
WORK REQUEST NUMBER
1283445
PROG~ENERGYCONTACT
LIGHTING SERVICE APPLICATION
G M DeFreitas
DATE INSTALLED
CUSTOMER NAME:
City of Winter Springs
SERVICE LOCATION(S):
MAILING ADDRESS:
Northern Way, North Side, Winter Springs, FL 32708
Accounts Payable, 1126 E State Road 434, Winter Springs, FL. 32708
(Street address, city/county, Progress Energy account number if established)
Application is hereby made to the Progress Energy (hereinafter called the Company or Progress Energy) for lighting service at the above
location(s). City of Winter Springs, (hereinafter called the Customer) requests and agrees on this 10th. day of January, 2006 to receive
and pay for lighting service from the Company in accordance with the rates, terms and provisions of the Company's Rate Schedule LS-l"
its successor, as the same is on file with the Florida Public Service Commission (FPSC) and as may be amended and subsequently filed wi
the FPSC.
The Customer further understands that service under this rate shall be for an initial term of six (6) 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
L76, 100 watt, HPS Flagler Light Fixture
# Installed
105
Pole Type
PLBC16W, 16 ft., Deco concrete Washington pole
# Installed:
105
IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized
representatives to be effective as of the day and year first written above. Customer accepts terms and conditions on reverse side of
this Agreement.
Charges and Terms Accepted:
PROGRESS ENERGY
Customer (Print or type name of Organization)
By:
By:
(Signature)
(Signature)
(Print or type name)
Gilbert M DeFreitas
(print or type name)
Title:
Title:
Lighting Specialist
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.
Monthly Customer Charge
Pole Monthly Leasing Fee
Light Fixture Monthly Leasing Fee
Light Fixture Monthly Maintenance Fee
Monthly Energy and Demand Charge ** See Sheet No. 6.105
Fuel Cost Recovery Factor**:
"Fuel and Energy and Demand Charges are normally revised every twelve months
Additional Cltar2es:
Certain additional charges may also apply to the installation.
Gross Receipts Tax Factor:
Right-of-Way Utilization Fees:
Municipal Tax:
Sales Tax:
These charges are normally revised on an annual basis.
See Sheet No. 6.106
See Sheet No. 6.106
See Sheet No. 6.106
See Sheet No. 6.106
Please see attached Sheet Numbers 6.105 and 6.106 for details.
THE CUSTOMER AGREES:
1. To purchase from Progress Energy 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 Progress Energy pursuant to Progress Energy's currently effective Lighting Rate Schedule LS-l, or its
successor, for facilities and service provided in accordance with this Agreement.
3. 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. Progress Energy, while exercising reasonable diligence at all times to furnish service hereunder, does not guarantee continuous lighting 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.
5. Installation shall be made only when, in the judgment of Progress Energy, the location and the type of the facilities are, and will continue to be, easily and
economically accessible to Progress Energy equipment and personnel for both construction and maintenance.
6. Modification of the facilities provided by Progress Energy under this Agreement may only be made through the execution of an additional Agreement delineating
the modifications to be accomplished.
7. Progress Energy 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 Progress Energy's lighting
facilities.
8. Progress Energy may, at any time, substitute for any luminaire/lamp installed hereunder another luminaire/lamp which shall be of at least equal illuminating
capacity and efficiency.
9. The Customer agrees to take responsibility for the cost incurred to repair or replace any fixture or pole that has been willfully damaged. Progress Energy shall not
be required to make such repair or replacement prior to payment by the Customer for damage.
10. This agreement shall be for a term of six (6) years from the date of initiation of service. The date of initiation of service shall be defined as the date the first lights are
energized. At the end of the term of service, a new Agreement will be required.
11. Should the Customer fail to pay any bills due and rendered pursuant to this Agreement or otherwise fail to perform the obligations contained in this Agreement,
said obligations being material and going to the essence of this Agreement, Progress Energy 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 Agreement. Any failure of Progress Energy 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
Agreement by Progress Energy, nor shall it relieve the Customer of the obligation to perform any of the terms and conditions of this Agreement.
12. If the Customer no longer wishes to receive service under this schedule, the Customer may terminate the Agreement by giving Progress Energy at least sixty (60)
days advance written notice to Progress Energy. 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.
