Duke Energy/StreetC
October 31, 2008
Members of the BPW.
This contract is to cover the electricity cost of a street light being installed at 116 1h and
Ralston Ave. This is one of the lights that was old and on a frozen rate from Duke
Energy. Once these lights get beyond repair Duke Energy removes them and does not
replace them. The homeowners are covering the cost of the installation.
The cost of the maintenance will be handled through the Carmel Street Department.
Thank you,
Dave Huffman
Street Commissioner
CARMEL Srarr:?' DEPAPTINIENT
3400 VCS. 131ST STREET, WSfFIELD. IN 46074 OFFICE 317.733.2001 FAS 317.733.2005
JAMES BRAINARD, MAYOR
Agreement Information Energy and Maintenance CM- 00964322 5123/2008
Agrmrorf Coverage Agree+evl Nu tre-- Curet oete
06503050
ustomer Accoud Number 104,95]
equest N"or 100
orp. CP5
CP Ma 562
Work ode SULP
Rafe Code
OUTDOOR LIGHTING SERVICE AGREEMENT
Duke Energy Indiana, Inc.
1000 East Main Street, Plainfield, IN 46168
P Duke
Energy.
Business Name
Customer Name City of Carmel The Agreement begins when Service is
Service Location or Subdivision
Service Address Donnybrook Woods
116th & Ralston Ave in operation and continues, with annual
extensions, until either partyterminates
with written notice to the other party.
Service Address
Service City, State, Zipcode Carmel IN 46032
Mailing Name Carmel Street Department Third Party Participant - One Time Payment
Mailing Business Name
Mailing Address 3400 W. 131st
Mailing Address
Mailing City, State, Zipcode Westfield IN 46074
This Corrpany-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 will continue for the service Irfe of the lighting system or light(s). Please see attached drawing or Exhibit "A"
for the proposed placement of lighting equipment.
WITNESSEfH:
WHEREAS. Customer desires to have a Company-ow ned 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.
LAMP IMPACT EST --EST MAIM-OPER NUMBER 'ESTIMATED
ITEM # LUMINAIRE STYLE/DESCRIPTION WATTS SOURCE WATTS ANNUAL ENERGY CHG EACH OF LIGHTS LINE
TOTAL
I NWH CHG EACH
1 Cobrahead, 15OW HPS Flat(50108504) 150 HPS 0.186 744 $ 2.81 53.49 1 $6.30
Lamp Source - MH = Metal Halide, HPS = High Pressure Sodiur MONTHLY TOTALS 1 $6.30
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 superseded 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 forfurther details.
IN WITNESS WHEREOF, the parties hereto have caused tw o copies of this Lighting Service Agreement ("Agreement') to be executed by duly
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, named above (hereafter,"Cortpany").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 Hunt r Printed Name
Date 5/23/2008 Date
Customer / Representative
If more space is required for additional Customers ignatunes. 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 equipment constituting the System is setforth in adrawing orprint marked "EXHIBITA",
which is attached hereto, made a part hereof and incorporated herein byreference.
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 page 1)
ITEM III POLE DESCRIPTION QUANTITY
1
TOTAL NUMBER OF POLES
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. ESTIM ATINGUNNI ETER ED ENERGY USAGE
Impact Watts =The energy used by the lamp walls plus ballast watts,
a. Impact watts times estimated Annual Burn Hours as c. Annual kWh divided bytwelve(12) months equals
shown in lines above equal annual wall hours. monthyk Wh.
b. Annual all hours divided by 1000 hours equals annual d. MomhlykVVn limes current rate per kWh equals the
kilowatt hours (kWh). monthly dollar amount for each item.
