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Home My Public Portal AboutGA Power - Public Safety Building 10-16-2013 3102 Kilowatt Drive Savannah, Georgia 31405 GEORGIA A POWER h SOUTHERN COMPANY October 16, 2013 To: City of Tybee island 401 Butler Avenue Tybee Island, Georgia 31328 From: Alethia Zadach Key Account Manager Georgia Power Company Re: Proposed Public Safety Building at 78 Van Horne There is a charge of $24,594 to relocate the poles that will be in front of the proposed building. The pole/overhead lines will be relocated to the other side of Van Horne, in the right of way. A sketch is attached providing details of that work. The sketch also includes details of the additional work that will be done on the property. As we have discussed, work is required to eliminate the interference from the existing overhead primary line that serves the site, and the new building. That cost will be covered under the existing Franchise Agreement, provided the City of Tybee furnishes a copy of the deed for the property, to Georgia Power. The cost to provide service to the new building will be covered under the additional revenue expected from the new building. In summary, your total cost for the job is $24,594. This will need to be paid prior to Georgia Power performing the work. Should you have any questions, or need additional information, please feel free to contact us. Sincerely, Alethia Zadach Georgia Power Company 912-306-1770 6711 Londonderry Way Bin 79510 Union City, GA 30291 GEORGIA POWER A SOUTHERN COMPANY October 24, 2013 Diane Schleicher City of Tybee Re: Road Crossing Dear Diane: Georgia Power(GPC) is pleased to offer you the following distribution services. Scope of Work— Directional drill and install 200ft of 4" high density poly-ethylene conduit. Piroce o F:can be orlstalled r.T1 the same pul!-back $ 2,134.29 Price ff performed with ssparrate bore $ 3,22.86 This offer pending final GPC management approval is valid for thirty days or until earlier revoked by Georgia Power Company, and it is made in accordance with and subject to the terms and conditions attached hereto. Such terms and conditions are expressly incorporated by reference into this letter and shall be binding on the parties. Please indicate your acceptance by signing below and initialing the terms and conditions and returning this letter to me at your convenience. (Please execute, scan, email back to mtjoyner @southernco.com) Thank you again for allowing us the opportunity to present our proposal. We are very eager to serve your distribution system needs and look forward to hearing from you soon. Sincerely, Mike Joyner Power Services Georgia Power Company Phone—912-547-9318 Email— mtjoyner @southernco.com City of Tybee—Road Crossing—10.24.13 TERMS AND CONDITIONS 1. THE TERMS SPECIFIED HEREIN TAKE PRECEDENCE OVER AND SUPERCEDE ANY CONFLICTING OR SPECIAL TERMS SET FORTH IN ANY NEGOTIATIONS, DISCUSSIONS OR CORRESPONDENCE BETWEEN THE PARTIES. 2. These Terms and Conditions,and the letter agreement attached hereto(collectively,the"Agreement"), constitute the entire agreement between Georgia Power Company and its applicable customer(the "Customer") as to the subject matter hereof, and no modification shall be binding unless in writing and signed by each of the parties. 3. The Customer acknowledges that Georgia Power Company is not the manufacturer of any of the equipment or materials furnished to Customer pursuant to this Agreement and shall not be liable for claims arising out of the manufacture or design thereof. GEORGIA POWER COMPANY DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, OR OTHERWISE, WITH RESPECT TO THE PROJECT OR ANY EQUIPMENT OR OTHER GOODS OR MATERIALS FURNISHED PURSUANT TO THIS AGREEMENT. GEORGIA POWER COMPANY SPECIFICALLY EXCLUDES ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY WARRANTY AS TO NONINFRINGEMENT. GEORGIA POWER COMPANY SHALL HAVE NO OBLIGATION OR RESPONSIBILITY FOR OR WITH RESPECT TO ANY WARRANTY PROVIDED BY THE MANUFACTURER OR ANY THIRD PARTY SUPPLIER OF ANY EQUIPMENT, PARTS OR OTHER MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. 4. Georgia Power Company shall not be liable for delays in delivery or failure to deliver due to(1)causes beyond its reasonable control, (2) acts of God, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation or car shortages, or(3)inability of Georgia Power Company or any supplier due to causes beyond its reasonable control to obtain necessary labor, equipment, materials, components, or manufacturing facilities. In the event of any such delay, the date of installation or performance or related services shall be extended for a period equal to the time lost by reason of the delay. The consent of the Customer to installation of any such equipment furnished hereunder is understood to constitute a waiver of all claims for damages by reason of delay. 