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Agreement Information Energy and Maintenance CM- 1982957 04/18/2011
Agreement Coverage Agreement Number Current Date
45503050 117322 75115 S431 V562 OLE11IN SULP
Customer Account Number Request Number Corp. CP Center LOC Work Code Rate Code
OUTDOOR LIGHTING SERVICE AGREEMENT
®E Duke nerg DE Indiana
a
1000 East Main Street, Plainfield IN 46168
Business Name Carmel Street Dept
Customer Name Dave Huffman The Agreement begins when Service is in
Service Location or Subdivision Valleybrook Subdivision operation and continues, with annual
Service Address Gray Rd Deer Ridge N extensions, until either party terminates with
Service Address written notice to the other party.
Service City, State, Zipcode Carmel IN 46033
Mailing Name Dave Huffman Third Party Participant One Time Payment
Mailing Business Name Carmel Street Department
Mailing Address 3400 W. 131st St
Mailing Address
Mailing City, State, Zipcode Carmel I 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 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 LUMINAIRE STYLE/DESCRIPTION LAMP LAMP IMPACT EST "EST MAINT- NUMBER
WATTS SOURCE WATTS ANNUAL ENERGY OPER OF LIGHTS ESTIMATED
KWH CHG EACH CHG EACH LINE TOTAL
1 Traditional Dayrorm, 175W MH PS CO(1462360) 175 MH 207 828 $3.13 $6.39 3 $28.56
Lamp Source MH Metal Halide, HPS High Pressure MONTHLY TOTALS 3 $28.56
`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 If Energy usage is metered, the information above is superceded by the METERED usage and charges.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 Customer Representative
Signature t Signature
Printed Name Shirley HunVr Printed Name
Date 04/18/2011 Date 5?=?4
If 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 POLE DESCRIPTION POLE
QUANTITY
1 12 FT FBG Fluted 131(50116432) 3
TOTAL NUMBER OF POLES 3
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 Bum Hours 4000
'CALCULATION FOR ESTIMATING UNMETERED ENERGY USAGE
Impact Watts The energy used by the lamp watts plus ballast watts.
a. Impact watts times estimated Annual Bum 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
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 APPLICABLE1
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 of the System may not be in accordance with minimum
footcandle 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 attomeys' fees.
Customer's Signature Date
IPAGE 2 OF 4 I OUTDOOR LIGHTING SERVICE I ACCOUNT #145503050 1 AGREEMENTICM- 1982957
1 DateI04118/2011
OUTDOOR LIGHTING SERVICE AGREEMENT
SECTION 11. CUSTOMER OPTIONS FOR SYSTEM 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,
OPERATING HOURS different types of lighting equipment have different life spans. Lighting
equipment suppliers may also discontinue manufacture of certain equipment.
ALL HOURS OF OPERATION FOR ANY OPTION MUST BE BETWEEN THE End of life for a System will be determined by the Company.
HOURS OF DUSK -TO -DAWN (ONE HALF HOUR AFTER SUNSET TO ONE
HALF HOUR BEFORE SUNRISE) TO QUALIFY FOR THIS ENERGY 4.4 Company reserves the right to update or modify the monthly
USAGE RATE. maintenance charges to reflect changes in Company costs for materials and
labor no more often than every three years on a Company assigned
2.1 Option A is the typical dusk -to -dawn photoelectric cell automatically schedule, which may not coincide with the term of this Agreement.
operated System. Lights tum 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 Company reserves the right to charge a fee equal to a minimum of one hour
based on luminaire impact wattage and lamp source equally over twelve labor and transportation costs for trips to disconnect and reconnect lights in an
months (See Section 1- B, above) or metered using actual energy usage plus Company-owned lighting System when requested to do so more times than
a monthly meter charge. the Company deems necessary.
2.2 Option B AVAILABLE FOR ONLY MUNICIPAL OPERATED AREAS SECTION V. PAYMENT
AND WITH COMPANY APPROVAL. This option is exclusively for seasonal
lighted omaments operated from 120 volt outlets which are mounted near the 5.1 Customer hereby agrees to pay Company the monthly costs set forth
top of Company poles. Company reserves the right to approve the omament in accordance with the applicable tariff rate for the energy provided for the
weight, size, wattage and attachment arrangements before installation. The term of this Agreement.The estimated monthly amounts due are summarized
omament weight limit is 25 pounds. Initial costs of wiring, outlets and other on Page 1 of this agreement and are current at the time the Agreement is
associated costs wit be bome by the Customer on a time and material basis initiated. A monthly bill will be rendered and due each month in accordance
before being energized. Seasonal ornamental lighting will operate dusk to with the applicable tariff rate and payment rules. Any Customer charge that is
dawn during the months of November 15th through the following January not paid in full on or before its due date, shall incur a late fee.
