2011-90 SECTION NO VII
Progress Energy ORIGINAL SHEET NO
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UNDERGROUND CONVERSION AGREEMENT BASED ON A BiNDING COST ESTIMATE
THIS UNDERGROUND CONVERSION AGREEMENT (the "Agreement ") entered into this _14th_ day
of _November_, _2011_ (the "Effective Date ") by and between Florida Power Corporation, d/b /a Progress Energy
Florida, Inc ( "PEF ") and _City of Clermont _(the "Applicant "). PEF and the Applicant shall be referred to
individually as a "Party" and collectively as the "Parties."
WiTNESSETH:
WHEREAS, the Applicant desires to have PEF relocate and replace certain of its existing overhead distribution
lines and related facilities with new underground distribution lines and related facilities, all as noted in the Work
Request, which is attached hereto and incorporated herein as Exhibit A, and
WHEREAS, PEF is willing to relocate and replace the aforesaid existing overhead facilities with the new
facilities set forth in the attached Work Request ( "Facilities ") at the locations set forth more specifically in the
attached Work Request ( "Cable Route "), and
WHEREAS, Applicant has paid a deposit in the amount of $802 00 ( "Deposit ") and requested a binding
estimate ( "Binding Cost Estimate ") of the total cost it will be responsible to pay PEF for the Relocation Work (as that
term is defined below), and
WHEREAS, PEF has provided Applicant with the Binding Cost Estimate (in the amount referenced in Article 7
below) and in consideration of PEF's performance of the Relocation Work, Applicant agrees to pay PEF the Binding
Cost Estimate as it may be adjusted in accordance with the terms of this Agreement below,
NOW THEREFORE, in consideration of the foregoing and of the mutual promises contained herein, the
receipt and sufficiency of which are hereby acknowledged and intending to be legally bound, PEF and the Applicant
hereby agree as follows
ARTICLE 1. RECITALS
The foregoing recitals are true and correct and are a part of this Agreement
ARTICLE 2. DEFINITIONS
"Additional Work " - Shall mean the additional work to be performed by PEF with respect to this underground
conversion project beyond the Relocation Work, as said Additional Work may be authorized by the Parties in
accordance with the terms of this Agreement
"Additional Binding Cost Estimate " - Shall have the meaning given to it in Article 9 of this Agreement
"Additional Deposit " - Shall have the meaning given to it in Article 9 of this Agreement
"Agreement " - Shall mean this Underground Conversion Agreement entered into between the Parties
"Applicant " - Shall mean the counter party to PEF under this Agreement as noted in the above first paragraph of this
Agreement
"Applicant Delay " - Shall have the meaning given to it in Article 8 of this Agreement
"Binding Cost Estimate " - Shall have the meaning given to it in the recitals above and in Article 7 of this Agreement
"Cable Route " - Shall have the meaning given to it in the recitals above
"CPR " - Shall have the meaning given to it in Article 17 of this Agreement
"Deposit " - shall have the meaning given to it in the recitals above
"Effective Date " - Shall be the date entered in the above first paragraph of this Agreement
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE: 11/14/2011
w ' Progress Energy ORIGINAL SHEET NO CTION NO VII
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"Facilities " - Shall mean the facilities specifically described and detailed in the Work Request
"Final Price " - Shall have the meaning given to it in Article 7 of this Agreement
"Final Statement " - Shall have the meaning given to it in Article 7 of this Agreement
"Force Majeure " - Shall have the meaning given to it in Article 14 of this Agreement
"Notice to Proceed " - Shall mean duly authorized and executed written notice given by the Applicant to PEF
requesting PEF to proceed with the Relocation Work (or Additional Work, if any) under the terms and conditions of
this Agreement
"Party " - Shall mean any single party to this Agreement
"Parties " - Shall mean both parties to this Agreement
"PEF " - Shall mean Progress Energy Florida, Inc
"Relocation Work " - Shall mean only that work which is specifically described and detailed in the Work Request and
Article 4 of this Agreement.
"Work " - Shall mean the Relocation Work and the Additional Work
"Work Request " - Shall mean the documents attached to this Agreement as Exhibit A
ARTICLE 3. CONDITIONS PRECEDENT
3 1 Notwithstanding any other provision hereof to the contrary, this Agreement and the rights and obligations
of the Parties set forth herein are expressly subject to and contingent upon
A Applicant securing all required easements and rights -of -way for the performance of the Relocation Work,
B Applicant receiving funding adequate for the payment of all costs and expenses that will be due and owing
by Applicant to PEF under this Agreement, and the Applicant providing reasonable evidence to PEF that Applicant
has received or otherwise secured such funding,
C The issuance by governmental agencies of all required permits and approvals necessary for the
performance by both Parties under this Agreement;
D. Applicant paying PEF all funds that are required by this Agreement to be paid prior to PEF beginning the
Relocation Work, and
E Applicant obtaining written confirmation from all affected PEF customers agreeing to accept underground
service upon customer's property
3.2 In the event the conditions in this Article have not been fulfilled or satisfied within days of the
Effective Date of this Agreement, either Party may terminate this Agreement upon written notice to the other Party
with no obligation or liability under this Agreement to the other Party resulting from such termination (other than
PEF's right to retain the Deposit), or the Parties may mutually agree upon an extension of time within which such
conditions may be met Notwithstanding anything herein to the contrary, PEF shall not be required to proceed with
the Relocation Work unless and until the above noted conditions precedent have been satisfied or mutually waived
in writing by the Parties Further, notwithstanding anything herein to the contrary, it is the intention of the Parties
that the provisions of this Article 3 also shall apply to any Additional Work, so that the Parties' rights and
obligations with respect to any such Additional Work is expressly subject to and contingent upon the satisfaction of
the conditions set forth above within 45 days of the date of the amendment authorizing such Additional Work, and
failing which either Party may terminate the subject amendment upon written notice to the other Party with no
obligation or liability under this Agreement or that amendment to the other Party resulting from such termination
(other than PEF's right to retain the Additional Deposit, if any), or the Parties may mutually agree upon an extension
of the time within which such conditions may be met
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE. 11/14/2011
Progress Energy &5 SECTION NO VII
ORIGINAL SHEET NO
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ARTICLE 4 PEF'S SCOPE OF WORK
4 1 In consideration of the payments by Applicant of the amounts set forth in Article 7 below, PEF shall
