HomeMy WebLinkAboutOUTDOOR LIGHTING REDEVELOPMENT ft*, DUKE
\Ni.= ENERGY
7/6/2018
CITY OF JEFFERSONVILLE
500 QUARTERMASTER CT
JEFFERSONVILLE, IN 47130-3672
Subject:
Dear Valued Customer:
Thank you for the opportunity to provide you with new outdoor lighting. Enclosed are two copies of the
Outdoor Lighting Service Agreement, (the "Agreement"), along with a site drawing showing the light pole
locations for your review and approval. A detailed description of the lighting equipment is shown on page
2 of the Agreement.
This Agreement also indicates the different estimated monthly payment choices available for the lighting
system. These monthly costs are divided into three components (Equipment, Maintenance and Energy Usage),
and are based on the estimated work order costs of the Equipment described in the Agreement,which are
unique to this installation.The equipment charges will no longer be reflected on your monthly bill at the end of
Initial term you choose.This will be a one-third to one-half(1/3- 1/2) decrease of the total bill, depending on
the type of Equipment and the wattage of the lights. The estimated Energy and the Maintenance charges will
continue for as long as the Equipment is in service. Please review pages 3&4 of the Agreement for more
detailed information regarding terms.
Options A through F represent your choices for the monthly lighting system payment amount.You may
choose to pay the total lump sum amount, upfront, or spread this cost over 1, 3, 5, 7,or 10 years. The
Energy and Maintenance charges will remain the same no matter which Option is chosen. Please choose the
Option you prefer and write the corresponding letter in the box near the bottom of page 1 of the Agreement.
At the bottom of page 2 is a disclaimer with regard to the amount of light output.This indicates that the
lights to be installed are pursuant to your request and may or may not meet minimum Illuminating
Engineering Society (IES) standards.
Please sign both copies of the document, return one copy to my attention at the address noted below and
retain one for your records. Please note that this proposed Agreement and the dollar amounts quoted will
expire ninety(90) days from the date of this letter. If we do not receive your signed Agreement within that time
period,a new agreement and proposal will be issued only at your request.
If you require revisions, or there arise unforeseen circumstances which change the original estimated cost of
this installation, we will review the situation with you and, if necessary, send you a new proposal.Your signature
on this Agreement is your approval for us to order the materials, process the work order and proceed with the
installation.
Sincerely, p
rgerl* R721-2.
Craig Barker
craig.barker@duke-energy.com
OUTDOOR LIGHTING SERVICE AGREEMENT
I
Agreement Information Equipment,Energy and Maintenance CLRILCLM0000011436 7/6/2018
Agreement Coverage Agreement Number Current Date
2203803 29024157 j 75110 1 S438 9882 CL811 50E5
Customer-Account Number Request Number I Corp. I CP Center LOC I Work Code Rate Cade j
OUTDOOR LIGHTING SERVICE AGREEMENT
•(. DUKE
ENERGY
Duke Energy Indiana,1000 East Main Street,Plainfield,IN 46168
Business Name This Agreement has an Initial Term
Customer Name CITY OF JEFFERSONVILLE selected by Customer.
Service Location or Subdivision
The Initial Term begins when Service is in operation;
,Service Address
atter expiration thereof,Service continues with
I Service Address annual renewals.until either party terminates with
i,
IService City,State,Zip code written noticeomeomerpany
Mailing Name CITY OF JEFFERSONVILLE
Notes:
I Mailing Business Name
Mailing Address 500 QUARTERMASTER CT
Mailing Address
(Mailing City,State,Zip code JEFFERSONVILLE IIN i47130-3672
PROPOSALS BELOW ARE VALID FOR 90 DAYS FROM THE CURRENT DATE.PROPOSAL EXPIRATION IS 10/4/2018
AGREEMENT MUST BE SIGNED AND RETURNED BEFORE THE EXPIRATION DATE.
After the Initial Term expires,the monthly equipment charges will no longer be reflected on the monthly bill,though and energy and
maintenance charges continue for the life of the lighting system covered by this agreement.
