Duke Energy/Street/outdoor lightingAgreement Information
Energy and Maintenance
CM- 3506938
11/06/2014 1
IMPACT
WATTS
Agreement Coverage
Agreement Number
Current Dale
95503050
126273
75115
5431
V562
OLE13IN
SULP
Customer Account Number
Request Number
Cory.
CP Center
LOC
Work Code
Rate Code
OUTDOOR LIGHTING SERVICE AGREEMENT
�. DUKE DE Indiana
ENERGY,
1000 East Main Street, Plainfield , IN 46168
Business Name
CITY OF CARMEL STREET DEPT.
The Agreement begins when Service is in
operation and continues, with annual
extensions, until either party terminates with
written notice to the other party.
Customer Name
DAVE HUFFMAN
Service Location or Subdivision
Service Address
Briar Lane Estates
Service Address
Lakeshore Dr E. & Tahoe Ct
Service City, State, Zipcode
Carmel
IN 146033
Mailing Name
DAVE HUFFMAN
Third Party Participant - One Time Payment
Mailing Business Name
CITY OF CARMEL STREET DEPT.
Mailing Address
3400 MAIN ST W
Mailing Address
Mailing City, State, Zipcode
CARMEL
IN 146074
This Company -owned lighting system or light(s) Involves three billable components. These components are (1) initial Equipment and installation
costs; (2) Energy usage; and (3) Maintenance/operating costs. A third party has satisfied Equipment component. This Agreement will cover the
Energy usage and Maintenance, and will continue for the service life of the lighting system or light(s). Please see attached drawing or Exhibit "A'
for the proposed placement of lighting equipment.
WITNESSETH:
WHEREAS, Customer desires to have a Company -owned outdoor lighting system ( "System ") on designated property; and
WHEREAS, Company has the ability to own, install, operate and maintain an outdoor lighting system;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
Below is the estimated monthly amounts for the lights and poles covered by this Agreement.
ITEM 4
LUMINAIRE STYLEATESCRIPTION
LAMP
WATTS
LAMP
SOURCE
IMPACT
WATTS
EST
ANNUAL
KWH
"EST
ENERGY
CHG EACH
MAINI-
OPER
CHG EACH
NUMBER
OF LIGHTS
'ESTIMATED
LINE TOTAL
1
Tradlionaire, 100W HPS (50110442)
100
HPS
0.1230
492
51.66
34A5
1
56.31
Lamp Source - MH = Motel Halide, HPS = High Pressure MONTHLY TOTALS
1
3631
'Tariff riders and sales tax are not included and may cause the monthly amounts to fluctuate.
**The Energy may also be METERED. If Energy usage is metered, the information above is superceded by the METERED usage and charges.
In addition to the luminaire information with estimated monthly amounts shown above, please refer to Pole Information
in Section 1 • A hereof, Energy Usage In Section 1 - B and System Maintenance information in Section IV for further details.
IN WITNESS WHEREOF, the parties hereto have caused two copies of this Lighting Service Agreement ( "Agreement") to be executed by duly authorized
representatives, effective the Current Date first written above. This Agreement is made and entered into by the subsidiary of Duke Energy Corporation, a
Delaware corporation, named above (hereafter, "Company") and the Customer. Neither Duke Energy Corp. nor any of its other affiliated companies are
parties to this Agreement.
Duke Energy Representative AND
Signature Signature
Printed Name Shirley Hunter Printed Name
Date 11/06/2014 Date
Customer / Representative
II more space is required for additional Customer signatures, please attach a dated letter with signatures on it and reference this Agreement.
OUTDOOR LIGHTING SERVICE AGREEMENT
SECTION I. EQUIPMENT AND INSTALLATION
1.1
In accordance with conditions set forth herein, Company agrees to install for Customer all necessary equipment to provide,
operate and maintain an outdoor lighting system. The cost of any additional electrical distribution facilities required to provide
energy to the System may or may not be included in the monthly terms of this Agreement according to Company discretion.