provide (except to the extent excluded in the Work Request) the following as part of the Relocation Work
A Dismantle and at PEF's discretion salvage or dispose of existing overhead distribution lines and facilities
which will be replaced by the Facilities,
B Design, permit, install and test the Facilities within the designated locations in the Cable Route,
C Install, by directional bore, open - trench or such other means or methods as PEF may determine in its sole
discretion, all new primary and secondary cable, wire, conduit and appurtenances,
D Perform all Relocation Work in accordance with applicable laws, including locating, positioning and
installing (at PEF's sole discretion) switchgear, pad- mounted transformers, service pedestals, pull boxes, and other
related distribution equipment in accordance with the National Electrical Safety Code and other applicable industry
standards, if any,
E Modify existing PEF distribution facilities located outside the Cable Route boundary as determined by PEF
in its sole discretion for connection to the Facilities,
F To the extent authorized in the Work Request and to the extent the Applicant has obtained the necessary
consents of the residential service users to the conversion, coordinate with such users and convert affected
residential service laterals from overhead to underground,
G Procure and maintain such insurance as PEF may determine in its sole discretion is appropriate to cover
property damage, personal injury and general liability of PEF and its contractors, if any, arising out of or relating to
their performance of the Relocation Work;
H Provide reasonable notice to PEF's customers regarding planned interruptions of electric service
occasioned by the Relocation Work, and,
I Maintain a safe work site in compliance with applicable laws, rules and safety standards pertaining to
installation of the Facilities
4 2 The above noted provisions also shall apply to and be deemed a part of any Additional Work hereafter
authorized by the Parties in accordance with the terms set forth herein, except to the extent otherwise expressly
noted in the applicable amendment
ARTICLE 5. APPLICANT'S RESPONSIBILITIES
The following are Applicant's responsibilities, to be provided or satisfied by Applicant at no cost to PEF
A Within 30 days of the Effective Date, Applicant shall provide a Notice to Proceed for the Relocation Work
to PEF, and shall convey to PEF a non - exclusive and irrevocable license to use any easement, right -of -way or other
appropriate real property interest which Applicant has with respect to the performance of the Relocation Work and
the delivery of utility services thereafter by PEF Subject to the other terms of this Agreement, upon receipt of the
Notice to Proceed, PEF shall commence with the performance of the Relocation Work. PEF shall notify Applicant,
in writing, when PEF believes it has received all necessary easements and rights -of -way for the Relocation Work to
be obtained and provided by Applicant,
B With respect to any Additional Work authorized by the Parties in accordance with the terms set forth
herein, each amendment authorizing any such Additional Work shall address the date by when Applicant is to
provide a Notice to Proceed for the subject Additional Work, as well as the date by when Applicant shall convey to
PEF a non - exclusive and irrevocable license to use any easement, right -of -way or other appropriate real property
interest which Applicant has with respect to the performance of the subject Additional Work and the delivery of
utility services thereafter by PEF PEF shall notify Applicant in writing when PEF believes it has received all
necessary easements and rights -of -way for the subject Additional Work to be obtained and provided by Applicant
Subject to the other terms of this Agreement and the applicable amendment, PEF shall not commence performance
of the subject Additional Work until all conditions to be fulfilled by Applicant as to that Additional Work have been
satisfied and PEF has received Applicant's Notice to Proceed for that subject Additional Work,
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE 11/14/2011
SECTION NO VII
Progress Energy
ORIGINAL SHEET NO
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C The Applicant shall cooperate and assist PEF's permitting efforts with respect to the Work and shall not
take any action (or fail to take any action required of it) that violates the conditions of any permits and approvals
from any applicable governmental entities so as to allow PEF to (a) relocate the Facilities within the Cable Route,
(b) cross any federal, state, or local highway or cross any rail lines or corridors along the Cable Route necessary to
relocate the Facilities, and (c) otherwise perform the Work as planned by PEF;
D With respect to all easements and rights -of -way to be provided by Applicant, it is Applicant's responsibility
to clear, survey, stake, and grade to within six inches of final grade, at no cost to PEF, all such easements and rights -
of -way All such clearing, surveying, staking and grading must be accomplished by Applicant so as to cause no
delay to PEF's performance of the Work. Accordingly, as part of its clearing and grading obligation hereunder,
Applicant is responsible for all removal and restoration of buildings, roads, driveways, sidewalks, patios, fences,
ditches, landscaping, sprinkler systems, and all other improvements or utilities located within the easements and
rights -of -way to be provided by Applicant, at no cost to PEF, all such removal and restoration work located within
the easements and rights -of -way to be performed so as to cause no delay to the performance of the Work by PEF,
E Applicant shall provide traffic management along affected roadways within the Cable Route,
F Applicant is responsible for making all arrangements necessary with all other utilities or point users of
PEF's above ground facilities (including telephone and cable) to remove their equipment and facilities at no cost to
PEF and in a manner and schedule so as not to delay PEF's performance of the Work. Applicant shall acquire all
contracts or agreements required to provide for the timely removal of all such point users' equipment and facilities,
and provide a copy of all such contracts and agreements to PEF upon request from PEF,
G Applicant is responsible for ensuring that PEF's distribution facilities are not damaged, destroyed or
otherwise disturbed during the performance of Applicant's responsibilities hereunder This obligation extends not
only to Applicant's employees, but also to any contractors, subcontractors, consultants or agents of Applicant
Applicant is responsible for the full cost of repairing any such damage, destruction or disturbance, and
H Applicant is responsible for making all necessary arrangements with all affected PEF customers to prepare
their premises and service entrance in a timely manner for underground service, so as not to delay PEF's
performance of the Work All such consents, arrangements, and preparations shall be provided by Applicant at no
cost to PEF
ARTICLE 6 TERM
The Term of this Agreement shall commence upon the Effective Date and shall continue until the end of the
period set forth in Article 8, unless terminated earlier by a Party in accordance with the terms set forth herein.