EQUIPMENT MAINT.& ENERGY TOTAL 'ESTIMATED *'AVERAGED Estimated
CHOOSE THE EQUIPMENT PAYMENT AMOUNT Monthly Operating USE NUMBER system Monthly Charge PER LIGHT
AND ASSOCIATED INITIAL TERM Amount for System °Estimated OF charge total DURING AFTER
System Per Amount Per Monthly LIGHTS in during initial Initial Term Initial Term
Option Month Total Project term
Option A-Onetime Lump Sum for Equipment $78,938.81 $64.48 $24.96 11 $89.45 $8.13 $8.13
Option 8-1 Year Agreement Initial Term $6,879.29 $64.48 $24.96 11
$6,968.74 $633.52 $8.13
Option C-3 Year Agreement Initial Term $2,356.93 $64.48 $24.96 it
$2,446.38 $222.40 $8.13
Option D-5 Year Agreement Initial Term $1,599.14 $64.48 $24.96 11
Option E-7 Year Agreement Initial Term $1,282.60 $1,688.58 $153.51 $8.13
564.48 $24.96 11 $1,372.05 $124.73 $8.13
Option F-10 Year Agreement Initial Term $1,053.42 $64.48 $24.96 11
$1,142.87 $103.90 $8.13
" Estimated Energy Is based on current charge per kWh and does not include taxes and energy rate tariff riders which will cause slight fluctuation in monthly costs.
•" The ENERGY portion may cover more than one luminaire wattage size which results in estimated Averaged Monthly costs shown above.The ENERGY may also be
METERED.If this option is chosen the Energy usage information above is superseded by the METERED usage and charges.
See Section I,page 2 for further lighting equipment and cost detail.Requests for changes in number of lights and pales,pole locations,
equipment or other requests will result in a recalculation of the amounts above.Please see attached drawing or Exhibit'A'for the proposed
placement of lighting equipment.
PLEASE INDICATE INITIAL AGREEMENT TERM CHOICE FROM OPTIONS ABOVE(A,B,C,D,E,F) DECLINE
IN WITNESS WHEREOF,the parties hereto have caused two copies of this Agreement to be executed by a duly authorized representative(s),
effective the Current Date first written above.This lighting Service Agreement("Agreement")is made and entered into by the subsidiary of
Duke Energy Corporation,a Delaware corporation,named above(hereafter,"Company").Neither Duke Energy Corp.nor any of its other
affiliated companies are parties to this Agreement.
Duke Energy Representative AND Customer/Represe tative
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Signature CJea`p ,C is.e Signature x - - I
Printed Name Craig Barker Printed Name ,,11QA-1Y.I� /4y�,, ''%NJ.•2
Date 7/6/2018 Date `-'77?l S/ /S
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
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:
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 The System consists of the following:
A. LUMINAIRE DETAIL INFORMATION
LUMINAIRE STYLE DESCRIPTION EST MAINT/ 'EST.
LED.Light Emittng Diode,HPS=High Pressure Sodium, INITIAL LAMP IMPACT ANNUAL OPERATION ENERGY NUMBER *ESTIMATED UNE
MH a Metal Halide Lamp Source LUMENS WATTS WATTS KWH EA CHG EACH I CHG OF UGHTS TOTAL
1 Light Fixture Sanibel LED 150W Black(RAL9017)Type III 12,500 150 0.1500 600 $5.86 $2.27 11 $89.45
Multivoltage up to 277V
SECTION I-A- TOTALS •ESTIMATEDMONTHLYTOTAL COST 1 89.45 I
'Tariff riders and sales tax are not included therefore the total billing amount will be different than listed above.
B. ENERGY USAGE—BASED ON UTILITY REGULATORY COMMISSION APPROVED RATES
Current Rate per kWh 0.045387 Rate Effective Date 1/1/2016 Estimated Annual Burn Hours 4,000
"CALCULATION FOR ESTIMATING UNMETERED ENERGYUSAGE
Impact Watts=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 monthly kWh.
shown in lines above equal annual watt hours.
b Annual watt hours divided by 1000 hours equals annual Monthly kWh times current rate per Kwh equals the monthly dollar
kilowatt hours(kWh). d. amount for each item.
