Duke Energy/Street/7.81/Outdoor Lighting Service AgreementAgreement Information
Energy and Maintenance CM -9156411 06/02/2016
LAMP
Agreement Coverage Agreement Number Current Date I
95503050
133717 75115 1 S431 V562 OLEIN SULP
CustomerAccount Number
Request Number Corp. CP Center LOC Work Code Rate Code I
I
OUTDOOR` LIGHTING SERVICE AGREEMENT
� UKE DE Indiana
m NMRGYm
1000 East Main Street, Plainfield , IN 46168
Business Name
WATTS
SOURCE
The Agreement begins when Service is in
operation and continues, with annual I
i
extensions, until either party terminates with
written notice to the other party.
Customer Name
ENERGY OPER
City of Carmel
Service Location or Subdivision
Service Address
Cool Creek
Service -Address
CHG EACH CNG EACH
Lawrence Rd
Service City, State, Zipcode
1
Carmel
IN
46033
Mailing Name
744
S2.81 55.00
Third Party Participant - One Time Payment
;Mailing Business Name
Lamp Source - MH = Metal Halide, HPS = High Pressure MONTHLY TOTALS
1
s7.ni
Mailing Address
3400 W 131 st St
Mailing Address
Mailing City, State, Zipcode
Westfield IN 46074
I
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) Maintenanceloperating 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 N
LUMINAIRE STYLE/DESCRIPTION
LAMP
LAMP
IMPACT
EST
"EST MAINT-
NUMBER
'ESTIMATED
WATTS
SOURCE
WATTS
ANNUAL
ENERGY OPER
OF LIGHTS
LINETOTAL
KWH
CHG EACH CNG EACH
1
Traditlonaire, 150W HPS (50110443)
150
HPS
0.1860
744
S2.81 55.00
1
57.81
Lamp Source - MH = Metal Halide, HPS = High Pressure MONTHLY TOTALS
1
s7.ni
'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 If Energy usage is metered, the information above is superceded by the METERED usage and charges.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 E er Representa a AND
Signature nc..- Signature
Printed Name slie Sanders, Printed Name
Date 06/02/2016 Date
Customer If Representative
If more space is required for additional Customer signatures, please attach a dated letter with signatures on It and reference this Agreement.
Approved and Adopted this day of , 20
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
A
James'Brainard, Presiding Officer
Date: 911" .2 /- /d
)eilxliwz� Llj�
Mary Ann Orke9 M2inber
Date: 7
Lori S. Watson ember
Date:
w
�-',hrrgtine Pauley�l`�p��urer
Date: 77 //
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 #
POLE DESCRIPTION POLE
QUANTITY
1
12 FT Rnd.FBG, Blk DI(807274) 1
TOTAL NUMBER OF POLES 1
B. Energy Usage — Based on the appropriate State Utility Regulatory Commission approved rates.
Current Rate per kWh 0.045387 Rate Etlective Date 09/14/2009
Estimated Annual Burn Hours 4000
'CALCULATION FOR ESTIMATING UNMETERED ENERGY USAGE
Impact Walls = The energy used by the lamp watts plus ballast watts.
a, Impact watts times estimated Annual Burn Hours as c Annual kWh divided by twelve (12) months equals
shown in lines above equal annual watt hours. monthly kWh.
b. Annual watt hours divided by 1000 hours equals annual d. Monthly kWh times current rate per Kwh equals the
Idlowatt 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 APPLICABLEI
Company has installed the System In accordance with Customer's specifications concerning the 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 or 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 for 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 attomeys'fees.
Customer's Signature Date
PAGE 2 OF 4 OUTDOOR LIGHTING SERVICE I ACCOUNT N 96503050 AGREEMENT CM -6156411 Dale 106/02f2016
OUTDOOR LIGHTING SERVICE AGREEMENT
� •Ii �' �► �G it
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.
4.3 Maintenance does not Include partial or full System replacement or
major repairs due to System age. While many Systems last 15 to 25 years,
different types of lighting equipment have different life spans. Lighting
equipment suppliers may also discontinue manufacture of certain equipment.
End of life fora System will be determined by the Company.