1.2 A detail of the locations of the equipment constituting said System is set forth in a drawing or print marked "EXHIBIT A ", which is
attached hereto, made a part hereof and incorporated herein by reference.
1.3 In addition to the Luminaires set forth on page 1, the System consists of the following poles:
A. Pole Information (monthly charges included with luminaires on page 1)
ITEM a
POLE DESCRIPTION
POLE
QUANTITY
12 FT Rnd. FOG, Blk D1(807274)
1
TOTAL NUMBER OF POLES
1 I
B. Energy Usage — Based on the appropriate State Utility Regulatory Commission approved rates.
Current Rate per kWh 0.045387
Rate Effective Dale 09/14/2009
Estimated Annual Burn Hours 4000
'CALCULATION FOR ESTIMATING UNMETERED ENERGY USAGE
Impact Watts = The energy used by the lamp watts plus ballast watts.
a. Impact watts limes estimated Annual Burn Hours as c. Annual kWh divided by twelve (12) months equals
shown in lines above equal annual waft hours. monthly kWh.
b. Annual watt hours divided by 1000 hours equals annual d Monthly kWh times current rate per Kwh equals the
kilowatt hours (kWh). monthly dollar amount for each item.
'Tariff riders and sales tax are not included. which may cause the amounts to fluctuate.
LIGHTING LAYOUT DESIGN DISCLAIMER (CUSTOMER TO SIGN WHEN APPLICABLE(
Company has installed the System in accordance with Customers specifications concerning 1179 design and layout (including pole
locations, number and types of lights). Company has not designed the System. Customer is responsible for all aspects of the design
and layout of the System. Customer understands that its design and layout of the System may not be in accordance with minimum
lootcandle and lighting uniformity standards. Therefore, Customer agrees to release, indemnify, hold harmless, and defend Company
from and against any and all claims, demands, causes of action, liabilities, losses, damages, and/or expenses resulting from (or alleged
to result from) the design and/or layout of the System, including damage to or destruction of personal property, personal injuries
Including death), and reasonable attorneys' fees.
Customer's Signature _ Date
PAGE 2 OF 4 (OUTDOOR LIGHTING SERVICE 1 ACCOUNT IS 195503050 j AGREEMENT(CM3506936
Data111N62014
OUTDOOR LIGHTING SERVICE AGREEMENT
SECTION II. — CUSTOMER OPTIONS FOR SYSTEM
OPERATING HOURS
ALL HOURS OF OPERATION FOR ANY OPTION MUST BE BETWEEN THE
HOURS OF DUSK -TO -DAWN (ONE HALF HOUR AFTER SUNSET TO ONE
HALF HOUR BEFORE SUNRISE) TO QUALIFY FOR THIS ENERGY
USAGE RATE.
2.1 Option A is the typical dusk -lo -dawn photoelectric cell automatically
operated System. Lights lum an approdmalely 1/2 hour after sunset and shut
Off 1/2 hour belore sunrise. This may be a monthly estimated energy usage
based on luminaire impact wattage and lamp source equally over twelve
months (See Section I - B, above) or metered using actual energy usage plus
a monthly meter charge.
2.2 Option B - AVAILABLE FOR ONLY MUNICIPAL OPERATED AREAS
AND WITH COMPANY APPROVAL. This option is exclusively for seasonal
lighted ornaments operated from 120 volt outlets which are mounted near the
top of Company poles. Company reserves the right to approve the ornament
weight, size, wattage and attachment arrangements before Installation. The
ornament weigh) limit is 25 pounds. Initial costs of wiring, outlets and other
associated costs will be borne by the Customer on a lime and material basis
belore being energized. Seasonal ornamental lighting will operate dusk to
dawn during the months of November 15th Through the following January 15111,
The total days of operation are approdmalely 61.
2.2.1 After the initial permanent installation 01 outlets on the poles. the ornaments
muss be installed and removed seasonally on Company -owned poles between
the hours of 8:00 a.m. and 5:00 p.m. by a qualified electrician. Once an
outlet Is installed any additional outlet maintenance will result in a Customer
charge on a time and equipment use basis and billed on a separate invoice for
oa0h occasion.
