Loading...
Duke Energy/Woodacre/EngrDuke ilrx"Orgy. 16475 Sou_thpark Drive Westfield, In 46074, November 09, 2007 City of'Carmel Dan Greakamp Street piiment; 3400 W.A31 Westfield, IN 46074 Subject: City'of.Carmel ,86 Woodacre Drive Carmel, IN 46032 Dear Valued Customer: a/(e(2 CA-Z Sr.n C),/ IJ? _ Thank. you forthe.opportunityto provide you with new outdoorlighting..Enclosed are two copies of the Outdoor Lighting. Service Agreement, (the "Agreement"), along with a site drawing showing the light pole locations foryour review-and' approval This Agreementis associated with an agreemententered'rrtowith another party Thatpariyhas agree&topaya onetime. turn p.sunicunt in consideration ofthe equipment installation costs., The enclosed Agreemant indicates thatyou agree to payonlythe continuous,monthlycharges,forEnergy Usage and Nainlenance for;as longias the lighting egwpment is in service. These'charges are`estimated.grid;do notindlude:anyapplicable sales taxes ,orrate tariff riders for Energy Usage. Adescription ofthe lighting equipment and. the associated estimated Energy :Usege-and, Malnte pan ce-charges are,shown on pages 1`&2.ofthe,Agreemerri. Also, on page 2.is a disclaimer with regard to the amount oflighfoutput;'This.indicates that the lights to be'installed 6repursuanl:6 your request and mayor may net meet minimum Illuminating Engineering Soc. ety(IES) sandertls. Also, please review pages 3;& 4:te become familiar with the other terms of. the Agreement. Please sign both copies of the document, return one copy and retain one for your records- If the other partydoes not pay the lump sum,amountthis Agreem ant will become null snd`vdid, and'we will,propose another agreement to the appropriate party or parties. Please note that this proposed-Agreement and the do llef,a'm ounts:quoted will'expire^ninety (90),days-from the date of this letter. Ifwe do. not receive your signed Agreementwithiri thattime period, a new Agreementwill be issued only upon your request. You will receive.a letter after the new lights are installed, inform ing you when the..ligfii in service. Monthly billing will begin after the ins tallation.date; which also begins the initial term ofthe agreement. Yoursignature on this Agreementis your approval for us to orderthematerials„process the workorder;.and proceed with installation: once the lump,sum paymenthas.been received from;theother partytothis?Agreemsnt. Sincerely, Shirle.?l Ouke,EnergyRepresentative ph(317)896-6711 fax(317)896-6712 Agreement information Energy and Maintenance CM-00931361 11/9/2007 Agreement Cawerage Agreenetr Number Current Daze 53403669 102,896 100 CP5 562 ZE075PIOLE SULP us(ormr Account NU W Request NUrroer Corp. CPC"ff LOC Won code Raze Code OUTDOOR LIGHTING SERVICE AGREEMENT Duke Energy Indiana, Inc. 1000 East Main Street, Plainfield, IN 46168 ® P Duke Energy. APPROVED AS TO FORM BY Business Name Customer Name The Agreement begins when Service is Service Location or Subdivision Service Address 86 Woodacre Drive in operation and continues, with annual extensions, unfit either party terminates with written notice to the other party Seance Address . Service City, State, Zipcode Carmel IN 46032 Mailing Name Dan Greskamp Third Party Participant- One Time Payment Mailing Business Name City of Carmel Mailing Address Street Department Mailing Address 3400 W. 131 Mailing City, State, Zipcode Westfield IN 46074 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 w ill cover the Energy usage and Maintenance, and w ill continue for the service life of the lighting system or light(s). Passe see attached draw Ing or Exhibit "A" for the proposed placement of lighting equipment. WITNESSEZH: WHEREAS, Customer desires to-haven Company-ow, ned outdoor lighting. system ("System') on designated property;. and WHEREAS, Company has the ability to ow n, install, operate and maintain an outdoor lighting system; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follow s: Below is the estimated monthly amounts for the lights and poles covered by this Agreement. LAMP IMPACT EST "EST MAINLOPER NUMBER 'ESTIMATED ITEM p LUMINAIRE STYLE/DESCRIPTION WATTS SOURCE WATTS ANNUAL ENERGY CHG EACH OF LIGHTS LINE I xWH CHG EACH TOTAL 1 Cobrahead,150W HIPS DRP(800006) 150 HPS 0.186 744 $ 2.81 53.52 1 $ 6.33 Lamp Source - MH = Metal Halide, HPS = High Pressure Sodiur MONTHLY TOTALS. 