Item #10 Approval of Street Lighting Additions on Ingram Road and Rewis Street 4\91,0pr
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: July 19, 2016
Item # 10
Reviewed By:
Contact Name: Stephen C. Krug Department Director: _
Contact Number: 6002 City Manager: �//��I
Subject: Street Lighting Additions on Ingram Road and Rewis Street. Commissioner Grogan,
District 1.
Background Summary:
The Public Works Capital Improvements for the current budget year include additional street lighting on
Ingram Road north of the Clarcona-Ocoee Road intersection and on Rewis Street between West and
Spring Avenues. Duke Energy has provided the attached cost proposals which are within budget.
Public Works recommends executing the Lighting Service Contracts for these two locations.
Issue:
Request the City Commission approve executing the Lighting Services Contracts with Duke Energy for
additional street lighting on Ingram Road and on Rewis Street.
Recommendations:
Recommend the City Commission approve executing the Lighting Services Contracts with Duke Energy
for additional street lighting on Ingram Road in the amount of $5,162.41 and on Rewis Street in the
amount of $3,187.99. Also recommend the City Manager be authorized to approve change orders to
this work up to the limit of his purchasing authority for each change order, and up to the budgeted
amount for this project for all change orders.
Attachments:
Duke Energy Lighting Cost Proposal #990747 for Ingram Road.
Duke Energy Lighting Service Contract #990747 for Ingram Road.
Duke Energy Lighting Cost Proposal #991550 for Rewis Street.
Duke Energy Lighting Service Contract #991550 for Rewis Street.
Financial Impact:
The cost of the work is adequately funded in the Streets Division Capital Improvement account line.
Type of Item: (please mark with an `k')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Review ed by ( ) N/A
2
Sis DUKE
ENERGY Lighting Proposal
DE Contact: CJ Justen WR 990747
Address: 452 E. Crown Point Rd. Winter Garden, FL 34787
Phone: (407)905-3430
March 23, 2016
Project Details Scope of Request
Customer: CITY OF OCOEE INSTALL 2 30'CONCRETE POLES AND CL116 100W
ROADWAY IN A 6'BKT.
TRENCH LESS
Account: 43401-05548
Site: 150 N LAKESHORE DR*LITE,STREET LIGHTING
OCOEE FL 34761
Contact: STEPHEN KRUG
Phone: (407) 905-3170
Per Unit
Quantity Product Description Rental Maint. Fuel& Unit Sub-Total
Required Fixtures and Poles Energy Total
2 100W HPS ROADWAY Q116, Q116S $6.22 $1.72 $2.90 $10.84 $21.68
2 30/35'CONCRETE PLBC301 /351 $5.05 $0.00 $0.00 $5.05 $10.10
$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,F&E Totals: $22.54 $3.44 $5.80
Project Estimated Monthly Rental $31.78
Summary t Deposit $64.00
Estimates valid for 30 days and subject to change. Totals CIAC $5,162.41
Estimated Monthly Rental excludes any applicable taxes, franchise fees or customer charge.
t Deposit- The required deposit(applied separately to your lighting bill)will equal approximately two months of the monthly
rental bill,but no less than$25.00 and subject to change upon review of the account's existing deposit.
CIAC - The invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this proposal
and payment is due before the work can be released to scheduling of construction.
In order for us to proceed with the above proposed lighting design we will need an authorized signature on this
proposal and any other required documents enclosed. Do not remit any payment with this form and do not fax.
Return these signed documents to the mailing address above or email the color scanned PDF if instructed.
The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal.
Duke 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 be submitted to a governmental agency for inclusion into a taxing district, 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 entity who signs the Lighting Service Contract will remain responsible for payment.
Thank you for your lighting request. We look forward to working with you on this project.