C. POLE TYPE AND QUANTITY UTILIZED IN THIS PROJECT'(existing and new pole installation information)
ITEM It POLE DESCRIPTION _ POLE QUANTITY
1 light Pole Style C Steel 23 foot long Black(RAL9017)for Boston Harbor 11
•Existing poles have no pole installation charges;new pole charges are included in Luminaire details.
1.4 LIGHTING LAYOUT DESIGN DISCLAIMER(CUSTOMER TO SIGN WHEN APPLICABLE)
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 attorneys'fees.
Customer's Signature Date
PAGE 2 OF 4 I OUTDOOR UGHTING SERVICE I ACCOUNT ft I 2203803 1 AGREEMENT I CLRILCLM0000011436 1 DATE 17/6/1018 I
OUTDOOR LIGHTING SERVICE AGREEMENT
SECTION II—CUSTOMER OPTIONS FOR SYSTEM OPERATING 4.3 Maintenance does not include partial or full System replacement or
HOURS 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
ALL HOURS OF OPERATION FOR ANY OPTION MUST BE BETWEEN THE certain equipment.End of life fora System will be determined by the
HOURS OF DUSK-TO-DAWN(ONE HALF HOUR AFTER SUNSET TO ONE HALF Company.
HOUR BEFORE SUNRISE)TO QUALIFY FOR THIS ENERGY USAGE RATE
2.1 Option A is the 4.4 Company reserves the right to update or modify the monthly
p typical dusk-to-dawn photoelectric cell automatically maintenance charges to reflect changes in Company costs for
operated System.Lights turn on approximately 1/2 hour after sunset materials and labor no more often than every three years on a
and shut-off 1/2 hour before sunrise.This may be a monthly Company assigned schedule,which may not coincide with the term
estimated energy usage based on luminaire impact wattage and lamp of this Agreement.
source equally over twelve months(See Section I-B,above)or
metered using actual energy usage plus a monthly meter charge. 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
2.2 Option 8-AVAILABLE FOR ONLY MUNICIPAL OPERATED AREAS AND reconnect lights in a Company-owned lighting System when
WITH COMPANY APPROVAL This option is exclusively for seasonal requested to do so more times than the Company deems necessary.
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 SECTION V—PAYMENT
arrangements before installation.The ornament weight limit is 25
pounds. Initial costs of wiring,outlets and other associated costs will 5.1 Customer hereby agrees to pay Company the monthly costs set forth
be borne by the Customer on a time and material basis before being in accordance with the applicable tariff rate for the energy provided
energized.Seasonal ornamental lighting will operate dusk to dawn for the term of this Agreement.The estimated monthly amount due
during the months of November 15th through the followinglanuary are summarized on Page 1 of this agreement and are current at the
15th.The total days of operation are approximately 61. time the Agreement is initiated.A monthly bill will be rendered and
due each month in accordance with the applicable tariff rate and
2.2.1 After the initial permanent installation of outlets on the poles,the payment rules.Any Customer charge that is not paid in full on or
ornaments must be installed and removed seasonally on Company- before its due date,shall incur a late fee.
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 5.2 Should any change in the energy usage monthly charges be ordered
maintenance will result in a Customer charge on a time and by the Commission,then payments by Customer to Company for this
equipment use basis and billed on a separate invoice for each service shall thereafter be made upon the basis of such new rates as
occasion. changed and approved by the Commission.
2.2.2 Seasonal Ornamental Lighting estimated wattage for each ornament SECTION VI—TERM OF AGREEMENT
is limited to 350 watts.The estimated Annual usage is 320-333 Kwh
for each outlet.
6.1 Service under this Agreement shall commence as soon as practicable
after the System is installed and operational.The Company shall
SECTION III—ENERGY USAGE COST CALCULATION-See Page 1 notify Customer in writing as to the date on which service will begin.