ARTICLE 7. PRICE AND PAYMENT TERMS
A. PEF has provided Applicant, and Applicant has accepted, the Binding Cost Estimate of PEF's costs to
perform the Relocation Work in the amount of $395,401 88, which is the price to be paid by Applicant for the
Relocation Work performed by PEF under this Agreement, subject to adjustment for the Final Price in accordance
with the provision of this Article
B The Binding Cost Estimate shall be paid by Applicant in accordance with the Payment Schedule attached
hereto and incorporated herein as Exhibit B. With respect to any Additional Work authorized hereunder, the
compensation to be paid PEF for such Additional Work, including the payment of any Additional Deposit and
Additional Binding Cost Estimate amount for such Additional Work, shall be made by Applicant in accordance with
the terms set forth in the subject amendment authorizing that Additional Work
C Because the Binding Cost Estimate is only for the Relocation Work to be performed by PEF, it does not
cover the costs associated with Applicant's performance of its responsibilities with respect to this Project, which
costs include the cost of. (a) conversion of customers' meter bases to accommodate underground service, (b) an
underground street lighting system, (c) easement acquisition, (d) restoration of landscaping, sprinkler system
sidewalks, road pavement and other existing improvements within the required easements or rights -of -way, and (e)
underground conversion or relocation of other utilities' facilities (telephone, cable, etc )
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE: 11/14/2011
SECTION NO VII
Progress Energy
ORIGINAL SHEET NO
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D The Parties acknowledge that the Binding Cost Estimate and any Additional Binding Cost Estimate(s) are
based on estimates of the various cost components that comprise the Relocation Work and Additional Work, and
that the actual cost of the Work subject to the Binding Cost Estimate and Additional Binding Cost Estimate(s) may
be more or less than the amounts reflected in the Binding Cost Estimate and applicable Additional Binding Cost
Estimates Within approximately ninety (90) days following the completion of the Work, PEF shall furnish to
Applicant an itemized statement signed by an authorized representative of PEF setting forth the actual final costs of
the Work ( "Final Statement ") The sums of the final actual costs of the Relocation Work plus the Additional Work
(if any) is the final price to be paid hereunder by Applicant to PEF ( "Final Price "); provided, however, in no event
may a sum of more than 10% above the Binding Cost Estimate for the Relocation Work or a sum of more than 10%
above the Additional Binding Cost Estimate for any particular Additional Work, be included in the Final Price
amount If the sum of all payments theretofore made by Applicant for the Work (including the Deposit and any
Additional Deposits) is less than the Final Price, Applicant shall pay the remaining balance to PEF within thirty (30)
days after presentment of the Final Statement by PEF If the sum of such payments made by Applicant for the Work
is greater than the Final Price, PEF shall refund the difference to Applicant within thirty (30) days after the
presentment of the Final Statement If Applicant objects to any of the amounts reflected in the Final Statement,
Applicant shall provide PEF with written notice of same, stating in detail the objections Applicant has to the Final
Statement Applicant shall provide that written notice within fourteen (14) calendar days of receiving the Final
Statement All items in the Final Statement not expressly objected to by Applicant in writing within said fourteen
(14) day period shall be deemed accepted by Applicant as being final and binding, without any further right to
challenge or appeal such items
E If Applicant fails to pay any amount owed PEF hereunder when due, such past due amounts shall accrue
interest at the rate of 18% per annum or the maximum legal rate, whichever is lower Further, if Applicant fails to
make any undisputed payment owed PEF hereunder within five (5) business days of receiving written notice from
PEF that such payment is past due, PEF may suspend performance of all or any portion of the Work until such past
due amounts have been paid in full Any such suspension shall be deemed an Applicant Delay (as defined in Article
8 below) and Applicant shall be liable for all costs and damages incurred by PEF as provided in Article 8
ARTICLE 8 WORK SCHEDULING
A Upon PEF's receipt of Applicant's Notice to Proceed and the satisfaction or mutual waiver of the
conditions precedent set forth in Article 3 above, PEF will commence performance of the Relocation Work
B PEF shall endeavor to complete the Relocation Work by July 1, 2012, as said date may be extended for reasons
beyond the fault or control of PEF
C PEF may utilize contractors in the performance of the Work, but such use of contractors shall not relieve
PEF of any of its obligations under this Agreement Any such contractor shall not be considered a contractor to
Applicant and Applicant shall not enter into any contracts directly with any such contractors during the term of this
Agreement regarding any work associated with the conversion project anticipated under this Agreement
D If the Work falls behind schedule: (i) for reasons due to a Force Majeure event (as defined in Article 14) or
any other reason not due to the fault or beyond the control of PEF, its contractors, agents or employees, (ii) as the
result of the actions or inactions of Applicant, its contractors, employees or agents ( "Applicant Delay "), or (in) as a
result of the actions or inactions of any third parties, the time period referenced in Section 8 B above shall be
extended for each such day of delay Further, in the event of any such delay, PEF, at its sole discretion, may accelerate
the performance of the Work to mitigate the impact of such delay on the schedule To the extent the delay is
attributable to an Applicant Delay, Applicant shall be liable to PEF for all increased costs and expenses incurred by
PEF, including any acceleration or other schedule impact costs and delay damages incurred by PEF or its
contractors, as a result of such delay All such increased cost and expenses, damages, acceleration and other impacts
associated with any such delay shall be deemed Additional Work under this Agreement If Applicant refuses to
execute an amendment to this Agreement reasonably acceptable to PEF equitably adjusting PEF's time and
compensation under this Agreement for such Additional Work, among any other rights or remedies it may have
hereunder, PEF may suspend all or any portion of the Work until such time as that amendment is executed by the
Parties and delivered to PEF. If the delay is due to any reason other than an Applicant Delay or the fault or neglect
of PEF, Applicant shall have the right to request PEF to accelerate its performance of the Work, to the extent
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE: 11/14/2011
w SECTION NO VII
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ORIGINAL SHEET NO
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commercially reasonably possible, in an attempt to mitigate the impact of the delay upon the schedule Provided,
however, PEF shall perform such requested acceleration work only if the Parties reach written agreement upon the
scope and the time and compensation adjustment for such acceleration work, which agreement shall be in the form
of an amendment to this Agreement, and the acceleration work shall be deemed Additional Work hereunder Until
such amendment is executed by the Parties, PEF shall have no obligation to accelerate its performance of the Work
as a result of any such delay If the Work falls behind schedule for reasons attributable to the fault or neglect of
PEF, its contractors, agents or employees, PEF shall, to the extent commercially reasonably possible and as