13. In the event of the sale of the real property upon which the facilities are installed, or if the Customer's obligations under this agreement are to be assigned to a third
party, upon the written consent of Progress Energy, this Agreement 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 Progress Energy.
14. This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the Customer and Progress Energy, with respect
to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create any rights or provide any remedies to
third parties or create any additional duty, obligation or undertakings by Progress Energy to third parties.
15. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and Progress Energy.
16. This agreement is subject to Progress Energy'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 Agreement and the provisions of the Progress Energy Tariff for Retail Services, the provisions of Progress Energy's Tariff for Retail
Service and FPSC Rules shall control, or as they may be hereafter revised, amended or supplemented.
Progress Energy
SECTION NO. VI
FIFTY- SEVENTH REVISED SHEET NO. 6.105
CANCELS FIFTY- SIXTH REVISED SHEET NO. 6.105
Page 1 of 2
RATE SCHEDULE BA-1
BILLING ADJUSTMENTS
Applicable:
To the Rate Per Month provision in each of the Company's filed rate schedules which reference the billing adjustments set forth below.
COST RECOVERY FACTORS
,pI kWh
Rate Schedulel Fuel (1)
Metering Level Levelized On-Peak Off-Peak ECCR (2) CCR(3) ECRc(4) SCRS (5)
RS-1, RST-1, RSL-1, 3.918 5.046 3.436 0.169 0.875 0.127 0.327
RSL-2, RSS-1 (Sec.)
GS-1, GST-1
Secondary 3.918 5.046 3.436 0.157 0.793 0.124 0.308
Primary 3.879 4.996 3.402 0.155 0.785 0.123 0.305
Transmission 3.840 4.946 3.368 0.154 0.777 0.122 0.302
GS-2 (Sec.) 3.918 - - 0.116 0.507 0.103 0.142
GSD-1, GSDT-1, SS-1
Secondary 3.918 5.046 3.436 0.143 0.697 0.115 0.242
Primary 3.879 4.996 3.402 0.142 0.690 0.114 0.240
Transmission 3.840 4.946 3.368 0.140 0.683 0.113 0.237
CS-1, CST-1, CS-2,
CS-3, CST-3, SS-3
Secondary 3.918 5.046 3.436 0.133 0.630 0125 0.341
Primary 3.879 4.996 3.402 0.132 0.624 0.124 0.338
Transmission 3.840 4.946 3.368 0.130 0.617 0.124 0.334
IS-1, IST-1, IS-2,
IST-2, SS-2
Secondary 3.918 5.046 3.436 0.119 0.534 0.106 0.166
Primary 3.879 4.996 3.402 0.118 0.529 0.105 0.164
Transmission 3.840 4.946 3.368 0.117 0.524 0.104 0.163
LS-1 (Sec.) 3.737 - - 0.064 0.156 0.115 0.255
GSLM-1, GSLM-2 See appropriate General Service rate schedule
(1) Fuel Cost Recovery Factor:
The Fuel Cost Recovery Factors applicable to the Fuel Charge under the Company's various rate schedules are normally determined annually by the
Florida Public Service Commission for the billing months of January through December. These Factors are designed to recover the costs of fuel and
purchased power (other than capacity payments) incurred by the Company to provide electric service to its customers and are adjusted to reflect
changes in these costs from one period to the next. Revisions to the Fuel Cost Recovery Factors within the described period may be determined in
the event of a significant change in costs.
(2) Energy Conservation Cost Recovery Factor:
The Energy Conservation Cost Recovery (ECCR) Factor applicable to the Energy Charge under the Company's various rate schedules is normally
determined annually by the Florida Public Service Commission for twelve-month periods beginning with the billing month of January. This Factor is
designed to recover the costs incurred by the Company under its approved Energy Conservation Programs and is adjusted to reflect changes in these
costs from one twelve-month period to the next.
ISSUED BY: Javier J. Portuondo, Director, Regulatory Services - Florida
EFFECTIVE: August 1, 2005
SECTION NO. VI
NINETEENTH REVISED SHEET NO. 6.106
CANCELS EIGHTEENTH REVISED SHEET NO. 6.106
rogress Energy
Page 2 of 2
RATE SCHEDULE BA-1
BILLING ADJUSTMENTS
(Continued from Page 1)
(3) Capacity Cost Recovery Factor:
The Capacity Cost Recovery (CCR) Factors applicable to the Energy Charge under the Company's various rate schedules are normally
determined annually by the Florida Public Service Commission for the billing months of January through December. This factor is designed
to recover the cost of capacity payments made by the Company for off-system capacity and is adjusted to reflect changes in these costs
from one period to the next.