4.4
2.1 Option A is the typical dusk -to -dawn photoelectric cell automatically
operated System. Lights turn on approximately 1/2 hour after sunset and shut
off 1/2 hour before sunrise. This may be a monthly estimated energy usage 4.5
based on luminalre 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 8 - 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
lop of Company poles. Company reserves the right to approve the ornament
weight, size, wattage and attachment arrangements before installation. The
ornament weight limit is 25 pounds. Initial costs of wiring, outlets and other
associated costs will be borne by the Customer on a time and material basis
before being energized. Seasonal ornamental lighting will operate dusk to
dawn during the months of November 15th through the following January 151h.
The total days of operation are approximately 61.
2.2.1 After the Initial permanent installation of outlets on the poles, the ornaments
must 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
each occasion.
2.2.2 Seasonal Ornamental Lighting estimated wattage for each ornament Is limited
to 350 walls. The estimated Annual usage is 320-333 Kwh for each outlet.
SECTION III. - ENERGY USAGE COST
CALCULATION - See Page 1
3.1 Except as 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 State
regulaorty entity, (the "Commission") and shall be deemed a part of
this Agreement as if fuily 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 exists and/or during a
Company scheduled maintenance cycle. Company will stock only the most
common equipment; acquisition of some repair parts 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 an 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.
Company reserves the right to update or modify the monthly
maintenance charges to reflect changes in Company"costs_ for materials and
labor no more often than every three years on a Company assigned
schedule, which may not coincide with the term of this Agreement.
Company reserves the right to charge a fee equal to a minimum of one hour
labor and transportation costs for trips to disconnect and reconnect lights in an
Company-owned lighting System when requested to do so more times 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 for 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
Initiated. A monthly bill will be rendered and due each month in accordance
with the applicable tariff rate and payment rules. Any Customer charge that is
not paid In full on or before its due date, shall incur a late fee.
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 Service 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 date 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 extensions unless terminated by either party 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 part of this Agreement.
7.2 This Agreement constitutes the final written expression 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 State in which the service is
rendered without regard to its conflict of laws provisions.
PAGE 3 OF 4 1 OUTDOOR LIGHTING SERVICE I ACCOUNT k 1 95503050 AGREEMENT CM -9156411 Date 106/0212016
OUTDOOR LIGHTING SERVICE AGREEMENT
EXHIBITS' - OTHER TERMS AND CONDITIONS
1 All System facilities installed by Company under this Agreement are and shall
remain the property of 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.
If Customer requests part or all 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 unrecovered costs of the System minus any
salvage value, to be determined at the sole discretion Company, plus System
removal costs.
3 The obligations of Customer to pay the monthly invoice and any
applicable late fees 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 default by, or claims against, the Company
pursuant to this Agreement or otherwise or on account of any claims against
or default by any third party.
4 Company's installation of the System is contingent upon obtaining
adequate easements and rights-of-way, if 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 of 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 parry property, 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
that 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.
If a breach or default occurs, the non -breaching party shall provide the
breaching party with a thirty (30) day written notice to cure such default or
breach, or if the defect cannot be cured within thirty (30) days, the breaching
party shall nonetheless commence to cure such defect and shall, in good faith,
complete such cure in as timely and expeditious manner as is feasible in the
circumstances. If the breaching parry fails 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 from the entity with legal jurisdiction over that right-of-
way or property before installation will begin. Customer must reimburse
Companyfor costs associated with obtaining easements.
9 Company reserves the right to refuse to install Company equipment
on another'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 fee 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 of
action, liabilities, loss, damage or expense of whatever kind or nature,
Including attorney fees, Incurred by Customer for actions involving a structure
not Company-owned 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. If 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 any time after the System Is
installed and before the normal and of System life, Companywill evaluate and
estimate the costs of the changes. The changes will be made after
the Customer pays the agreed upon amount it any to make changes. Changes
include such matters as relocating poles, changing luminaire styles (post top,
cobrahead, floodlight), their 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 If any part, 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 all the terms and provisions hereof, 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 Is sophisticated and capable of
understanding all of the terms of this Agreement, that it has had an opportunity
to review this Agreement with its counsel, and that it enters this Agreement
with full 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, nor shall it be construed as a waiver of any -future exercise of any
right, power or remedy.
18 Neither party shall assign this Agreement without the prior written consent of
the other party, which consent, if given shall not relieve the party of making
such assignment from full 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 OF 4 OUTDOOR LIGHTING SERVICE ACCOUNTk 95503050 AGREEMENT CM -9156411 Dale 06/02/2016