2.2.2 Seasonal Omamental Lighting estimated watlage for each ornament is limited
to 350 wads. The estimated Annual usage is 320 -333 Kwh for each outlet.
SECTION III. - ENERGY USAGE COST
CALCULATION - See Page 1
3.1 Except es otherwise provided in this Agreement, Customer shall pay
Company the monthly energy charges. Monthly charges are based on
estimated unmetered charges using the calculation methods shown on Page 1
of this Agreement and adding any energy tariff riders and applicable sales tax.
Both unmetered and metered outdoor lighting energy usage charges are
based on the per kilowatt hour amount approved by the appropriate State
Utility Commission.
3.2 The "Schedule of Rates, Classifications, Rules and Regulations for
Electric Service', and/or General Terms and Conditions of the Company. and
all amendments thereto, are filed with and approved by the appropriate Slate
regulaorty entity, (the "Commission') and shall be deemed a pad of
this Agreement as it fully set forth herein.
SECTION IV. — SYSTEM MAINTENANCE
4.1 Normal maintenance Includes the replacement or repair of any item included
in the System except seasonal outlets. Maintenance is performed
after notification from the Customer that a problem edsls and/or during a
Company scheduled maintenance cycle. Company will stock only the most
common equipment; acquisition of some repair pans could cause a delay in
permanent repair.
4.2 Normal maintenance covers ordinary wear and tear with proper use of
the System. Repairs or replacements requested as a result Customer -
caused damage will be performed on a time and material cost basis, in which
Instance an estimate of costs will be provided to the Customer before the
work begins. Company reserves the right to charge Customer for repair costs
Incurred due to vandalism.
4.3 Maintenance does not include padial or lull System replacement or
molar repairs due to System age. While many Systems last 15 to 25 years,
different types of lighting equipment have different lile spans. Lighting
equipment suppliers may also discontinue manufacture of certain equipment.
End of life for a System will be determined by the Company.
4.4 Company reserves the right 10 update or modify the monthly
maintenance charges to reflect changes In Company costs for maledals and
labor no more often than every three years on a Company assigned
schedule, which may not coincide with the term of Ibis Agreement.
4.5 Company reserves the right to charge a fee equal to a minimum of one hour
labor and transportation costs for trips lo disconnect and reconnect lights in an
Company -owned lighting System when requested to do so more limes than
the Company deems necessary.
SECTION V. — PAYMENT
5.1 Customer hereby agrees to pay Company the monthly costs set forth
in accordance with the applicable tariff rate for the energy provided lot the
term of this Agreement.The estimated monthly amounts due are summarized
on Page 1 of this agreement and are current at the time the Agreement is
initialed. A monthly bill will be rendered and due each month in accordance
with the applicable tariff ralo and payment rules. Any Customer charge that is
not paid In lull on or before its due dale, shalt incur a lase lee.
5.2 Should any change in the energy usage monthly charges be ordered by
the Commission, then payments by Customer to Company for this service
shall thereafter be made upon the basis of such new rates as changed and
approved by the Commission.
SECTION VI. — TERM OF AGREEMENT
6.1 SeMce under this Agreement shall commence as soon as practicable after
the System is installed and operational. The Company shall notify Customer
In writing as to the dale on which service will begin.
6.2 The initial term of this Agreement, during which Customer shall take
and Company shall render service hereunder, shall be in accordance with the
Option Indicated on page 1 of this Agreement (' Initial Term'). After the Initial
Term .,this Agreement shall continue in force and effective in successive
automatic one -year ewensions unless terminated by either parry upon sixty
(60) days written notice.
SECTION VII. - OTHER TERMS AND CONDITIONS
7.1 Other Terms and Conditions set forth in Exhibit "B' hereof are
incorporated herein by reference and made a pan of this Agreement.