1 $ 6.33 " 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 turn inaire inform ation;with estimated monthly amounts shown above, please refer to Pole-Information in Section 1 - A hereof, Energy Usage in Section 1 - Band System Maintenance information in Section IV for further details. IN WITNESS WHEREOF, the parties hereto have caused tw o copies of this Lighting Service Agreement ("Agreement') to be. executed by duty authorized representatives, effective the Current Date first w ritten above. This. Agreement is made and entered into by the subsidiary of Duke Energy Corporation, a Delaware corporation, narred above {hereafter, "Company") and the Customer. Neither Duke Energy Corp. nor any of its other affiliated companies are parties to this Agreement. Like Energy Representative Signature Printed Name Shirley Hunt Date 11/9/2007 AND Signature Printed Name Date Customer/ Representative W 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 the System. 1.2 Adetail of the locations of the.equipmenf constituting the System is set forth ina drawing or print marked "EXHIBIT A", which is attached hereto, made apart hereof and incorporated herein by reference. 1.3 In addition to the Luminaires setforth on page 1, the System consists of the following poles: A. Pole Information (monthly charges included with luminaires on paged) ITEM If POLE DESCRIPTION Itlin QUANTITY 1 30FT WD l (0050123121) 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 Effective Date 05/24/2004 Estimated Annual Burn Hours 4,000 'CALCULATION FOR EST IM AT ING UNM ETER ED ENERGY USAGE Impact Walts -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 annualwatt hours., monthll to, Annual watt hours divided by UOO hours equals annual d. Monthly kVvh limes current rare per kWh equals the are not. included. W hiCh may cause LIGHTING LAYOUT DESIGN DISCLAIMER (CUSTOMER TO SIGN WHEN APPLICABLE) Companyhas installed the System in accorcance with Customers specifications concerning the design and layout (including pole locations, numberand typos of ligats). Companyhas not designed the. System. Customeris responsible forall aspects o f the design andlayout of the System. Customerundersfands that its design and layout of the System may not. be in acco rdence Will minimum lo0tcandle and Nghting uniformitystandards. Therefore. Customer agrees to release, inderrafy, hold harmless, and defend Company from and against any and all claims. demands, causes of action, liabilities, losses, damages, antlrorexpenses resulting from (or allegetl to reswulf fmm) the design antl/orlayout of the System, including damage to ordesfruction ofpersonalpropeny. personal injures including death), and reasonable Otto meys' fees. Customer's Signature Date PAGE2 OFa IOU TO OOR UGHT ING SERVICE REV.a/2008 ACCOUNTe AGREEMENT OAT 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-DAMN (ONE HALF HOUR AFTER SUNSET TOONE HALF HOUR BEFORE SUNRISE) TO QUA LIFY FOR THIS ENERGY,USAGE RATE. 2.1 OptionA is the typical dusk-to-dawn photo electric cell automatically o petaled System. Lights turn on approximately 112 hour after sunset and shut off 92 hour bale re sunrise. This mey be a ma nthly estimatetl energy usage based o n luminaire impact wattage and lamp so uroe equally over twelve me nths (See Section I - B, above) o r metered using actual energy usage plus a me nthly metercharge. damage will be pedormad on a time and material coat basis, in which instance an estimate of ca sts will be provided to the Customer before the work begins. Company reserves the right to Charge Customer for repair costs incurred due to.vandolism. 