Applicant's sole and exclusive remedy for any such delay, accelerate its performance of the Work in an attempt to
mitigate the impact of such delay upon the schedule, at no increased cost to Applicant
ARTICLE 9. ADDITIONAL WORK
,\
Any Additional Work to be performed by PEF beyond the Relocation Work with respect to this underground conversion
project must be authorized by a written amendment to this Agreement executed by both Parties PEF shall not be
required to perform any Additional Work except to the extent a mutually acceptable amendment is executed by the
Parties that sets forth the scope, compensation, schedule and other relevant terms concerning such Additional Work To
the extent the Additional Work involves the underground conversion of overhead facilities owned by PEF that are not
included within the scope of Relocation Work, Applicant may request PEF to provide a binding estimate for the cost of
such Additional Work ( "Additional Binding Cost Estimate ") In the event that Applicant makes such a request,
Applicant shall be required to pay an additional deposit ( "Additional Deposit ") in an amount to be mutually agreed to by
the Parties If the Parties fail to reach agreement on the Additional Deposit or Applicant otherwise fails to pay the
Additional Deposit, PEF shall not be required to provide the Additional Binding Cost Estimate. In the event an
Additional Binding Cost Estimate is provided by PEF for certain Additional Work, but the parties fail to reach
agreement on the amendment for such Additional Work within 180 days from the date the Additional Binding Cost
Estimate is provided to Applicant, besides not being required to perform such Additional Work, PEF shall retain the
Additional Deposit as compensation for preparing and providing the Additional Binding Cost Estimate In the event
Applicant requires PEF to relocate all or any part of the Facilities from the Cable Route subsequent to the initial
installation, such work shall be performed by PEF at the sole cost and expense of Applicant and shall be considered
Additional Work authorized by the Parties All terms, conditions, covenants and obligations contained in this
Agreement shall govern the Parties' respective duties and responsibilities in connection with the performance of
such relocation work Notwithstanding anything herein to the contrary, in the event Applicant requests PEF to
perform additional underground conversion work beyond the scope of the Work then authorized by this Agreement, PEF
shall have the right to require any such work be performed pursuant to a new and separate agreement between the
Parties
ARTICLE 10. DIFFERING SITE CONDITIONS; INSPECTIONS BY THE APPLICANT
A PEF shall stop the performance of the Work and immediately notify Applicant, if any of following differing or
changed site conditions is discovered.
1 Subsurface or latent physical conditions in the Cable Route differing materially from those anticipated
by PEF in preparing its Binding Cost Estimate or Additional Binding Cost Estimate, as applicable;
or
2 Other conditions, differing materially from those reflected in any information or documents concerning
site conditions provided to or obtained by PEF or of a nature not ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Agreement
B As soon as practical after such notice, PEF shall provide Applicant a written notice including a general
descnption of any such differing or changed site conditions, a determination of whether PEF can proceed with the Work
despite such conditions and, if so, whether such conditions will cause an increase or decrease in the cost of, or the time
required for, performance of the Work Upon receipt of any such notice, and if PEF has determined it can proceed
with the Work, Applicant may either (i) request the Work to proceed, in which event, all increased and additional
work incurred by PEF in response to the differing or changed conditions shall be deemed Additional Work subject
to the terms of Article 9 above, (ii) request PEF to otherwise modify the scope of the Work to avoid the cost of the
differing or changed conditions on terms mutually acceptable to both Parties, or (iii) request PEF to discontinue the
Work and demobilize its work force Applicant shall issue its request in writing to PEF as soon as possible, but in
any event, within five (5) business days from its receipt of the notice In the event Applicant exercises its right
under (iii) above, it shall be considered a termination for convenience by Applicant and PEF shall determine the
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE. 11/14/2011
S SECTION NO VII
Progress Energy
ORIGINAL SHEET NO
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Final Price based on the Work performed, including PEF's reasonable demobilization costs The Parties
acknowledge that any costs associated with differing or changed site conditions are separate and not included in the
Binding Cost Estimate or any Additional Binding Cost Estimate
C The discovery of hazardous material within the Cable Route, not specifically identified in either the Work
Request or applicable amendment with respect to its location and quantity, shall be deemed to be a differing site
condition pursuant to this Article If hazardous materials are discovered, PEF shall give prompt notice to Applicant of
such discovery and stop that portion of the Work affected by such materials, and PEF shall not recommence such portion
of the Work until Applicant, at no cost to PEF, has removed or otherwise neutralized such hazardous materials to PEF's
satisfaction Any such suspension of the Work being deemed an Applicant Delay, with Applicant being responsible for
all costs and damages as provided in Article 8 above. To the maximum extent permitted by law, Applicant agrees to
indemnify, defend and hold PEF and its contractors, employees and agents harmless from any cost, expense, damage,
claim, liability, obligation, demand, loss, cause of action, or suit arising out of or relating to any such hazardous
materials encountered during the performance of the Work, except to the extent such hazardous materials were brought
onto the Cable Route by PEF or its contractors, employees or agents This indemnification, defense and hold harmless
obligation shall survive the termination or expiration of this Agreement
D. Applicant reserves the right during the performance of the Work to conduct, at its own expense, reasonable
field inspections to verify compliance of the Work with the requirements of this Agreement, provided, however, that
any such inspections by Applicant shall be conducted in a manner so that they do not unreasonably interfere with or
delay the performance of the Work Applicant shall promptly notify PEF in writing of any Work that is incomplete
or otherwise fails to comply with this Agreement Any such Work that the Parties mutually agree to be non-
compliant or incomplete shall be corrected by PEF
ARTICLE 11. WARRANTY
A. In the event that PEF uses its own employees to perform such portions of the Work performed under this
Agreement, PEF warrants only that such Work hereunder shall be performed with that degree of skill and care which is
customarily exercised in the industry by experienced firms with respect to work of a similar or like nature. In the event
that PEF hires a contractor to perform a portion of the Work required hereunder, PEF makes no warranties or
representations concerning that Work, except PEF agrees to assign the contractor's warranties, if any, to Applicant for
such Work
B EXCEPT AS EXPRESSLY STATED HEREIN, PEF MAKES NO
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
WHETHER STATUTORY, BY OPERATION OF LAW OR OTHERWISE, AS TO
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL
WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE,
OR ANY OTHER MATTER WITH RESPECT TO THE WORK PERFORMED
HEREUNDER. ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES
ARE EXPRESSLY WAIVED.
