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2015-7-13 OPPD Street Lighting ProjectCITY OF BLAIR STREET LIGHT AGREEMENT This STREET LIGHT AGREEMENT (the "Agreement") is made and entered into as of this 1 st day of June 2015 (the "Effective Date"), by and between The City of Blair, a city of the first class and a municipal corporation of the State of Nebraska (the "City") and the Omaha Public Power District, a public and political subdivision of the State of Nebraska ("OPPD"), WHEREAS, the street, avenues, boulevards, underpasses and other public places of the City are now being illuminated by a system of approximately 951 lighting units, which in general is owned and operated by OPPD; and WHEREAS, the City desires to have OPPD continue to operate and in general maintain the lighting system referred to above, but with certain types of lights discontinued, or changed to lights of different methods, as directed, requested or designated by the City; and WHEREAS, the City may desire to have additional lighting units installed by OPPD. NOW, THEREFORE, the parties do hereby agree as follows: ARTICLE I 1. OPPD will continue to operate and generally maintain the foregoing street lighting system, according to the methods of lights described in Schedule A, which is attached hereto and made a part of this agreement by this reference, and in accordance with the terms and conditions of this Agreement. The rates for lighting units described in this Article I and Schedule A are detailed in OPPD's Rate Schedule #350 Municipal Service, Street Lighting. A copy of OPPD's current Rate Schedule #3.50 is attached hereto as Schedule B. All OPPD rates, including Rate Schedule #350, are subject to change by OPPD's Board of Directors at any time and in its sole discretion. Any changes in Rate Schedule #350 or street light rates adopted by OPPD's Board of Directors shall, from the effective date of such change, supersede and replace the rates set for in this Agreement and any Schedules. ARTICLE II 1. If possible, OPPD will install, operate, and maintain, when so requested by the City, additional Standard Methods of lighting units herein before designated, in accordance with OPPD's then existing street light rates and under the terms and conditions of this Agreement. 2. The rate for Standard Methods of lighting units, as detailed in Schedule A and Schedule B, where the current is supplied from an underground type system, is based on OPPD installing or maintaining underground conductors at no additional charge to the City. However, if any one or more of the following conditions is not applicable, OPPD shall notify the City and a contract for the additional costs will be entered into by the parties: a. OPPD installing the underground conductors in conjunction with the initial installation of the lighting units; b. Conductors for direct burial can be set in ground where other installed physical protection for the conductors is not otherwise deemed desirable by OPPD; C. The conductors being installed in areas not requiring disturbing, cutting through, drilling or otherwise tunneling under sidewalks, paved roads or other hardtop surfaces, or other obstructions at the time of installation; d. OPPD having unrestricted access to the area for its trenching, plowing and other installation or maintenance equipment; and e. An underground supply system at the proper standard secondary voltage to supply the lighting is available without added expense to OPPD. 3. No additional installations of incandescent or mercury vapor type street lighting units shall be installed. 4. Ili eliminating the incandescent and mercury vapor type street lighting units, the City Director of Public Works and OPPD shall cooperate to efficiently improve the street lighting system in the City. Overhead conductors shall be used except where underground conductors are already in place and in usable condition, or in areas that are designated by OPPD as underground areas. 5. The Miscellaneous Methods of lighting units described in Schedule A are for lighting installations where generally all equipment and materials specifically required are furnished, installed and owned by third parties and not OPPD. However, the City and OPPD may agree to OPPD's installation of Miscellaneous Methods at a price agreed upon by the City and OPPD. As provided in Article IV, such lighting units will be served at their present location, or if additional units are installed, similar to those now existing or otherwise described in Miscellaneous Methods in Schedule A, OPPD will likewise serve such additional units. 6. The method of determining the rates of the various street lights is based on the investment in equipment for each different method, operation and maintenance expenses, and the cost of providing energy to the street light. Data supporting such rates shall be made available to the City upon request. ARTICLE III On or before the twenty-fifth (25th) day of each calendar month, the City will pay OPPD for services rendered during the preceding month, one twelfth (1/12) of the annual rate applicable to each lighting unit. ARTICLE IV OPPD will operate and maintain the existing lighting system and such additional lighting units as may be requested be installed by the City under provisions of Article II hereof and in accordance with the following conditions: 1. All of the units of lighting covered by this Agreement, except Miscellaneous Method 37, shall normally operate daily from dusk to dawn. Miscellaneous Method 37 normally operates continuously. 