4.3 M aintenance does not include partial orfull System replacement or major repairs due to System age. W the many Systems last 15 to 25 years, different types of lighting equipment have different life spans. Lighting equipment suppliers mayalso discontinue manufacture of certain equipment. End of file to r a System will be determined by the Company. 4A Company reserves the right to update or moody the monthly maintenance charges to reflect changes in Company co sts 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. 22 OptionB -AVAILABLE FOR ONLY M UNICIPALOPERATED AREAS AND WITH COMPANY APPROVAL. This option is exclusively for seasonal lighted omaments operated from 120 volt outlets Which are mounted near the top of Co mpany poles. Co in parry reserves the right to approve the omamant weight, size, wattage and attachment arrangements before installation. The o me in ant weight limit is 25 pounds. Initial costs of wiring, outlets and other associated costs will be bome bythe Customer Ora time and material basis before being energized. Seasonal ornamental lighting will operate dusk to pawn during the months of November 5th through the followingJanuary 15th. The total days of operation are approximelely6t 22.1 After the initial permanent installation of o inlets on the poles, the o moments must be installed and removed seasonally on Company-owned poles between the hours of 8.00 a.m. and 5:00 pm. 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. 2.22 Seasonal Ornamental Lighting estimated wattage for each ornament is limited to 350 watts. 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. Monthlycharges are based on estimated unmetered charges using the calculation methods shown on Page lot this Agreement and adding any energy tariff riders and applicable sales tax. Both unmetered and metered outdoor lighting energy usage charges are based an the per kilowatt hour amount approved bythe appropriate State Utility Commission. 32 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 appro priale State regulao rty entity, (the- Commission*) and shall be deemed apart of this Agreement as it fully set forth herein. SECTION IV. - SYSTEM MAINTENANCE 4.5 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 Co mpany-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 monthlycosls set forth in accordance with the applicable tariff rate for the energy provided for the tens of this Agreement.The estimated monthly amounts due are summarized on Page tot lhis'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 C ommissio n, then payments by Customer to Company for this service ahall thereafter be made upon the basis of such new rates as changed and approved by the Co mmission. SECTION VI. - TERM OF AGREEMENT 6,1 Service under. this Agreement shall' commence as soon as practicable afterths 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 lake and Company shall render service hereunder, shall be in accordance with the Option indicated on page lot this Agreement ('.Initial Term-). After the Initial Term, this Agreement shall continue in tome 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 apart 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. representalio ns, or agreements, either written o r o ral, with respect to the System. However, nothing herein shall preclude either party from commencing an action to r unpaid bills, other damages, o r breach of prior agreements during the time they ware in effect. 4.1 Normal maintenance includes the replacement or repair of any item included in the System except seasonal outlets. M aintenance is performed after notification from the Customer that a problem exists andlo r during a Company scheduled maintenance cycle. Companywnll stock only the most common equipment: acquisition of some repair parts could cause a delay in permanent repair. 