ARTICLE 12. INDEMNIFICATION
Subject to the other terms of this Agreement, including the terms of Article 13 below, the Parties shall
indemnify, defend and hold each other harmless from any and all claims, liabilities, obligations, damages, costs and
expenses (including, but not limited to, reasonable attorney's fees) or causes of action of whatsoever kind or nature
for injury to or death of any person (including indemnitee's employees), and for damage to or destruction of
property (including indemnitee's property), to the extent resulting from any or all negligent acts or omissions or
willful misconduct of the indemnifying Party or anyone for whose acts that the indemnifying Party may be liable in
connection with this Agreement The indemnification, defend and hold harmless obligation shall survive the
termination or expiration of this Agreement
ARTICLE 13. LIMITATION OF LIABILITY
ISSUED BY Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE: 11/14/2011
S SECTION NO VII
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ORIGINAL SHEET NO
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A Notwithstanding anything in this Agreement to the contrary, in no event shall PEF be liable for demands
by Applicant for any incidental, indirect, special, consequential, exemplary, punitive, or multiple damages resulting
from any claim or cause of action, whether brought in contract, tort, or under any other legal theory
B Notwithstanding anything in this Agreement to the contrary, PEF's sole liability to Applicant for any non-
conforming Work shall be to correct the defective Work, of which written notice must be given by Applicant to PEF
no later than seven (7) business days after such non - conforming Work is discovered or should have reasonably been
discovered by Applicant In any event, the aggregate liability of PEF to Applicant arising out of or in connection with
this Agreement shall not exceed the Final Price payable to PEF for the Work performed hereunder
ARTICLE 14. FORCE MAJEURE
A Except for a Party's obligation to pay the other Party any sum of money owed it hereunder,
neither Party shall be liable for its failure to perform hereunder if such failure is due to any act or
circumstance beyond the reasonable control, and not due to the fault or neglect of, of the Party claiming the
event of Force Majeure event including, but not limited to the following acts or circumstances (i) act(s) of
God, (ii) war or wars, (iii) government regulation by a governmental authority having jurisdiction
(including, but not limited to, any law, rule, order, proclamation, regulation, ordinance, demand, or
requirement of any governmental agency), (iv) act(s) or threatened act(s) of terror, including, but not limited
to any acts by organized groups of terrorists or any acts of a public enemy (v) disaster(s) (including, but not
limited to, hurricane, tornado, tropical storm, earthquake, or major storm), (vi) any pandemic, epidemic,
pestilence, plague, or outbreak, (vii) strike, lockout, or industrial disputes, (vii) civil disorder, riot, or
disturbance of the peace, (ix) any third party act for which the Party who fails to perform is not, responsible,
or (x) any other condition or circumstance, whether similar to or different from the foregoing (it being
agreed that the foregoing enumeration shall not limit or be characteristic of such conditions or
circumstances) beyond the reasonable control and fault of the Party claiming the Force Majeure event
B In the event that either Party is rendered unable, wholly or in part, by reason of an event of Force Majeure
to perform any obligations set forth in the Agreement, other than an obligation to pay a sum of money owed
hereunder by one Party to the other, then such Party shall give the other Party written notice and reasonably full
particulars of such event as soon as practicable after the occurrence thereof, and thereafter, the obligations of both
Parties shall be suspended to the extent and for the period of such Force Majeure condition and such cause shall be
remedied with all reasonable dispatch. Settlement of strikes and lockouts shall be entirely within the discretion of
the Party affected and the requirement that any event of Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the parties directly or
indirectly involved in such strikes or lockouts when such course is inadvisable in the discretion of the Party having
such difficulty
C To the extent the Force Majeure event causes a delay or an increase in costs or expenses to PEF,
Applicant shall be liable to PEF for all increased costs and expenses incurred by PEF, including any acceleration or
other schedule impact costs and delay damages incurred by PEF or its contractors, as a result of such Force Majeure
event All such increased cost and expenses, damages, acceleration and other impacts associated with any such
delay shall be deemed Additional Work under this Agreement If Applicant refuses to execute an amendment to this
Agreement reasonably acceptable to PEF equitably adjusting PEF's time and compensation under this Agreement
for such Additional Work, among any other rights or remedies it may have hereunder, PEF may suspend all or any
portion of the Work until such time as that amendment is executed by the Parties and delivered to PEF
ARTICLE 15. NOTICE
A Unless otherwise stated herein, any notice required hereunder must be given in writing to the below -
designated representative of each Party within the required specified period of time Notice is deemed to be
delivered by the Party providing such notice to the receiving Party at the address provided in Paragraph B below in
the following manner (1) upon hand - delivery, (2) upon confirmation of transmittal by facsimile or telex, (3) within
five (5) business days after depositing such notice with the United States Postal Service first- class, registered or
certified mail; or (4) within two (2) business days after depositing such notice with a nationally- recognized
overnight courier service
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE: 11/14/2011
SECTION NO VII
Progress Energy
ORIGINAL SHEET NO
Page 9 of 13
B The Parties' respective authorized representatives and mailing addresses are as follows
PEF. The Applicant
Progress Energy Florida, Inc. The City of Clermont, Florida
452 E. Crown Point 685 W Montrose Street
Winter Garden, FL 34787 Clermont, Florida 34711
Attn Robb A Brown Attn Tamara Richardson
Fax 407 - 905 -3365 Fax: 352- 394 -2379
C. Either Party may change its address or designated representatives for the receipt of notice, requests or
other communications hereunder by providing the other Party with notice within ten (10) business
days and in accordance with Paragraph A of this Article
ARTICLE 16. TERMINATION
In the event either Party is unable to perform its obligations because of any Force Majeure as defined in Article
14 herein, the Party awaiting performance by the other Party may elect to terminate this Agreement by giving
written notice to the non - performing Party if the Force Majeure exceeds one hundred twenty (120) days In the
event either Party is in default of any of its material obligations under this Agreement, the non - defaulting Party shall
notify the defaulting Party in writing, setting forth in detail the default If the defaulting Party fails to commence to
diligently and continuously cure such default within fourteen (14) days of receipt of the written notice from the non -
defaulting Party, the non - defaulting Party may terminate this Agreement upon giving the defaulting Party written
notice of such termination Within approximately ninety (90) days following any termination of this Agreement,
PEF shall furnish to Applicant the Final Statement referenced in Article 7 above setting forth the Final Price for the
Work to be paid by Applicant, including PEF's reasonable demobilization costs.
