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Home My Public Portal About028-2019 - Engineering - RP&L - Decorative Street LightsV AGREEMENT FOR STREET LIGHT CONSTRUCTION, INSTALLATION, AND CONNECTION TO EXISTING ELECTRICAL SYSTEM THIS AGREEMENT is made and entered into this 5 day of M l `� , �- 4, 2019, by and between Richmond Power & Light, an Indiana municipal electric utility with its principal office located at.2000 U.S. 27 South, Richmond, Indiana 47374(hereinafter referred to as the "Utility"), and the City of Richmond, Indiana, a municipal corporation, acting by and through its Board of Public Works and Safety, and located at 50 North 51h Street, Richmond, Indiana, 47374 ("City"). WHEREAS, the Utility is an electric utility owned and operated by the City of Richmond, Indiana, and the Utility operates, installs, and maintains the existing electrical street light utility infrastructure as part of its electrical utility lighting system for the City; WHEREAS, on February 21, 2019, the City held a public hearing and subsequently adopted Board of Works Declaratory Resolution No. 2-2019 in accordance with Indiana Code (IC) 36-9-9-1 et seq. in connection with a certain petition for street lights to be added to the existing Utility system, which Declaratory Resolution included approved drawings, plans, specifications, and estimated annual costs for additional street lights to be located at the addresses commonly known as 310 North 8th Street, 320 North 8th Street, 411 North 8th Street, 814 North D Street, and 400 North 9th Street, all of which are located in Richmond, Indiana, as shown on the attached Exhibit A to this Agreement; WHEREAS, the Utility and City are willing to enter into this Agreement to set forth the required terms required by IC 36-9-9-1 et seq.; and WHEREAS, the Parties now wish to set forth certain terms, conditions, duties, and responsibilities in order that the approved lighting system may be added to the Utility's existing system in accordance with the approved drawings, plans, specifications, and estimated annual costs for said location and blocks, it being understood by the parties that the annual operating costs are firm per the approved rates and it being understood by the parties that the construction costs are estimated. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and the consideration to be paid, the sufficiency of which is hereby acknowledged, it is agreed as follows: 1. The term of this Agreement shall be for fifteen (15) years commencing on the date the street lights are fully connected to the existing Utility system. The Agreement shall automatically renew for successive one year terms unless canceled in writing by the Customer or Utility, at least thirty (30) days prior to the beginning of any renewal term. Pagel of 3 Contract No. 28-2019 .f 0 2. The annual operating cost of the street lights to be installed shall be fixed at the amount of One Thousand Thirty Dollars and Thirty-two Cents ($1,030.32) per year for the duration of this Agreement. This cost does not and shall not exceed the estimated cost of lighting on file with the plans and specifications, which plans and specifications are located in the office of the Division of Engineering and Public Works for the City, provided that this amount shall be subject to future rate adjustments as approved by the Indiana Utility Regulatory Commission (IURC) or other appropriate governing body. The City shall provide all site preparation and access suitable for Utility use and the Utility shall not be responsible for any landscaping, sidewalk repair, or infrastructure repair not resulting from gross negligence of the Utility. 3. Upon final execution of this Agreement, the street lights to be connected by the Utility to its system shall be constructed within a reasonable time, at the Utility's own expense, and the Utility agrees to maintain and operate the system in strict accordance with this Agreement, at the above -described fixed yearly rate, and in strict accordance with the plans and specifications previously approved by the City for said location and blocks. Notwithstanding this provision, the street lights installed pursuant to this Agreement may be subject to future modifications by any governing authority (INDOT, etc.) and also may be subject to future approved rate adjustments due to any changes to the lighting or technology (LED, etc.) to maintain appropriate lighting levels as required by said governing authorities. 4. The City shall make all payments required to be made to the Utility for the above -described annual operating costs upon completion of the street light connection for said location and blocks to the Utility's system. Said payments shall be made from the City's general fund or from a fund set aside for street lighting purposes and shall be reimbursed for payments made in behalf of property owners by the collection of the assessments as provided in IC 36-9-9-1 et seq. 5. The Utility does not guarantee that the supply of electric power and energy furnished for the street lights connected to the Utilities system as described herein will be uninterrupted or at all times constant. Temporary cessation of the Utility's service hereunder occasioned by acts of God, orders of public authorities, fires, strikes, casualties, necessity for making repairs or replacements of the Utility's system (including, but not limited to bulb burnout, photocell replacement, etc.), and breakdowns of or injuries to the substation or transmission and distribution facilities of the Utility (including, but not limited to vehicular accidents, vandalism, etc.) which are not due to the Utility's neglect, shall not, in any of such events, constitute a breach of the obligations of the Utility under this Agreement and the Utility shall not in any such case be liable to the City for damage resulting from such temporary cessation of service. In no event shall the Utility be liable for consequential, incidental, or indirect damages in tort, for contract or otherwise. 6. City herein agrees to comply with all other applicable rules and regulations of the Utility applicable to the electrical street light service being provided by said Utility pursuant to this Agreement. 7. City may not assign this Agreement without first obtaining the written consent of the Utility. Such consent may not be unreasonably withheld. Page 2 of 3 8. Any notice provided for or concerning this Agreement shall be in writing andshall be deemed sufficiently given when sent by certified or registered mail to the respective address of each party as set forth at the beginning of this Agreement. 9. Expect as specifically provided herein, any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing and signed by each party or an authorized representative of each party. 10. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety "UTILITY" RICHMOND POWER & LIGHT 2000 U.S. 27 South Richmond, IN 47374 By: U/ By: Vicki Robinson, President 'Randy Baker, General Manager APPROVED: Date: I d M.S ovu,AM4 Zyyor Date: lo Page 3 of 3