2. The City Director of Public Works, or other duly authorized representative of the City, shall have access at all times to inspect all poles, wires, conduits, fixtures, and other apparatus used in supplying or servicing the lighting units. 3. On request by the City for the installation of Standard Methods of lighting units, the layout for such installations will be submitted by OPPD to the City for its comments and approval. After the plans have been approved and the installations completed, OPPD, upon request, will furnish the City the prints for its record purposes to show the location of each such lighting unit. 4. Upon receipt from the City of a proper requisition for the installation of a single Standard Method unit, OPPD will endeavor to install the single unit within sixty (60) days from the date of receipt of the requisition, but shall in no way be liable if the installation date shall exceed sixty (60) days. The sixty (60) day time limit as set forth, shall in no way be construed to apply to a group installation in excess of one unit. 3 5. OPPD reserves the right to refuse installation of Standard Methods of lighting units due to their location if either unsafe or unreasonable maintenance conditions foreseeably exist, as determined by OPPD. OPPD further reserves the right to remove any Standard Method of lighting unit, after installation, if unsafe or unreasonable maintenance conditions later develop. In the latter condition, prior to removal of the unit, the City will be consulted for resolving the problem by mutual agreement. 6. Other than as provided in the this paragraph, OPPD will assume the cost of maintenance for all street lighting units designated as Standard Methods in Schedule A. If, however, a lamp or fixture designated to be used with a Standard Method lighting unit is notreadily available, OPPD will substitute another similar unit of the City's choice that is included as non- restricted Standard Method in Schedule A. The rate for such lighting unit will be changed to that applicable for that unit so installed. The City will reimburse OPPD its costs for making the required changes of equipment. 7. The rate established in Article I and Schedule B of this Agreement for all Standard Methods of lighting units are based on the use of OPPD's standard poles to support the luminaires. Poles that have special shear impact features designed into either the pole or any part of its supporting structures (commonly referred to as break -away features) shall be classified as a nonstandard pole. If the City requests OPPD to provide such a nonstandard pole to support a Standard Method unit, the City shall; a. Reimburse OPPD for the difference between the installed cost for such a nonstandard pole and the installed cost of the corresponding standard pole that otherwise would have been provided by OPPD; and b. Reimburse OPPD for such maintenance or replacement costs (resulting from such pole falling for any reason) that OPPD has not been able to collect through a claim or action against any third party. 8. Luminaires for Standard Method lighting units shall be located directly above firm surface on which OPPD's standard vehicular maintenance equipment can be readily positioned. The luminaires shall not be more than forty-five (45) feet above such a firm surface and such a firm surface shall not be maintained by OPPD. E 9. The City shall reimburse OPPD for excessive installation costs for Standard Methods of lighting units due to the City's requesting such type of units being located on bridges or their approaches, ramps, over subterranean areas, or similar situations in areas where OPPD's standard secondary voltage required to supply the lighting unit or units are not readily available. The amount to be paid by the City to OPPD for such installations shall be mutually agreed upon prior to the installations of the unit or units. 10. When, due to spacing between Standard Method lighting units, an intervening pole is required to support the overhead conductors for such lighting units and used primarily for that purpose, the City shall reimburse OPPD its installation cost for such pole. 11. The rates established in this Agreement for Standard Method types of lighting units mounted on wood poles are based on the use of either a six (6) foot bracket or a twelve (12) foot mast arm as specifically specified in Article I and Schedule A. When the City requires the installation of a Standard Method type of lighting unit on a wood pole in an area that requires the use of a mast arm longer than specified in Article I and Schedule A, the City shall reimburse OPPD its added installed costs for each such longer mast arm. The added initial installed costs are as follows: a. Methods for which a six foot bracket is specified in Article I and Schedule A: $36.00 for each 12 foot mast. arm. $63.00 for each 16 foot mast arm. b. Methods for which a 12 foot mast arm is specified in Article I and Schedule A: $27.00 for each 16 foot mast arm. 5 This additional charge is subject to change by OPPD at any time and will not apply when a wood pole, owned by OPPD at any time for other distribution purposes, is used for the lighting installation. When mast arms longer than specified in Article I and Schedule A are required on steel poles, the installation will require the use of a special steel pole. In such latter instance the City will reimburse OPPD for the difference in the installed costs between the special pole required, including the longer mast arm, and that of the special pole that must be replaced in kind due to damage. The City shall reimburse OPPD the difference in the then installed costs of the special pole so required, as opposed to that of the standard pole with standard mast arm that otherwise could have been used for replacement. 