7.2 This Agreement constitutes the final written eapression between the parties. It
is a complete and exclusive statement and supersedes all prior
negotiations, representations, or agreements, either written or oral, with
respect to the System. However, nothing herein shall preclude either parry
from commencing an action for unpaid bills, other damages, or breach of prior
agreements during the time they were in effect.
7.3 This Agreement, the construction of this Agreement, all rights and
obligations between the parties to this Agreement, and any and all claims
arising out of or related to the subject matter of this Agreement (including tort
claims). shall be governed by the laws of the Stale in which the service is
rendered without regard to Its conllicl of laws provisions.
PAGE 3 OF 4 'OUTDOOR LIGHRNG SERVICE I ACCOUNT 0195503050
1 AGREEMENT' CM-3506930
Dale l t 1 /06/2014
OUTDOOR LIGHTING SERVICE AGREEMENT
EXHIBIT 'B' - OTHER TERMS AND CONDITIONS
1 All System facilities Installed by Company under this Agreement are and shall
remain the property ol Company. The termination of this Agreement for any
reason whatsoever shall not in any way affect such ownership by Company,
deprive Company of the right either to remove any or all property comprising
the System or any part thereof or to use the same in or in connection with the
rendering of other service by Company.
2 11 Customer requests pan or ell of the System's removal before the end of the
System's useful life, Including by reason of termination of this Agreement,
Customer must pay Company's unrocovored costs at the System minus any
salvage value, to be determined at the sale discretion Company. plus System
removal costs.
3 The obligations of Customer to pay the monthly invoice and any
applicable late lees or any amount due and owing to Company as a result of
this Agreement or in connection with the rights and privileges granted
hereby, are independent of the liabilities or obligations of Company
hereunder. Customer shall make all such payments due to Company
without any deductions, setoffs or counterclaims against such payments on
account of any alleged breach or delault by, or claims against, the Company
pursuant to this Agreement or otherwise or on account of any claims against
or delault by any third party.
4 Company's installation of the System Is contingent upon obtaining
adequate easements and fights -of -way, it necessary, and Customer agrees to
assist the Company when necessary in obtaining easements or rights -of-
way which shall include permission to install and maintain service lines and
facilities required for serving and providing the System.
5 Company is an independent contractor and not an agent or employee
of Customer and nothing contained in this Agreement shall be so construed as
to justify a finding ol the existence of any relationship between Company
and Customer inconsistent with that status. Company shall have
exclusive control of and responsibility for its labor relations.
6 Company does not warrant nor guarantee the safety of Customer or any third
party. nor does it warrant or guarantee the security of Customer's property
or any third party properly, lighting levels, or uniformity of lighting as a result of
Customer's use of the System. Company is not liable for any injury to
Customer, or any persons or property arising out of the System use other Than
thal arising from the sole negligence of the company. COMPANY EXPLICITLY
DISCLAIMS WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE, EITHER EXPRESSED OR IMPLIED, OR ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE.
7 It a breach or default occurs, the non-breaching party shall provide the
breaching party with a thirty (30) day written notice to cure such delault or
breach, ar it the defect cannot be cured within thirty (30) days, the breaching
party shall nonetheless commence to cure such detect and shall, in good faith,
complete such cure in as timely and expeditious manner as i5 feasible in the
circumstances. 11 the breaching party tails to cure or to commence the cure of
the defect within the prescribed time frame set forth herein, the non - breaching
party, at its sole discretion, shall provide notice to the breaching party of the
immediate termination of this Agreement. Events beyond Company's control.
including but not limited to acts of nature, electricity outages, and inability to
obtain needed replacement parts, shall not constitute breaches of This
Agreement.
8 Customer desiring a Company-Installed System on a public rights -of -way or
on other property not under customer's jurisdiction must provide the Company
with written permission Porn the entity with legal jurisdiction aver that right-of-
way or property before installation will begin. Customer must reimburse
Company for costs associated with obtaining easements.
9 Company reserves the right to refuse to install Company equipment
on anther's property, however, any Company agreement to Install
System luminaires or other Company facilities on poles or structures owned by
a third entity is contingent upon receiving written consent for such installation
from that entity. Customer will be required to reimburse the Company for
monthly fees charged for pole contacts for System attachments on poles or
structures not owned by the Company,(i.e.,owned by other utilities or entities).