3.1 Except as otherwise provided in this Agreement,Customer shall pay 6.2 The initial term of this Agreement,during which Customer shall take
Company the monthly energy charges.Monthly charges are based on and Company shall render service hereunder,shall be in accordance
estimated unmetered charges using the calculation methods shown with the Option indicated on page 1 of this Agreement("Initial
on Page 1 of this Agreement and adding any energy tariff riders and Term").After the Initial Term,this Agreement shall continue in force
applicable sales tax.Both unmetered and metered outdoor lighting and effective in successive automatic one-year extensions unless
energy usage charges are based on the per kilowatt hour amount terminated by either party upon sixty(60)days written notice.
approved by the appropriate State Utility Commission.
SECTION VI—OTHER TERMS AND CONDITIONS
3.2 The"Schedule of Rates,Classifications,Rules and Regulations for
Electric Service",and/or General Terms and Conditions of the 7.1 Other Terms and Conditions set forth in Exhibit"8"hereof are
Company,and all amendments thereto,are filed with and approved incorporated herein by reference and made a part of this Agreement
by the appropriate State regulatory entity,(the"Commission")and
shall be deemed a part of this Agreement as if fully set forth herein. 7.2 This Agreement constitutes the final written expression between the
parties.It is a complete and exclusive statement and supersedes all
SECTION IV—SYSTEM MAINTENANCE prior negotiations,representations,or agreements,either written or
oral,with respect to the System.However,nothing herein shall
4.1 Normal maintenance includes the replacement or repair of any item preclude either party from commencing art action for unpaid bills,
included in the System except seasonal outlets.Maintenance is other damages,or breach of prior agreements during the time they
performed after notification from the Customer that a problem exists were in effect.
and/or during a Company scheduled maintenance cycle.Company
will stock only the most common equipment;acquisition of some 7.3 This Agreement,the construction of this Agreement,all rights and
repair parts could cause a delay in permanent repair. obligations between the parties to this Agreement,and any and all
claims arising out of or related to the subject matter of this
4.2 Normal maintenance covers ordinary wear and tear with proper use Agreement(including tort claims),shall be governed by the laws of
the State in which the service is rendered without regard to its
of the System.Repairs or replacements requested as a result
Customer caused damage will be performed on a time and material conflict of laws provisions.
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 I OUTDOOR LIGHTING SERVICE I ACCOUNT# I 2203803 I AGREEMENT I CLRILCLM0000011436 I DATE 17/6/2018
OUTDOOR LIGHTING SERVICE AGREEMENT
EXHIBIT`B'-OTHER TERMS AND CONDITIONS
All System facilities installed by Company under this Agreement are 9 Company reserves the right to refuse to install Company equipment
and shall remain the property of Company.The termination of this on another's property,however,any Company agreement to install
Agreement for any reason whatsoever shall not in any way affect System luminaires or other Company facilities on poles or structures
such ownership by Company,deprive Company of the right either to owned by a third entity is contingent upon receiving written consent
remove any or all property comprising the System or any part thereof for such installation from that entity.Customer will be required to
or to use the same in or in connection with the rendering of other reimburse the Company for monthly fees charged for pole contacts
service by Company, for System attachments on poles or structures not owned by the
Company,(i.e.,owned by other utilities or entities).This fee will be
2 If Customer requests part or all of the System's removal before the imposed only when contacting or modifying existing poles to allow
end of the System's useful life,including by reason of termination of for clearances required for the System equipment.
this Agreement,Customer must pay Company's unrecovered costs of
the System minus any salvage value,to be determined at the sole 10 Company shall not be liable for any claims,demands,cause of
discretion Company,plus System removal costs. action,liabilities,loss,damage or expense of whatever kind or
nature,including attorney fees,incurred by Customer for actions
3 The obligations of Customer to pay the monthly invoice and any involving a structure not Company-owned on which the Company has
applicable late fees or any amount due and owing to Company as a placed Company-owned equipment at Customer request.
result of this Agreement or in connection with the rights and Additionally,the Company will not be responsible for any repairs
privileges granted hereby,are independent of the liabilities or needed by the structure that is not owned by Company. If the
obligations of Company hereunder.Customer shall make all such structure becomes unsuitable,or unsafe to support Company-owned
payments due to Company without any deductions,setoffs or equipment the Company retains the right to remove the equipment
counterclaims against such payments on account of any alleged from the structure.If Company equipment is removed under these
breach or default by,or claims against,the Company pursuant to this conditions Customer will owe Company a pro-rated amount for the
Agreement or otherwise or on account of any claims against or removed equipment plus removal costs minus salvage value.
default by any third party.