12. The City shall have the right to replace any Standard Method type of lighting unit maintained by OPPD with any non -restricted Standard Method type of lighting unit; provided that the City shall reimburse OPPD its costs for the removal, plus the undepreciated value of the installed cost, and less any salvage value of the equipment that is replaced. A Standard Method type of lighting unit may be removed and/or replaced, on a case by case basis between the City and OPPD, without costs if the undepreciated value of the installed cost minus the salvage of the equipment that is removed and or replaced is equal to zero. If the City requires OPPD to move a Standard Method lighting unit, the City shall reimburse OPPD its costs for moving such lighting unit. 13. Only a metal pole or equivalent shall be used to support a Standard Method lighting unit supplied from underground conductors. 14. OPPD will work in conjunction with the City Director of Public Works to be of assistance in obtaining installations of Miscellaneous Method types of lighting units that can be maintained most economically for the City. To assure that materials and equipment installed for such type units will be compatible with OPPD's distribution system in the area where the units are to be located, the City, prior to bid letting, will furnish the plans for new installations of such lighting units for OPPD's comments and approval. For the same reason, later changes in the plans will Likewise be furnished to OPPD for comments and approval. G 15. When OPPD is requested by the City to provide service to new or additional Miscellaneous Method units, and Miscellaneous LED Method fixtures of lighting, the City will reimburse OPPD its costs incidental to extending its distribution facilities to supply the service at a mutually agreed upon standard secondary voltage. Such costs, to be paid by the City to OPPD, will not include the installed cost of the standard distribution transformer, if the transformer needed to provide service is greater than five kilovoltamprer capacity. 16. OPPD assumes no responsibility or liability for the operation or maintenance of Miscellaneous Method units and Miscellaneous LED Method fixtures of lighting, unless, pursuant to Section 18 hereof, OPPD is maintaining such units. In the event the City installs or directs OPPD to install lighting units in a spacing configuration that is less than the OPPD recommended spacing, or to install flat lens' on street lights (together, "City -Directed Changes"), the City acknowledges that OPPD assumes no responsibility or liability in connection with the City -Directed Changes and agrees to defend, indemnify and hold OPPD and its directors, officers, employees, contractors, and agents harmless from any and all claims, losses, damages and costs (including litigation expenses and reasonable attorneys fees) arising from such City -Directed Changes. 17. At the request of the City and at the option of OPPD, OPPD will furnish complete maintenance service records, including any charges, for Miscellaneous Method and Miscellaneous LED Method fixtures types of lighting installations at the City's expense. Such maintenance, however, will not include maintenance, repair or replacement of poles jointly supporting traffic signals, or of other poles or structures containing within or thereon other apparatuses foreign to the operations of the Miscellaneous Method and Miscellaneous LED Method fixtures lighting units. OPPD reserves the right to withhold maintenance of new installation of Miscellaneous Methods and Miscellaneous LED Method fixtures of lighting units until OPPD is furnished with: a. A complete bill of material of the equipment and materials installed for such units, showing the brand name together with the identifying catalog number, stock number or other identifying means required for ordering units or parts for replacements in kind; and 7 b. Complete as built prints of the lighting system for such units of lighting including the supply conductors, control circuiting, fixture wiring, etc., and the installed locations of all concealed cables, conductors, pull boxes, splice boxes, etc., supplying the lighting units. 18. When any lighting unit or its supply or control equipment is installed or maintained by someone other than OPPD, and that installation or maintenance is such as to cause danger to OPPD personnel, then OPPD reserves the right to withhold maintenance or energy until, in the opinion of OPPD, such defects have been corrected to a safe condition. Such changes as proposed by OPPD will be submitted to the City for its approval. 