'Ta
iff riders and sales tax are not included. w hich may cause the amounts to fluctuate
LIGHTING LAYOUT DESIGN DISCLAIMER (CUSTOMER TO SIGN WHEN APPLICABLE)
Companyhas installed the System in accordance with Customer's specifications concerning the design andlayout (includingpo/e
locations, number and types of lights). Company has not designed the System. Custom eris responsible to r 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
foolcandle and lighting uniformaystandards. rhemfom,Customei agrees to release. indemnify, hold harmless: entl defend Company
fm m and against any and all claims, demands. causes of action, liabilities. losses, damages, andlo r expenses resulting Ire in (or alleged
to reswuR Imm) the design andforlayout of the System, including damage to urdestructio n of personalpioperty, personalinjudes
including death), and reasonable attorneys' lees.
Customer's Signature Date
PAGE 2 OF 4 OUT DOOR UGHTINGSERVICE REV. 412006 ACCOUNTa AGREEMENT DAT
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.
damage will be pedo rmed 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 Cuslomerfor repair costs incurred due
to vandalism.
4.3 Maintenance does not include partial orfull system replacement of major
repairs due to System age. While many Systems last 5 to 25 years, different
21 OptionA is the typical dos k-to-dawn photoelectric cell automatically operated
System. Lights turn on approximately Y2 hour after sunset and shut off y2 hour
before sunrise. This maybe a morithly estimated energy usage based on
luminwre impact wattage and lamp source equally over twelve months (See 4A
Section I - B. above) or metered using actual energy usage plus a monthly
meter charge.
2.2 OptionB - AVAILABLE FOR ONLY MUNICIPAL OPERATED AREAS AND
WITH COMPANY APPROVAL: This option is exclusivelyfor seasonal lighted 4.5
ornaments operated from 40 volt outlets which are mounted nearlhe top 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
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.
Company reserves the night 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.
Companyreserves the right to charge a fee equal to a minimum of one
hour labor and transpo nation 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.
costs will toe home bytpe Comics tuna time and material basis before being SECTION V.-PAYMENT
energized. Seasonal ornamental lighting will operate dusk to. dawn during the
months of November 5th through the following January 5th. The total days
of c peration are appmximately 6t
Z2.1 After the initial permanent installation of outlets on the poles, the omaments
must be installed and removed seasonallyon 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 anyadditional outlet maintenancew,ll result in a Customer charge
on a time and equipment use basis and billed on a separate invoice for each
occasion.
222 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 A greement, C ustomer shall pay Company
the me nthly energy charges. M oall y charges are based on estimated
unm at ered charges using the calculation methods shown on Page I o f 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 ho ur amo unl approved by the appropriate Slate Utility
Commission.
3.2 The- Schedule of Rates, Clossifcatio as, R ules and Regulations for Electric
Service% andlor General Terms and Conditions of the Company, and all
amendments thereto. are filed with and approved by the appropriate State
regulao rty entity, (the' Commission*,) and shall be deemed a part of this
Agreement as 0 fully set forth herein.
SECTION IV. - SYSTEM MAINTENANCE
4.1 No rural 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 andlordudng a Company
scheduled maintenance cycle. Cora parry will stock only the most common
5.1 C usto mer 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.Tne estimated monthly amounts due are summarized on
Page lot this agreement and are current at the time the Agreement is initiated.
A monthly bill will be rendered and due each month in acco roance 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
bythe Commission.
SECTION VI. - TERM OF AGREEMENT
6.1 Service under this Agreement shall commence as soon as practicable after the
System is installed and o peratio nal: The Company shall notify Customer in
writing as to the date on which service will begin.
62 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 lof this Agreement (- initial Term' ).After the Initial Term,
this Agreement shall continue in force and effective in successive automatic
one-year extensio as 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 -13- hereof are incorporated
herein by reference and made a pan of this Agreement.
7.2 This Agreement constitutes the finalwaitlen etwression between the parties. It
is a complete and exclusive statement and supersedes all prior negotiations,
representations. or agreements, either written o r oral, with respect to the System.
However, nothing herein shall preclude either partyfmm commencing an action
for unpaid bills, other damages. or breach of prior agreements during the time
theywere in effect:
equipment: acquisition of some repair parts could cause a delay 7.3
in permanent repair.