Authorized Signature Date
(Please sign and date to approve this proposal and return via email or the mailing address above)
4, E DUKE SECTION NO.VII
ENERGY. SIXTH REVISED SHEET NO.7.110
CANCELS FIFTH REVISED SHEET NO.7.110
Page 1 of 4
LIGHTING SERVICE CONTRACT
ACCOUNT NUMBER
43401-05548
WORK ORDER NUMBER
990747
DEF CONTACT
CJ Justen
CUSTOMER NAME: CITY OF OCOEE
SERVICE LOCATION(S) 150 N LAKESHORE DR*LITE,STREET LIGHTING OCOEE FL 34761
(Street address,city/county,Company account number if established)
This Lighting Service Contract ("Contract") is hereby entered into March 23,2016 between Duke Energy
Florida, Inc.(hereinafter called the Company)and CITY OF OCOEE
(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
LS-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/Pole Types and Number Installed:
100W HPS ROADWAY Q116,Q116S QTY 2
30/35'CONCRETE PLBC301/351 QTY 2
QTY
QTY
QTY
QTY
QTY
QTY
Additional facilities:
(Continued in Next Page)
ISSUED BY: Javier J.Portuondo, Manager,Director,Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: April 29,2013
4, DUKE SECTION NO.VII
SIXTH REVISED SHEET NO.7.111
ENERGY® CANCELS FIFTH 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 BA-1, Billing Adjustments**,
except the Fuel Cost Recovery Factor: See Sheet No.6.105 and 6.106
Fuel Cost Recovery Factor**: See Sheet No.6.105
**Charges are normally revised on an annual basis.
Additional Charges:
Certain additional charges may also apply to the installation.
Gross Receipts Tax Factor: See Sheet No.6.106
Right-of-Way Utilization Fees: See Sheet No.6.106
Municipal Tax: See Sheet No.6.106
Sales Tax: 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 III, 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.
(Continued in Next Page)
ISSUED BY: Javier J.Portuondo, Manager,Director, Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: April 29,2013
44.s DUKE SECTION NO.VII
ENERGY® CANCELS THIRD 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 luminaire/lamp installed hereunder another luminaire/lamp 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
shall 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. Service charges associated with the reconnection of service after disconnection for nonpayment
or violation of Company or Commission Rules may be assessed for each lighting installation on an account. 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.
(Continued in Next Page)
ISSUED BY: Javier J.Portuondo,Manager, Director,Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: April 29,2013
*•N DUKE SECTION NO.VII SIXTH REVISED ENERGY. CANCELS FIFTH S 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 employees, 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:
CITY OF OCOEE DUKE ENERGY FLORIDA, INC
Customer(Print or type name of Organization)
By: By:
(Signature) (Signature)
CJ Justen
(Print or Type Name) (Print or Type Name)
Title: Title: Duke Energy Representative
ISSUED BY: Javier J.Portuondo,Manager,Director,Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: April 29,2013
•s DUKE
ENERGY. Lighting Proposal
DE Contact: CJ JUSTEN WR 991550
Address: 452 E. Crown Point Rd. Winter Garden, FL 34787
Phone: (407)905-3430 March 15, 2016
Project Details Scope of Request
Customer: CITY OF OCOEE INSTALL 5 CL27 ROADWAY LIGHTS IN 6'BRACKETS
AND 3 30'WOOD POLES ON REWIS ST.
Account: 43401-05548
Site: 150 N LAKESHORE DR
OCOEE FL 34761
Contact: STEPHEN KRUG
Phone: (407) 905-3170
Per Unit
Quantity Product Description Rental Maint. Fuel& Unit Sub-Total
Required Fixtures and Poles Energy Total
5 100W HPS ROADWAY L71 $3.64 $1.72 $2.90 $8.26 $41.30
3 30/35'WOOD PLBW30/35 $2.17 $0.00 $0.00 $2.17 $6.51
$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,F&E Totals: $24.71 $8.60 $14.50
Project Estimated Monthly Rental $47.81
Summary t Deposit $96.00
Estimates valid for 30 days and subject to change. Totals - CIAC $3,187.99
Estimated Monthly Rental excludes any applicable taxes, franchise fees or customer charge.
t Deposit- The required deposit(applied separately to your lighting bill)will equal approximately two months of the monthly
rental bill,but no less than$25.00 and subject to change upon review of the account's existing deposit.