15th. The total days of operation are approximately 61.
5.2 Should any change in the energy usage monthly charges be ordered by
2.2.1 After the initial permanent installation of outlets on the poles, the ornaments the Commission, then payments by Customer to Company for this service
must be installed and removed seasonally on Company -owned poles between shall thereafter be made upon the basis of such new rates as changed and
the hours of 8:00 a.m. and 5:00 p.m. by a qualified electrician. Once an approved by the Commission.
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. SECTION VI. TERM OF AGREEMENT
6.1 Service under this Agreement shall commence as soon as practicable after
2.2.2 Seasonal Omamental Lighting estimated wattage for each omament is limited the System is installed and operational. The Company shall notify Customer
to 350 watts. The estimated Annual usage is 320 -333 Kwh for each outlet. in writing as to the date on which service will begin.
SECTION 111. ENERGY USAGE COST 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
CALCULATION See Page 1 Option indicated on page 1 of this Agreement "Initial Term"). After the Initial
Term, this Agreement shall continue in force and effective in successive
3.1 Except as otherwise provided in this Agreement, Customer shall pay automatic one -year extensions unless terminated by either party upon sixty
Company the monthly energy charges. Monthly charges are based on (60) days written notice.
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 SECTION VII. OTHER TERMS AND CONDITIONS
based on the per kilowatt hour amount approved by the appropriate State
Utility Commission. 7.1 Other Terms and Conditions set forth in Exhibit "B° hereof are
incorporated herein by reference and made a part of this Agreement.
3.2 The 'Schedule of Rates, Classifications, Rules and Regulations for
Electric Service and /or General Terms and Conditions of the Company, and 7.2 This Agreement constitutes the final written expression between the parties. It
all amendments thereto, are filed with and approved by the appropriate State Is a complete and exclusive statement and supersedes all prior
regulaorty entity, (the "Commission and shall be deemed a part of negotiations, representations, or agreements, either written or oral, with
this Agreement as if fully set forth herein. respect to the System. However, nothing herein shall preclude either party
from commencing an action for unpaid bills, other damages, or breach of prior
agreements during the time they were In effect.
SECTION IV. SYSTEM MAINTENANCE
replacement or repair of an item included 7.3 This Agreement, the construction of this Agreement, all rights and
4.1 Normal maintenance includes there
p any obligations between the parties to this Agreement, and any and all claims
in the System except seasonal outlets. Maintenance is performed arising out of or related to the subject matter of this Agreement (including tort
after notification from the Customer that a problem exists and/or during a claims), shall be governed by the laws of the State in which the service is
Company scheduled maintenance cycle. Company will stock only the most rendered without regard to its conflict of laws provisions.
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 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.
PAGE 3 OF 4 'OUTDOOR LIGHTING SERVICE 1 ACCOUNT #145503050 1 AGREEMENT1CM- 1982957 Date104/18/2011
OUTDOOR LIGHTING SERVICE AGREEMENT
EXHIBIT `B' OTHER TERMS AND CONDITIONS
1 All System facilities installed by Company under this Agreement are and shall 9 Company reserves the right to refuse to install Company equipment
remain the property of Company. The termination of this Agreement for any on another's property, however, any Company agreement to install
reason whatsoever shall not in any way affect such ownership by Company, System luminaires or other Company facilities on poles or structures owned
deprive Company of the right either to remove any or all property comprising by a third entity is contingent upon receiving written consent for such
the System or any part thereof or to use the same in or in connection with the installation from that entity. Customer wilt be required to reimburse the
rendering of other service by Company. 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
2 If Customer requests part or all of the System's removal before the end of the existing poles to allow for clearances required for the System equipment.
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.