This lee will be imposed only when contacting or modifying existing poles to
allow for clearances required for the System equipment.
10 Company shall not be liable for any claims. demands. cause 01
action, liabilities, loss, damage or expense of whatever kind or nature,
including attorney lees, Incurred by Customer for actions involving a structure
not Companyowned on which the Company has placed Company-
owned equipment at Customer request. Additionally, the Company will not
be responsible for any repairs needed by the structure that is not owned by
Company. If the structure becomes unsuitable, or unsafe to
support Company -owned equipment the Company retains the right to remove
the equipment from the structure. 11 Company equipment is removed
under these conditions Customer will owe Company a pro -rated amount for
the removed equipment plus removal costs minus salvage value.
11 When changes are requested by Customer at anytime alter the System is
Installed and before the normal end of System life. Company will evaluate and
estimate the costs of the changes. The Changan will be made after
the Customer pays the agreed upon amount II any to make changes. Changes
include such matters as relocating poles, changing luminaire styles (post top,
cobrahead, floodlight), (heir locations, wattage, and lamp source (e.g..
metal halide, high pressure sodium). Any such agreed upon changes will be
documented either by a new or an amended Agreement. New equipment
added to the System will require a new Agreement.
12 II any pan, term, or provision of this Agreement is adjudged by a court
of competent jurisdiction to be contrary to the law governing This
Agreement, the validity of the remaining parts. terms, and provisions shall not
be affected thereby.
13 This Agreement, and 811 tho terms and provisions hereol, shall be
binding upon and inure to the benefit of the parties hereto and their respective
heirs, executors. administrators. successors. personal representatives.
and/or permitted assigns.
14 Each party to this Agreement represents that it i5 sophisticated and capable of
understanding all of the terms of this Agreement, that it has had an opportunity
to review this Agreement with ils counsel, and that it enters this Agreement
with lull knowledge of the terms of the Agreement.
15 No delay of or omission in the exercise of any right, power or remedy
accruing to any party under this Agreement shall impair any such right, power
or remedy, no shall it be construed as a waiver of any future exercise of any
right, power or remedy.
16 Neither party shall assign this Agreement without the prior written consent al
the other party, which consent, it given shall nal relieve the party of making
such assignment from tull responsibility for the fulfillment of its obligations
under this Agreement. PROVIDED, THAT the Company may assign this
Agreement to its parent or any subsidiary entity or to an affiliate.
PAGE 4 O 4 !OUTDOOR LIGHTING SERVICE ACCOUNT x195503050
' AGREEMENT' CM35o6938
1
Dole 111/062014
id
Approved and Adopted this day of
t
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
Ja
Date:
s Brainard, Pr d 7y
Mary Ann ,$urke, Member 2 y
Date; ! pJ — J -/ /
Lori S. Wagon, Member
Date: /3. /.3 //4
ATTEST:
DUKE ENERGY
/R-r A 6oascy
Printed Name
Date: )1.- 19. "a 019
ndra M Johnson
Clerk For
Diana Cordray, IM . Clerk- Treasurer
Date: /z -3- /y
-t(b)
NOTE:
INSTALL CABLE WITHIN 5'
OF EXISTING FENCE. PROPERTY
OF SUSAN STARKEL, 9921
LAKESHORE OR E.
ENGINEER TO FLAG ROUTE
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Work Order Number 3506938
Customer /Conrad MARY CLARK
317- 569 -9333
Conrad Phone
Job Sae Andress
ON
County
State. ZIp
LAKESHORE DR E 6 iAHOE CT
FARM
HAMILTON /CLAY TOWNSHP
IN
Designer Shirley/inter
Designer Phone 317.896.6711
INSTALL 100W HPS TRADITIONAL STREET LIGHT,
12' RND,TAPERED, DI FIBERGLASS POLE, UG
WIRING
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