ARTICLE 17. DISPUTE RESOLUTION
Either Party may give the other Party written notice of any dispute not resolved in the normal course of
business. Executives of both Parties shall meet at a mutually acceptable time and place within ten (10) business
days after delivery of such notice and thereafter as often as they reasonably deem necessary, to exchange relevant
information and to attempt to resolve the dispute. In such meetings and exchanges, a Party shall have the right to
designate any information that a Party offers as confidential, and no designated confidential information exchanged
in such meetings for the purpose of resolving a dispute will be used by a Party in litigation against another Party If
the matter has not been resolved by these individuals within thirty (30) calendar days of the disputing Party's notice,
or if the Parties fail to meet within ten (10) business days as required above, either Party may initiate mediation as
provided hereinafter The mediation proceeding shall be conducted in accordance with the then current Center for
Public Resources ( "CPR ") Model Procedure for Mediation of Business Dispute or other mutually agreed upon
procedures, with the following exceptions
(1) if the Parties have agreed to pursue mediation but have not agreed within thirty (30)
calendar days of the request for mediation on the selection of a mediator willing to serve, the CPR, upon the request
of either Party, shall appoint a member of the CPR Panel of Neutrals as the mediator, and
(2) efforts to reach a settlement shall continue until the conclusion of the proceeding, which
is deemed to occur when a) a written settlement is reached, or b) the mediator concludes and informs the Parties in
writing that further efforts would not be useful, or c) the Parties agree in writing that an impasse has been reached
Neither Party may withdraw before the conclusion of the proceeding, provided, however, notwithstanding the
foregoing, an impasse shall be deemed to have occurred if the Parties have failed to execute a written settlement
within ninety (90) calendar days after the date the mediation proceeding was initiated by either Party
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE 11/14/2011
Progress Energy &5 SECTION NO VII
ORIGINAL SHEET NO
Page 10 of 13
If the Parties are unable to resolve the dispute and litigation proves necessary, either Party may initiate such
litigation
ARTICLE 18. GOVERNING LAW AND VENUE
This Agreement and the rights and obligations of the Parties to this Agreement shall be governed by and
construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of
laws where the giving of effect to any such principles would result in the laws of any other state or jurisdiction being
applied to this Agreement
ARTICLE 19. ENTIRE AGREEMENT
The Agreement constitutes the entire understanding between PEF and Applicant relating to the subject matter
hereof, superseding any prior or contemporaneous agreements or understanding between the Parties The Parties
shall not be bound by or be liable for any statement, prior negotiation, correspondence, representation, promise, draft
agreements, inducement or understanding of any kind or nature not set forth or provided for herein No prior course
of dealing, usage of trade or course of performance shall be used to supplement or explain any term, condition, or
instruction used in this Agreement
ARTICLE 20. MODIFICATION
No statements or agreements, oral or written, made prior to the date hereof, shall vary or modify the written
terms set forth herein and neither Party shall claim any amendment, modification or release from any provision
hereof by reason of a course of action or mutual agreement unless such agreement is in writing, signed by both
Parties and specifically states it is an amendment to this Agreement
ARTICLE 21. WAIVER
There shall be no waiver by either Party of any right, remedy, term, condition, or provision of this Agreement
unless such waiver is expressed in writing and signed by the Party against which such waiver is sought to be
enforced Nor shall any usage of trade, course of dealing, practice of performance, or failure to strictly enforce any
term, right, obligation or provision of this Agreement by either Party be construed as a waiver of any provision
herein unless such waiver is expressed in writing and signed by the Party against which such waiver is sought to be
enforced
ARTICLE 22. SEVERABILITY
In the event any provision, or any part or portion of any provision of this Agreement shall be deemed or
defined by any law or order any court or any governmental agency, or regulatory body having jurisdiction over
either Party, or held or declared by a court of competent jurisdiction to be unlawful, invalid, void or otherwise
unenforceable, the rights and obligations of the Parties shall be reduced or abated only to the extent required to
remove or cure such illegal or unenforceable portion, so long as the Agreement is not affected in a manner or to the
extent which would render It economically, technically, materially, or commercially infeasible to either Party
ARTICLE 23. SURVIVAL OF PROVISIONS
Neither termination nor cancellation of this Agreement shall be deemed to relieve the Parties of any obligations
hereunder that by their nature survive termination or cancellation including, but not limited to, all warranty,
indemnification, and limitation of liability obligations
ARTICLE 24. CAPTIONS
The headings used throughout this Agreement are Inserted for reference purposes only and are in no way to be
construed as a limitation of the scope of the particular sections to which they refer
ISSUED BY Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE: 11/14/2011
P rogress Energy ORIGINAL SHEET O ECTION NO VII
Page 11 of 13
ARTICLE 25. REPRESENTATIONS AND WARRANTIES FROM APPLICANT
25 1 Applicant represents and warrants as follows
A Applicant is a [public body /association/company] duly formed, validly existing, and in good standing
under the laws of the State of Florida with its principle place of business and chief executive offices at its address set
forth herein
B. This Agreement, including all Exhibits referenced herein, on execution, will constitute valid obligations
of Applicant, enforceable in accordance with their terms The consummation of the transactions or actions
contemplated by this Agreement, and the performance of any of the terms and conditions of this Agreement, will not
result in a breach of, or constitute a default in, Applicant's organizational documents or in any deed, deed of trust,
covenant, restriction of record, note, loan agreement, credit agreement, bond or trust indenture, or any other
agreement to which Applicant is a party or by which Applicant may be bound or affected Applicant is not in
default of any order of any court or any requirement of any governmental authority that could materially adversely
affect this Agreement or the easements or rights -of -way for and property along the Cable Route
C. This Agreement is not misleading, and fully and fairly states all material facts relevant to the matters
with which it purports to deal There is no fact of which Applicant is aware that Applicant has not disclosed to PEF
in writing that could materially adversely affect this Agreement or the easements or rights -of -way for and property
along the Cable Route Applicant has furnished PEF with a true and complete copy of all documents relating to this
Agreement
D Applicant holds or will hold within the time periods set forth in this Agreement for obtaining easements
and rights -of -way necessary for the Work, full legal and equitable title to the easements and rights -of -way obtained
and provided to PEF for the Work The terms and conditions of all new easements and rights -of -way to be provided
by Applicant hereunder, shall be substantially similar to the terms and conditions of the original easements or rights -
of -way for the existing overhead facilities being relocated hereunder, unless otherwise agreed to in writing by PEF,
in its sole discretion
E There are no actions, suits, or proceedings pending or, to the knowledge of Applicant, threatened, in any
court or before or by any governmental authority against or affecting Applicant or any of the property along the
Cable Route, which, if adversely determined, would have a material adverse effect on the property along the Cable
Route or impair the ability of Applicant to complete its obligations under this Agreement, or which involve the
validity, enforceability, or priority of this Agreement and any easements or rights -of -way for the Work, at law or in
equity
F There are no governmental requirements prohibiting the use and operation of the property along the
Cable Route for the Relocation Work There are no, nor are there any alleged or asserted, violations of
governmental requirements, law, regulations, ordinances, codes, permits, licenses, declarations, covenants,
conditions, or restrictions of record, or other agreements relating to the easements and rights -of -way for or property
along the Cable Route Applicant has obtained or is not aware of any reason why it cannot obtain all necessary
easements, rights -of -way, permits, licenses, consents, or approvals for performance of the Relocation Work.