5. IN NO EVENT SHALL GEORGIA POWER COMPANY BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, UNDER ANY CLAIM ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT,ANY PRODUCTS OR SERVICES FURNISHED PURSUANT TO THIS AGREEMENT OR THE SALE, DELIVERY, INSTALLATION OR USE THEREOF. THE PARTIES FURTHER AGREE THAT THE LIABILITY OF GEORGIA POWER COMPANY UNDER ANY AND ALL CLAIMS ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT, ANY EQUIPMENT FURNISHED PURSUANT TO THIS AGREEMENT OR THE SALE, DELIVERY, INSTALLATION OR USE THEREOF, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, SHALL IN NO CASE EXCEED, IN THE AGGREGATE,THE UNIT PRICE OF THE EQUIPMENT INVOLVED 6N THE APPLICABLE CLAIM(S). 6. To the fullest extent permitted by law, the Customer shall indemnify, defend and hold harmless Georgia Power Company and its officers; directors, employees, affiliated companies, contractors, agents, successors and assigns (collectively, the "Indemnitees") from and against any and all losses, liabilities, claims, damages and expenses (including investigation costs, expenses of litigation and reasonable attorneys' fees) incurred or suffered by any Indemnitee, whether or not involving third party claims and whether or not caused in part by the active or passive negligence of any Indemnitee (collectively, "Damages"), arising, directly or indirectly, from or in connection with the Customer's electric distribution system or the operation, use, malfunction, failure or defect thereof or the Project, except for any Damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence or willful misconduct of any applicable Indemnitees or their agents or employees in the performance of the Project. City of Tybee—Road Crossing—10.24.13 7. Payment to Georgia Power Company for the Project in the amount set forth in this Agreement shall be made by the Customer within thirty (30) days after the Customer's receipt of an invoice with respect to the Project. Accounts with open balances more than thirty(30)days old are subject to a late payment finance charge. The late payment finance charge is computed at a"periodic rate"of 1.5%per month applied to the net balance past due at the end of the billing period, after deducting payments and/or credits given. Any partial payments received on past due accounts shall be applied first to the payment of finance charges due and then to the oldest past due invoices. Late payment finance charges can be avoided by paying the current open balances within thirty (30) days from the date of the invoice. in the event the finance charges assessed hereunder exceed the maximum allowed by law, the finance charges shall be assessed at the highest legal rate. If Georgia Power Company shall employ counsel to collect amounts due from the customer, then the customer shall pay to Georgia Power Company all attorneys'fees paid to collect the balance. 8. To secure the payment in full of all amounts payable by the Customer hereunder, the Customer hereby grants to Georgia Power Company a purchase money security interest in and security title to all equipment, parts, and other materials provided or installed by Georgia Power Company pursuant to this Agreement and all proceeds from their sale or disposition. The Customer agrees to execute such financing statements and other documentation as may be requested by Georgia Power Company in order to protect and perfect the security interest granted herein. The Customer further authorizes Georgia Power Company to file any financing statements and other documentation in order to protect or perfect such security interest with or without the Customer's signature. 9. This agreement has been entered into in the State of Georgia, and shall be governed by and construed in accordance with the laws of the State of Georgia. Any legal action or proceeding arising under or in connection with this Agreement or the equipment or materials furnished hereunder may be brought only in courts located in the State of Georgia, and each of the parties hereby irrevocably consents to the jurisdiction and venue of such courts and waives any objection which it may now or hereafter have to the jurisdiction or venue of such courts. 10. If for any reason any provision of this Agreement is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect those provisions of this Agreement which are valid and enforceable. 11. The Customer shall not, without the prior written consent of Georgia Power Company, assign any of its rights or obligations under this Agreement; provided that the Customer may assign its rights and obligations hereunder to a lender or finance lessor in connection with a leasing or other financing arrangement approved by Georgia Power Company. No such assignment to a lender or finance lessor shall relieve the Customer of any of its obligations hereunder. City of Tybee—Road Crossing—10.24.13 The undersigned unconditionally agrees to engage Georgia Power Company to perform the scope from above (please check all appropriate boxes below) from Georgia Power Company on and subject to the terms and conditions of this letter agreement. Agreed to and accepted this°2 day of C 'e-T?7 807-2.04 3. By: Name: � 0r4 1 ,-.,-7—<.A.A.,41 Title: Date: is z..sli 3 Attachments:Terms and Conditions initial Av * fr __ Z(ZU-v1-_________24,04 ‘,(// -- VU # i'- 4,(----e----e-----P-"Th4---- a_i_e_,t City of Tybee—Road Crossing—10.24.13