42 No tried maintenance covers o minary wear and tear with pro peruse of the System. Repairs or replacements requested as a result Customer-caused 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 o ut of or related to the subject matter of this Agreement (including ton claims), shall be 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 OUTOOORUGHTINGSERVICE REV.4/2aaB ACCOUNT4 AGREEMENT DAT EXHIBIT'S' -OTHER TERMS AND CONDITIONS 1 All Systarri facilities instellsd by aompenyunderthis Agree Merl am arid. g a hall roman the property of Company,. T he terminmfon of this Agreement for any masonnhslsowar shall hot in anyvreyaffeci such ownenhlp by Company, deprive Company of the tint either to manova any or all pro party comprising the System a retry pertlhsrwf or to use the same bi a r-16 connectionwhh the randedng of other service by Company. 2' 9 Customer requwta part or Cal of the System' E removal bactertheand of of,.the. Syst am's useful lie, Inc ludhlg. by reason of lamina tion of this Agreem9In. Cue tumor musCpay Componys Limecove'redcsat of the. System minus any salvage value; to. be dafermload at the sole. discretion Conipeny,pus Ifys(em remove) aoala. Theo 61igellona of Custo mar to peyth r monthlyinvoke and any applkablo Iota. fees. of any amount dueaM aYAnp.fo.COMParlyw e,renult of this Apmemamorincenrasta onwashth96ghle and privgegoa granted hereby, 'are Indepandinna of the liabilities ofa bilgutiens of Cu mpany bemundar. Customer shag make all such payments due to Company YAlhout any setoffs or Counfemldima epelna! such paymenb o n 8ocount o f any broach ar am.ult 6y, or dears against; the Company pursuant to this or otherwi3a aran mcd art of any claima against Of Windt by any Nay! Company reserves the right to ratuse to Install Co rrlpeaYequlpman on. another e. ptoparty; however,-'any Company alimemepl to install Syelern Iumlrmhw or ether C o mparyfacghies on poles or ewctureE owed by a thin entity is contingent upon receiving written consent for owls Installation that enlHy,.Customerwtli be require to relmdume the Companyldr monthly fees charged for pole contacts for System attachments an poles or stmcturea. notawneq Wine Ccmpany,(1 o., ewnedby other utOhba or enthias). This lee wtli 6e Imposed oriywhon eontaabng or modffyng essting pales to RHOwfor clearances required fo rthe System equipment, hag not be ldolie totally clelms; demands, cause of action, Gampany n NabAillssildes, demap"e or espenee of whatever kiha o n¢tumr lncludlag Otinmey/sea, incunod by CUata motto raclioru mvoW6lp aetmeture not Companyowraid on which the Company has plaead Comaamyavmed equipment slCwtn rnerr?quest. iiddttienaM.rho Co mpsrn will not oe maponnible for any n taln'needed bythe s rractum that LL M! owned by Company. rttha structure became unousable.ar unamela support Co mine"emad equfpmanl the Company mantra the right to remove the lquipmenl from the slrueture. X Cumpmyaa ulpment le removed under Ihwoconiklons CwlomerwW awe Company opm-ntedamtter rite removed equ'rymam plus removal coats inures ealv¢pa value.. 4 CompenynlnafallolWn of the.Syalemiseonthrgantapcnobtuiningodequotc' it easomerta and dght"f-vray, y necossory. and Custamaragieos to assist the Comprrywhan nxwfarytoobtelmngeasementsorrighta fr y. which shall Include parents Sion lo)naall and m0.4daln aa[vkb IIMa and fecglles required for serving and prattling me System: 5 Compsnyiean indepandemwntractorandrotanegeni arampluyaeaf Customer and nothing co mained In this Agraamem shall he to command as juany a flndlrlp of the esiatence of a'rry`ielalldosnip hatwaan Company and Customer Into nslstoM wish that ntatu$; Co mpmnyahall have modus We, control clad raepanamlM/cries Ipaor retells na; Ca mpatrydoea not wrarmrd not pwramea Ina satmydl Cestometpr enythlyd pemj: rwrdoaa k warnm or guerehtee the Eecurityof Cu3tomar's 'eny tldf4 partypropeny,lphanp lavels,or ungamriry or property or - Ilpmlog w e mauhaf Cualo mars use cl tiro