G PEF will have adequate access to perform the Relocation Work Further, the property along the Cable
Route is not located in a flood zone as defined in the Flood Disaster Protection Act of 1973, as amended, and the
property along the Cable Route is not located within wetlands as defined by any governmental authority, or where
wetlands are located on the property along the Cable Route, they have been delineated and all required
governmental approvals for the Relocation Work have been obtained by Applicant
H The Applicant warrants and represents that it has the legal authority and is duly authorized to enter into
each and every provision within this Agreement and to abide by and comply with each and every provision in this
Agreement
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE: 11/14/2011
5 ‘.* Progress Energy ORIGINAL SHEET NO CTION NO VII
Page 12 of 13
25 2 The representations and warranties in this Agreement are made by Applicant as an inducement to PEF to
enter into this Agreement and Applicant understands that PEF is relying on these representations and warranties
These representations and warranties shall survive any breach or default of this Agreement, any bankruptcy
proceedings involving Applicant, any termination of this Agreement, and any assignment or conveyance of this
Agreement
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE: 11/14/2011
SECTION NO VII
Progress Energy
ORIGINAL SHEET NO
Page 13 of 13
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the date and year first above
written.
FLORIDA POWER CORPORATION, D /B /A
PROGRE f'E ' G FLO ' i -', INC. _ J 14
■
By 1,76ir 62-AP /114
I/ ,I
Robb A Brown M PF-b /cL iev1 11 -,
printed name printed name
Project Manager / a Z —
title title
ISSUED BY: Lori Cross, Manager, Regulatory Services - Florida
EFFECTIVE: 11/14/2011
Exhibit A — Work Request
Plant Street Segment III
Undergrounding Project
December 9, 2010
SUMMARY:
All terms used herein shall have the same meaning as those used in the Agreement to which this
Exhibit is attached, except as otherwise expressly noted herein. The Relocation Work consists of
converting Progress Energy Florida's ( "PEF ") power line Facilities identified herein from
overhead ( "OH ") to underground ( "UG "). Applicant is working independently with all other
utilities that may be impacted by this Work Request. Where reasonably possible, PEF will
endeavor to enter into joint trench agreements with such other utilities. The UG Facilities are to
be installed in the easements and rights -of -way provided by Applicant.
SCOPE OF WORK:
• The specific Facilities to be converted from OH to UG as part of the Relocation Work are set
forth in more detail in attached Schedule 1. (Progress Energy Design Drawing) Schedule 1
drawings to be provided to applicant prior to construction start.
• The plans and specifications for the Relocation Work, if any, are identified in attached
Schedule 2. (Conduit & pull box installation standards)
• Prior to the start of Work in any particular area, PEF and Customers contractor shall seek to
locate all pre- existing UG utilities that might lie within the anticipated Cable Route in
accordance with the guidelines established within the "Call Sunshine" program.
• PEF and its contractors and consultants shall not be responsible for any damage to any pre-
existing UG utilities or improvements not identified under the Call Sunshine program. Such
facilities not identified under the guidelines of Call Sunshine program are to be located by
and are the responsibility of Applicant.
• The method of excavation for the Relocation Work primarily will be by open trench and
performed by the customers contractor.
• Restoration of the Cable Route, including all improvements located within it except for those
pre- existing UG utilities and improvements identified pursuant to the Call Sunshine program,
is not included in the [Cost Estimate /Cost Proposal]. The customers contractors will be
required to backfill and level the easements and rights -of -way within the Cable Route
disturbed by the Work. Applicant is responsible for all other restoration work as well.
• PEF will convert the Facilities from OH to UG as designated within the design.
• PEF shall be responsible for staking all of its Pedestal, Transformer, poles and Pull -Box
locations. Subject to the terms of the Agreement, PEF shall be entitled to reimbursement
from Applicant as a cost of the Work all costs associated with installation and /or relocation
of any such Pedestal, Transformer, and Pull -Boxes resulting from the Relocation Work.
• Any street lights to be installed shall be based on designs provided by PEF..
• Applicant is responsible for clearly staking and clearing the easements and rights -of -way
along the Cable Route in a timely manner or at the request of PEF so as to cause no delay to
PEF's performance of the Work.
• Applicant shall provide the necessary easement(s) to allow access and installation of Progress
Energy underground cables and equipment in easements as designated by PEF.
Exhibit A — Work Request
Plant Street Segment III
Undergrounding Project
December 9, 2010
SCHEDULE:
• The Relocation Work is anticipated to be a _3_ month project.
• PEF shall not be required to perform any Work on weekends or holidays.