11 When changes are requested by Customer at any time after the
4 Company's installation of the System is contingent upon obtaining System is installed and before the normal end of System life,
adequate easements and rights-of-way,if necessary,and Customer Company will evaluate and estimate the costs of the changes.The
agrees to assist the Company when necessary in obtaining easements changes will be made after the Customer pays the agreed upon
or rights-of-way which shall include permission to install and amount if any to make changes.Changes include such matters as
maintain service lines and facilities required for serving and providing relocating poles,changing luminaire styles(post top,cobrahead,
the System. floodlight),their locations,wattage,and lamp source(e.g.,metal
halide,high pressure sodium).Any such agreed upon changes will be
5 Company is an independent contractor and not an agent or documented either by a new or an amended Agreement.New
employee of Customer and nothing contained in this Agreement shall equipment added to the System will require a new Agreement.
be so construed as to justify a finding of the existence of any
relationship between Company and Customer inconsistent with that 12 If any part,term,or provision of this Agreement is adjudged by a
status.Company shall have exclusive control of and responsibility for court of competent jurisdiction to be contrary to the law governing
its labor relations. this Agreement,the validity of the remaining parts,terms,and
provisions shall not be affected thereby.
6 Company does not warrant nor guarantee the safety of Customer or
any third party,nor does it warrantor guarantee the security of 13 This Agreement,and all the terms and provisions hereof,shall be
Customer's property or any third party property,lighting levels,or binding upon and inure to the benefit of the parties hereto and their
uniformity of lighting as a result of Customer's use of the System. respective heirs,executors,administrators,successors,personal
Company is not liable for any injury to Customer,or any persons or representatives,and/or permitted assigns.
property arising out of the System use other than that arising from
the sole negligence of the company.COMPANY EXPLICITLY 14 Each party to this Agreement represents that it is sophisticated and
DISCLAIMS WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A capable of understanding all of the terms of this Agreement,that it
PARTICULAR USE,EITHER EXPRESSED OR IMPLIED,OR ARISING FROM has had an opportunity to review this Agreement with its counsel,
COURSE OF DEALING OR USAGE OF TRADE, and that it enters this Agreement with full knowledge of the terms of
the Agreement.
7 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 15 No delay of or omission in the exercise of any right,power or remedy
default or breach,or if the defect cannot be cured within thirty(30) accruing to any party under this Agreement shall impair any such
days,the breaching party shall nonetheless commence to cure such right,power or remedy,nor shall it be construed as a waiver of any
defect and shall,in good faith,complete such cure in as timely and future exercise of any right,power or remedy.
expeditious manner as is feasible in the circumstances.If the
breaching party fails to cure or to commence the cure of the defect 16 Neither party shall assign this Agreement without the prior written
within the prescribed time frame set forth herein,the non-breaching consent of the other party,which consent,if given shall not relieve
party,at its sole discretion,shall provide notice to the breaching the party of making such assignment from full responsibility for the
party of the immediate termination of this Agreement.Events fulfillment of its obligations under this Agreement. PROVIDED,THAT
beyond Company's control,including but not limited to acts of the Company may assign this Agreement to its parent or any
nature,electricity outages,and inability to obtain needed subsidiary entity or to an affiliate.
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 Company for costs
associated with obtaining easements.
PAGE 4 OF 4 ) OUTDOOR UGHTING SERVICE I ACCOUNT ft 1 2203803 I AGREEMENT I CLRILCLM0000011436 II DATE I 7/6/2018