CIAC - The invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this proposal
and payment is due before the work can be released to scheduling of construction.
In order for us to proceed with the above proposed lighting design we will need an authorized signature on this
proposal and any other required documents enclosed. Do not remit any payment with this form and do not fax.
Return these signed documents to the mailing address above or email the color scanned PDF if instructed.
The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal.
Duke 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 be submitted to a governmental agency for inclusion into a taxing district, 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 entity who signs the Lighting Service Contract will remain responsible for payment.
Thank you for your lighting request. We look forward to working with you on this project.
Authorized Signature Date
(Please sign and date to approve this proposal and return via email or the mailing address above)
'� NKE SECTION NO.VII
ENERGY. SIXTH REVISED SHEET NO.7.110
CANCELS FIFTH REVISED SHEET NO.7.110
Page 1 of 4
LIGHTING SERVICE CONTRACT
ACCOUNT NUMBER
43401-05548
WORK ORDER NUMBER
991550
DEF CONTACT
CJ JUSTEN
CUSTOMER NAME: CITY OF OCOEE
SERVICE LOCATION(S) 150 N LAKESHORE DR OCOEE FL 34761
(Street address,city/county,Company account number if established)
This Lighting Service Contract ("Contract") is hereby entered into March 15,2016 between Duke Energy
Florida, Inc. (hereinafter called the Company)and CITY OF OCOEE
(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
LS-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/Pole Types and Number Installed:
100W HPS ROADWAY L71 QTY 5
30/35'WOOD PLBW30/35 QTY 3
QTY
QTY
QTY
QTY
QTY
QTY
Additional facilities:
(Continued in Next Page)
ISSUED BY: Javier J. Portuondo,Manager,Director, Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: April 29,2013
1 DUKE SECTION NO.VII
SIXTH REVISED SHEET NO.7.111
ENERGY CANCELS FIFTH 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 BA-1, Billing Adjustments**,
except the Fuel Cost Recovery Factor: See Sheet No.6.105 and 6.106
Fuel Cost Recovery Factor"*: See Sheet No.6.105
"Charges are normally revised on an annual basis.
Additional Charges:
Certain additional charges may also apply to the installation.
Gross Receipts Tax Factor: See Sheet No.6.106
Right-of-Way Utilization Fees: See Sheet No.6.106
Municipal Tax: See Sheet No.6.106
Sales Tax: 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 III, 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.
(Continued in Next Page)
ISSUED BY: Javier J. Portuondo, Manager,Director,Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: April 29,2013
strias DUKE SECTION NO.VII
FOURTH REVISED SHEET NO.7.112
ENERGY CANCELS THIRD 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 luminaire/lamp installed hereunder another luminaire/lamp 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
shall 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. Service charges associated with the reconnection of service after disconnection for nonpayment
or violation of Company or Commission Rules may be assessed for each lighting installation on an account. 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.
(Continued in Next Page)
ISSUED BY: Javier J.Portuondo,Manager, Director, Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: April 29,2013
■ DUKE SECTION NO.VII
SIXTH REVISED SHEET NO.7.113
ENERGY CANCELS FIFTH 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 employees, 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:
CITY OF OCOEE DUKE ENERGY FLORIDA, INC
Customer(Print or type name of Organization)
By: By:
(Signature) (Signature)
CJ JUSTEN
(Print or Type Name) (Print or Type Name)
Title: Title: Duke Energy Representative
ISSUED BY: Javier J.Portuondo, Manager, Director, Rates&Regulatory Strategy-FL Form LS-1
EFFECTIVE: April 29,2013