10 Company shall not be liable for any claims, demands, cause of
action, liabilities, loss, damage or expense of whatever kind or nature,
3 The obligations of Customer to pay the monthly invoice and any including attomey fees, Incurred by Customer for actions involving a structure
applicable late fees or any amount due and owing to Company as a result of not Company -owned on which the Company has placed
this Agreement or in connection with the rights and privileges granted Company-owned equipment at Customer request. Additionally, the Company
hereby, are independent of the liabilities or obligations of Company will not be responsible for any repairs needed by the structure that is not
hereunder. Customer shall make all such payments due to Company owned by Company. If the structure becomes unsuitable, or unsafe to
without any deductions, setoffs or counterclaims against such payments on support Company-owned equipment the Company retains the right to remove
account of any alleged breach or default by, or claims against, the Company the equipment from the structure. If Company equipment is removed
pursuant to this Agreement or otherwise or on account of any claims against under these conditions Customer will owe Company a pro-rated amount for
or default by any third party. the removed equipment plus removal costs minus salvage value.
4 Company's installation of the System is contingent upon obtaining
adequate easements and rights -of -way, if necessary, and Customer agrees to 11 When changes are requested by Customer at any time after the System is
assist the Company when necessary in obtaining easements or installed and before the normal end of System life, Company will evaluate and
rights-of-way which shall include permission to install and maintain service estimate the costs of the changes. The changes will be made after
lines and facilities required for serving and providing the System. the Customer pays the agreed upon amount if any to make changes.
Changes include such matters as relocating poles, changing luminaire styles
5 Company is an independent contractor and not an agent or employee (post top, cobrahead, floodlight), their locations, wattage, and lamp source
of Customer and nothing contained in this Agreement shall be so construed (e.g., metal halide, high pressure sodium). Any such agreed upon changes
as to justify a finding of the existence of any relationship between Company will be documented either by a new or an amended Agreement. New
and Customer inconsistent with that status. Company shall have equipment added to the System will require a new Agreement.
exclusive control of and responsibility for its labor relations.
6 Company does not warrant nor guarantee the safety of Customer or any third 12 If any part, term, or provision of this Agreement is adjudged by a court
party, nor does it warrant or guarantee the security of Customer's property Agreement, rnt, competent jurisdiction i f the e contrary to art law to governing this
third roe lighting levels, or uniformity of lighting as a result of A the validity of the remaining parts, terms, and provisions shall not
or any party property, rtY� tY 9 n9 be affected thereby.
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 13 This Agreement, and all the terms and provisions hereof, shall be
EXPLICITLY DISCLAIMS WARRANTIES OF MERCHANTABILITY OR binding upon and inure to the benefit of the parties hereto and their respective
FITNESS FOR A PARTICULAR USE, EITHER EXPRESSED OR IMPLIED, heirs, executors, administrators, successors, personal representatives,
OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. and/or permitted assigns.
14 Each party to this Agreement represents that it is sophisticated and capable of
7 If a breach or default occurs, the non breaching party shall provide the understanding all of the terms of this Agreement, that It has had an
breaching party with a thirty (30) day written notice to cure such default or opportunity to review this Agreement with its counsel, and that it enters
breach, or if the defect cannot be cured within thirty (30) days, the breaching this Agreement with full knowledge of the terms of the Agreement.
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 party fails to cure or to commence the 15 No delay of or omission in the exercise of any right, power or remedy
cure of the defect within the prescribed time frame set forth herein, the accruing to any party under this Agreement shall impair any such right, power
non- breaching party, at its sole discretion, shall provide notice to the or remedy, nor shall it be construed as a waiver of any future exercise of any
breaching party of the immediate termination of this Agreement. Events right, power or remedy.
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 16 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
8 Customer desiring a Company installed System on a public rights -of -way or Agreement to its parent or any subsidiary entity or to an affiliate.
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 Company for costs associated with obtaining easements.
PAGE 4 OF 4 (OUTDOOR LIGHTING SERVICE I ACCOUNT #145503050 1 AGREEMENT( CM- 1982957 I Date l04/1812011
Approved and Adopted this day of 2011.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
is Brainard, Presiding Officer
Date: -43
Mary n Burke, IV /e�
Date: 6
Lori S. WatsoOVlember
Date: Ii 5 f
ATTEST:
gi
Dian. ordray, IMCA, Clerk •reasurer
Date: Ce "6 1/