• The planned sequencing and schedule for the Relocation Work is set forth by the
customers contractor and PEF can only perform cable installation after the customers
contractor has installed all conduit, boxes etc and theses facilities have been inspected
and accepted by the PEF inspector.
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Progress Energy Florida, Inc
St Petersburg, FL
11/14/2011
INVOICE Reprint
Please mail remittance and signed copy of Invoice
to
Progress Energy Florida, Inc
Remittance Processing (BAY 70)
PO Box 14042
St Petersburg, FL 33733
Service Address: Customer Number:
685 W MONTROSE ST 4005808537
CLERMONT FL 34711 WMIS WR Number:
99515
Work Description:
CITY OF CLERMONT
Total CIAC Due: $ 107,305 89
This invoice reflects Contribution in Aid of (CIAC) Construction for the above reference work
Agreement: The customer acknowledges receipt of invoice cover letter and further understands Customer is
responsible for removing all obstructions from the route along which the Company's facilities are to be installed
Company shall not be responsible for any damage to shrubs, trees, grass, sod or any other foliage or property caused
by the Company's equipment during installation of the Company's facilities In addition, the Company shall not be
responsible for the repair or replacement of underground facilities on the Customer's property damaged during the
installation of the Company facilities, unless, prior to the Company's construction, the Customer clearly identified and
marked the location of such facilities
The undersigned hereby authorizes Progress Energy to perform this work with necessary labor, facilities and equipmer t
and acknowledges the invoice amount becomes invalid if the signed agreement is not received by
Progress Energy on or before 30 days
Customer Sign- re
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Progress Energy Flonda, Inc
St Petersburg, FL
11/14/2011
INVOICE Reprint
Please mail remittance and signed copy of Invoice
to
Progress Energy Florida, Inc
Remittance Processing (BAY 70)
PO Box 14042
St Petersburg, FL 33733
Service Address: Customer Number:
685 W MONTROSE ST 5407884301
CLERMONT FL 34711 WMIS WR Number:
147247
Work Description:
CITY OF CLERMONT
Total CIAC Due: $ 119,441 30
This invoice reflects Contribution in Aid of (CIAC) Construction for the above reference work
Agreement: The customer acknowledges receipt of invoice cover letter and further understands Customer is
responsible for removing all obstructions from the route along which the Company's facilities are to be installed
Company shall not be responsible for any damage to shrubs, trees, grass, sod or any other foliage or property caused
by the Company's equipment during installation of the Company's facilities In addition, the Company shall not be
responsible for the repair or replacement of underground facilities on the Customer's property damaged during the
installation of the Company facilities, unless, prior to the Company's construction, the Customer clearly identified and
marked the location of such facilities
The undersigned hereby authorizes Progress Energy to perform this work with necessary labor, facilities and equipmer t
and acknowledges the invoice amount becomes invalid if the signed agreement is not received by
Progress Energy on or before 30 days
Customer Signat . -
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Progress Energy Florida, Inc
St Petersburg, FL
11/14/2011
INVOICE Reprint
Please mail remittance and signed copy of Invoice
to
Progress Energy Florida, Inc
Remittance Processing (BAY 70)
PO Box 14042
St Petersburg, FL 33733
Service Address: Customer Number:
685 W MONTROSE ST 4005808537
CLERMONT FL 34711 WMIS WR Number:
97522
Work Description:
CITY OF CLERMONT
Total CIAC Due: $ 168,654 69
This invoice reflects Contribution in Aid of (CIAC) Construction for the above reference work
Agreement: The customer acknowledges receipt of invoice cover letter and further understands Customer is
responsible for removing all obstructions from the route along which the Company's facilities are to be installed
Company shall not be responsible for any damage to shrubs, trees, grass, sod or any other foliage or property caused
by the Company's equipment during installation of the Company's facilities In addition, the Company shall not be
responsible for the repair or replacement of underground facilities on the Customer's property damaged during the
installation of the Company facilities, unless, prior to the Company's construction, the Customer clearly identified and
marked the location of such facilities
The undersigned hereby authorizes Progress Energy to perform this work with necessary labor, facilities and equipmer t
and acknowledges the invoice amount becomes invalid if the signed agreement is not received by
Progress Energy on or before 30 days
Customer Si. n- ure
eloP
Date //
Name (please print or type)
Ut .
122 -CIAC Invoice
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C S Progress Energy
September 20, 2011
City of Clermont
685 West Montrose St
Clermont, FI. 34711
Attention Tamara Richardson
Reference: Proposal for services associated with Overhead to Underground conversion
Dear Ms Richardson,
Progress Energy is pleased to be able to provide the City of Clermont with the following proposal to
provide services that are associated with the conversion of overhead fed electrical meters to
underground fed electrical meters. These services must be paid for in advance by the end user or the
city and not Progress Energy
Residential services: Includes all associated labor, materials including new underground fed meter
base and required electrical permitting. This proposal does not include any cosmetic, roof repairs, or
electrical system upgrades that may be required to pass electrical inspection
Total cost per location: $1240.00
Locations include: 688 Minneola Ave
674 Minneola Ave
652 Minneola Ave
628 Minneola Ave
612 Minneola Ave
645 Minneola Ave
655 Minneola Ave
663 Minneola Ave
677 Minneola Ave
685 Minneola Ave
617 - 619 Desoto Street
610 - 748 Desoto Street
Commercial Services: Includes all associated labor, materials including new conduit and service
entrance conductor as well as new underground fed meter base and required permitting. This
proposal does not include any cosmetic, roof repairs, or electrical system upgrades that may be
required to pass electrical inspection
Total Cost Location 1: 651 Desoto St $4575.00
Total Cost Location 2: 7400 Lake Blvd $3455.00
T&D Services • 3300 Exchange Place • Lake Mary, Florida 32746 • (407) 942 -9390
A Progress Energy Company
v
Progress Energy appreciates the opportunity to submit this proposal for the above outlined services
and looks forward to working with you in the future. Please feel free to contact me any time to discuss
this proposal.
Sincerely
Progress Energy
Collier W. Jones
Project Manager
T &D Services
T &D Services • 3300 Exchange Place • Lake Mary, Florida 32746 • (407) 942 -9390
A Progress Energy Company