(4) Environmental Cost Recovery Clause Factor:
The Environmental Cost Recovery Clause (ECRC) Factors applicable to the Energy Charge under the Company's various rate schedules
are normally determined annually by the Florida Public Service Commission for the billing months of January through December. This
factor is designed to recover environmental compliance costs incurred by the Company and is adjusted to reflect changes in these costs
from one period to the next.
(5) Storm Cost Recovery Surcharge:
In accordance with the Florida Public Service Commission's ruling in Docket No. 041272-EI, a Storm Cost Recovery Surcharge
(SCRS) factor is applicable to the Energy Charge under the Company's various rate schedules for the billing months of August, 2005
through July, 2007. This surcharge is designed to recover extraordinary expenditures incurred by the Company for storm damage restoration
related to Hurricanes Charley, Frances, Jeanne and Ivan during 2004.
Gross Receipts Tax Factor:
In accordance with Section 203.01 of the Florida Statutes, a factor of 2.5641 % is applicable to electric sales charges for collection of the
state gross receipts tax.
Right-of-Way Utilization Fee:
A Right-of-Way Utilization Fee is applied to the charges for electric service (exclusive of any Municipal, County. or State Sales Tax) provided
to customers within the jurisdictional limits of each municipal or county governmental body or any unit of special-purpose government or
other entity with authority requiring the payment of a franchise fee. tax, charge, or other imposition whether in money, service, or other
things of value for utilization of rights-of-way for location of Company distribution or transmission facilities. The Right-of-Way Utilization Fee
shall be determined in a negotiated agreement (i.e., franchise and other agreements) in a manner which reflects the Company's payments
to a governmental body or other entity with authority plus the appropriate gross receipts taxes and regulatory assessment fees resulting from
such additional revenue. The Right-of-Way Utilization Fee is added to the charges for electric service prior to the application of any
appropriate taxes.
Municipal Tax:
A Municipal Tax is applied to the charge for electric service provided to customers within the jurisdictional limits of each municipal or other
governmental body imposing a utility tax on such service. The Municipal Tax shall be determined in accordance with the governmental
body's utility tax ordinance, and the amount collected by the Company from the Municipal Tax shall be remitted to the governmental body in
the manner required by law. No municipal tax shall apply to fuel charges in excess of 0.699~/kWh.
Sales Tax:
A State Sales Tax is applied to the charge for electric service provided to all non-residential customers and equipment rental provided to all
customers (unless a qualified sales tax exemption status is on record with the Company). The State Sales Tax shall be determined in
accordance with the State's sales tax laws. The amount collected by the Company shall be remitted to the State in the manner required by
law. In those counties that have enacted a County Discretionary Sales Surtax, such tax shall be applied and paid in a like manner.
Governmental Undergrounding Fee:
Applicable to customers located in a designated Underground Assessment Area within a local government (a municipality or a county) that
requires the Company to collect a Governmental Undergrounding Fee from such customers to recover the local government's costs of
converting overhead electric distribution facilities to underground facilities. The Governmental Undergrounding Fee billed to a customer's
account shall not exceed the lesser of (i) 15 percent of a customer's total net electric service charges, or (ii) a maximum monthly amount of
$30 for residential customers and $50 for each 5,000 kilowatt-hour increment of consumption for commercial/industrial customers. unless
the Commission approves a higher percentage or maximum monthly amount. The maximum monthly amount shall apply to each line of
billing in the case of a customer receiving a single bill for multiple service points, and to each occupancy unit in the case of a master
metered customer. The Governmental Undergrounding Fee shall be calculated on the customer's charges for electric service before the
addition of any applicable taxes.
ISSUED BY: Javier J. Portuondo, Director, Regulatory Services - Florida
EFFECTIVE: August 1, 2005
Attachment #3
Project Area Map
Green = Existing (WS Blvd)
Red - Proposed Streets