42 No meal maintenance covers ordinary "or and tear with proper use of the
System. Repairs or replacements requested as a result Customer-caused
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 ton claims), shall be
be go vented by the laws of the State in which the service is rendered without
regard to its conflict of laws provisions.
PAGE 3 OF 4 OUTDOOR LIGIRING SERVICE REV:412006 ACCOUNTa AGREEMENT DAT
OUTDOOR', LIGHTING SERVICE AGREEMENT
EXHIBIT'S' - OTHER TERMS-AND CONDITIONS
1 All System f a chilies installed by Company under this A gmement a re and 9,
shall remain the properly of Company-. The termination of This Agreement
for any reason Whet so ever sYiall'not in any tiny affect suah'ownti hip. by
Company,depdve Compariyaf.the right either to remove Pryor all property
comprising the System or any part thereof;or to use the'saroil in or in
connection with the rendering of other sher-orce by Company
2 a Customer requests patter allofthe System's removal before theend of.
of the?Systedi useful life including by reason of emninalionof this
Agreement. Customer must pay Company s unrecovered costs of the
System minus any salvagevatue?to be determined' at the sole discretion 9
Company, plus System removal costs.
3 The obligations ofC us to metro pay the monthly. invoice and any apple able.
late lees or. any amount due anB awing to Company asa result ohhis.
Agreement c r in connection vamthe rights and privileges granted hereby,
are independent of the liabtldies orcoligations of Cc mpany hereunder
Customer shall makeall such. paymentri to Company without any
Si of counterclaims. against suchpaymentson acco chief any
breacnordef a oil by, ore lalm6' against; t he Corepaoy-p uanet to this'
or otheryie.of on account of anyclaims against or default by anythird
4 Company s installation of the System is contingent upon obtaining:adequale ii
easements and right4bf wayf ff necessary'and Customer agrees to assist
the C om parry wilmoessaryin obtaining easements c e rlghts-ef-way
which. shall includepermira ran to installandmainlaln SeNicelinesand'
facilities required for sewing and providing ilia system..
5 Companyis an independenteontreclor andnotanagentoremployeeof
Customer and nothingearromed in this Agreementchallbe so construedes
lust Ily e f inding o f the eelstenc2 of any relaho nship betweeh CG m parri
Customer into nsi5tent vath that stoics: Ca mpanyshall have exclusive
control of and responsibilityfor its labor relations..
Co mpany does not warrant no F. guarantee the s afety o f Customer or
any third party, nordor s itwarrant orguararleetheaeCumyof Customer'5
property, or anyjnird party property, lighting level s; or unh,mi of
lighting as a result of Customer's use or fee System,. Company. is not
liable for anyinjury to CustdmeL Of any persons orproperty amiing out
of the Systemcap other' Ivan that arising from the sole negligence of the
company, COMPANY EXPLIi DISCLAIMS WARRANTIE.S0,17
M ERCHANTAB ILITY OR'. FFFNESS FOR A PARTICULAR USE. EITHER
EXPRESSED OR JM PLIEO OR ARISING FR O_M'C OURSEOFCEA LIN O'
OR USAGE OF TRADE.