System: Company h naf IIoGo for arry injury to Cuntomor; ovary persona p r I>foRpriY arising out offha System use etherthan that arialholmel the company. COMPANYExpP rCRLYO1aCLAIMSrA RRANTIESCF V ERCHANTA B IL TY OR FITNESS FOR A PARTICULAR USE, 6ttH ER ,EXPRESSED OR 1M P LIEO,OR ARZNG FROM COURSE OF OEALIKa OR USAGEOF TRADE. rt a breach ordefault occurs, the non-breaching party shall Provide the belacmnig party with a thlttyl3g)day w rtten nolica to Cure such dafauh ,orbmch,orrlthedefectp; notbecuredwlthln thiny,(30)days, the tramming parry shag nonatholwN commence to cure such defect and .shall, In goad faith; complete such cure In es timaryand espndkio us manneras s f nislhle In the clrcumetarcw. tithe breachelg party lays !e sure dr d co rrrmance the cum of the daeCt within the passed bedL time frame set forth herein, the non-0reac16tV party, et he'aoi. dlscmilo n, shall provide pot at to line 6nachlng Parry of the Immediate temi"Itlon of this Agreement: Evants held nd Compam/S control, treading but not ism hed to seta of nature electneltydutages, and hrappity, to obtain ace-dad L 11 .1. - replecemant pans, shall not conagtute marchas of thin Agreement.- 8 Custemerdeslringe Campenyirutalled System one public nghtsof-duy oran otherpropery not Imdersuatamera judadctlon muit'provide the CompanYwim wdgan pemllasbnfmm thsemkywdhlegal Iunadiction overthat nghodf-, yor ma pony before Installation will begin. Customer must mimbune Co mparry fa r costs associated whh aEtalnlno easements. Whonchangos am mquwted by Customer at anytime afterltre5ystem' d Imtallad and bell the normal and of System lie. Company wyh evaluate end wfnnme the Caen of thaehangw Theehanpw,vAltmmade_alterthe C ustomar pays the domed upon amount if any is make change,. Changes includes ach motors as relocating poles, changing l umin i m styles (poet top, cobmhead,ftaod4ht), ItreEt locutions.'vrthage, and lampadaroe(e.p, metal hellos, high presaureaod'ium). Anysuchagreadupon changes VA be documented elther M a new a r en amended Agreement'' Newaqulpmonl added to Me System ng1 raquini a newAgracmenl. R sally part, term, or provla d n of this Agreement is adjudged taw a court of oa rapeUmjun3djptio n to be Contnrylo the Law governing this Agreement, lies veikuty of framnalnlno pans, termsr and pnYbianE ihs71no1 be affected them. 4 nil Agreement; eM all the terms and provbbns hereof. shall be binding upon and Inum to the benefit of the parties hereto and their rwpecVve helm, eaecrna raraominislraton, succnsota; Pelee real}apmsemetwea, anoldr papli tad aasigna, N Facnpany tofhla Agnememiaprosmte that it is aophbtkated"endcepable of undemanding all of the terms of this Agreement that a her had an opportunity to revtee this Agreementwith'its coumN: and that B antes this Agreement with full knowledge of the tame of the Agmenti nt..- i5 No 14aYot or emissib a m the ormrdlse of any rqM, pourer or remedy acanuing to any party under Ihis Agmain art ahah ImPa6 anysuch right, poweror remedy; no r. hall it be c, ramrod as a wahmr of any fur um ma)miso of arty; right, power a r remedy, E- Nether may shell assign this Agreement without the priarwTnten consent Of the othorparty,whichoonaent, i gHan a he 11 rot rNi% svetha partyofmaking ouch we]gnment 1(om full rasps nal6aHy /entire }uIF8lment of na o Mlpatiam under this Agreement, pROVIDED,ThiAT,lha Companymaypaeipn this Agmemant to Its pdnant e r any aubardiery entity Otto on affalale. PAGE 4 CF -a. OIfTOWR LOffl G85RVtCE REV:4020108 ACCOUNTa AGREEMENT DA ACCEPTANCE APPROVED AS TO FORM BY THE CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY, HEREBY CAUSES THE DUKE ENERGY INDIANA, INC. OUTDOOR LIGHTING SERVICE AGREEMENT, AGREEMENT NUMBER CM-00931361 TO BE EXECUTED. James Braifiard, Presiding Officer Date: Marynn Bur e, M-mber p? Date: -CD Lori Watson, Mem Date: ATTEST: Diana Cordra , IAMC, Clerk-Treasurer Date: ?- (o -?? ?sb-nm?md tlWwNJpirkmumm?Wpwi aacpaorc dec:111WDtl?