Ma breach o r default occurs; F he hdnbreac hang party shall provide tna
breaching party with a thirty (90) day written mutilate cure such def aurt
o r tmach, it, t the defect cannot b9 cured vnthin thirty (30 f daps, tM1e
overacting par y shall nonetheless commence to. cure such defect and
s hal I, in good fahh, co mplem "Ch cure in as timely and expedhlo Cs
manner as is feasible in the c,rcurnstange9..a the, breaching party fails'
to cure ono commence the cure ofthe defectwithin the prescnbed
time frame set forth herein, the no n-oreachmg party; al Rs sole der Chat !a n
shall pro vide notice to tha breaching party of the immediate term metro n
ort His Agreement. Events beyond Company siconimt, inducting but not
limited to acts of nature, elecincity: c utages, and inability la obtain needed
replacement parts, shall rot constitute breachasbtthis Agreement:
B' Customer desiring a Company-installed, System on. a public righis7of-way
of on other property not under custometi jurisdiction most provide
the Companywith wTiften permission fro mIts, "entitywith legal jurisdiction
over that righit I-way c rpro perty befo re installation will begin. C usto mer
must reimburse Company for costs associated with o braining easements.,
Companyresewes the right to: refuse to install Company equipment ort
anther's propetiy,hovrever, any Companyagreemem to. install System
luminaires or other Company{acilities o?poles or stmcturesovmea tiya
I entity is contingent upon receiving wrelen consent for such instalalion
teat' mity, Oustomat 41 be required to ream Curse the Company for monthly
lees charged for pole contacts for System attachments on poles or structures
not o weed by the Co mpany,(r a ,oviried by o therutiliiies a r entaies)_ T his lee
will be imposed omywhen contacting. or modifying existing. pales to allowfpr
clearances required far the SyCaam equipment
C ompany s Hall not tie liable f o cany,daims;demands, cause of aeon n,
liabilities, loss damage or expense of whatever kind or nature. including
attomeyfees. incufred by C usto mer fo r actiuns involving a structure not
Cgmpany-owhed o n which the C o mpany has' placed C o mpany-ovmed
equipment at Customer request- Additionally; the Co mpany will no46o
responsibleroradyrepairs heeded bytne strudurathat is notowned
by Com parry:. if jha structure becomes unsuitable, n r unsafe to support
Company-awned equipment: the Companym6ns the nghlto remove the
equipment from the structure If Co in parry equipment is removed under
these co ndi[id ns C unto mer lull owe CO mpany i Pro-rated amount for the
removed equipment, plus removal costs minus salvage value.
Vvhen changes are requested bycustomerat anytime after the system
Is Ihstalledrand 4efo re The normal 'end of System life, Company will evaluate
and estimate the costs of the changea-The changes vall be made after the
Customer pays the agreed upon amounts carte make changroi Changes
include 'such mattera fro miocating'poles,changing luminaire. styles (post top,
cobreheadifloodllgt their locations.wattage and lamp source (erg. metal
halide, high pressure sodiu of AnysuclySgfeed upon changes will be
either by a new a ran amended A greemem. N evr equipment added to the System
vall require'a new Agreement,
4 11 any parttenn-o or pro visia n of this Agreement is adjudged by a court of
co in patentjerrisdiclio n to be contrary to the law go yemingihis Agreement.
the validityof the remaining parts-terms, and provisions shall nut beeffected
thereby.
9. This Agreement; and all theternjs'and provisions, hereof, shall be binding
upo n and inure to lne benefit of the parties hafe[o.antl their respective hells,
executors, admlmstmio on. successo rr, personal representalives,andror
permitted es diii
M , Each partyto this Agreement mpresents lhatit is sophisticated and capable
of undarstandmg"all of the terms of this Agreement that it hasdiad'an
,o pi rtunhy to'neview this Agreement, with its counsel, and thatitenters this
Agreement. with full kncwledge of the terms of the A graement.
15 No delayot or omission in theermrcise of anyaght power or remedy accruing
,to any party undar this Agreement shall impair any such right; power o r
remedy, nor shall it W construed as a waiver. of adyfulure rpsrcise of any
rigfit power or remedy.
5, Neither party,shatlasslgn this Agreement without the pnorwrilten consent of
the o they partyrwhip h co esent.0 given ahall DoIrelieve Ina the rtyaf making
such as sign me of. from full ?espo nsieiliiy lorthe fulFllm ant of its obligations
undwihiSAgreertt ant, PROVIDED,SHAT the Company may assign this
Agreement to its parent or any subsidiary entity or to an affiliate..
ACCEPTANCE
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-00964322 TO BE-EXECUTED.
/I '7-? , /2
JamBS Brainard, Presiding 0
Dater
r'
ry AID Burke Q
Date: ? a
Lori Watson.
Date:
AT'I'EST:
Diana Cordray.J I , Clerk-Treasurer
Date: +t 3 0
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