19. The cost of reimbursable maintenance or changes referred to herein shall include labor, materials, and transportation or other maintenance equipment expense, plus OPPD's current overhead allocation factor for administration, accounting, and other general expenses. Such maintenance or change charges will be added to the monthly street light bill submitted to the City. 20. If the City requests OPPD to furnish temporary roadway lighting, the City shall reimburse OPPD its costs incidental to installing and later removing any equipment or materials required to furnish such temporary lighting. 21. OPPD will not be responsible for trimming trees for the distribution of light emanating from any method of lighting unit. OPPD will trim trees where limbs are causing tension to the street light wire. 22. OPPD will cooperate with the City to jointly use poles for traffic signals, traffic control devises, signing, traffic signal interconnects and street lighting purposes. OPPD will supply a standard street light pole for joint uses. If this standard street light pole will not support and maintain proper line voltage clearances as specified in the National Electric Safety Code for the joint use system, the City will supply and maintain the pole for joint use. Arrangements for such a joint use system shall be mutually agreed upon by the City's Traffic Engineer and OPPD. M 23. At the time OPPD's jointly used poles need to be replaced due to a knock down or regular replacement requirements, OPPD will transfer the messenger and traffic control cables to a new pole. If repairs are needed, OPPD will repair the messenger cable and reinstall it to the new pole. The City must make repairs to the traffic control cables and devises. OPPD will bill the City for all materials and labor for the necessary work. 24. OPPD, upon request of the City, before April 1 of each year will furnish the City an estimate of any proposed increased street lighting costs for the inclusion in the next year's budget. 25. All standard method street lights that are inoperative for more than thirty (30) days after notification from the Director of Public Works office will be credited on the City's monthly street light bill. 26. Luminaires of Standard Method types of lighting shall be inspected and maintained by OPPD on demand or in accordance with the standard industry practices. OPPD will work with the City Director of Public Works to notify the City of the locations of street lights to be inspected and maintained prior to work being done. 27. Under normal maintenance procedures OPPD will replace a Standard Method street light that is damaged by a vehicle accident. 28. The City and OPPD will work together to evaluate any new street lighting applications that are introduced by industry standards. 29. OPPD will cooperate with the City to approve or deny the request from private parties for the installation of foreign devises on streetlight poles. OPPD and the City will review applications for these foreign attachments (I.E. Banners, Communication attachments) for structural strengths on a case by case study. C ARTICLE V 1. Applicable Law. OPPD and the CITY shall conform with all existing and applicable city ordinances, resolutions, state laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. 2. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. If the Agreement is deemed voidable, OPPD shall have no further obligations to the City under this Agreement. 3. Merger. This Agreement shall not be merged into other oral or written contracts, leases or deeds of any type. This is the complete and full agreement of the parties. 4. Modification. This Agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative to either party is empowered to alter any of the terms hereon unless done in writing and signed by an authorized officer of the respective parties. 5. Assignment. anent. OPPD may not assign its rights under this Agreement without express written consent of the City. 6. Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representatives. [DE 7. Approval of Amendments, The parties acknowledge that, as of the date of the execution of this Agreement, Section 10 of the Blair Municipal Code provides as follows: a. Any amendment to contracts or purchases which taken alone increase the original bid price as awarded: (i) by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000.00) or more, or (ii) by seventy five thousand dollars ($75,000.00) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. b. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City Charter to approve immediate purchases, C. Changes in the rate schedule made by OPPD as provided by law are not considered amendments under this provision. 8. Non -Discrimination. The parties herein shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws of local ordinances because of race, color, sex, age, disability, political or religious opinions, or affiliations of national origin. 9. Indemnification. The City shall defend, indemnify, and hold harmless OPPD and its directors, officers, and employees from any claims, causes of action, suits, damages, liabilities and costs (hereinafter "Liabilities") of any kind relating to the purchase of street light fixtures and work described herein, except this indemnity shall not apply to Liabilities caused solely by the negligence or willful misconduct of OPPD. 10. Authorized Representatives, Notice. In further consideration of the mutual covenants herein contained, the parties expressly agree that, for purposes of notice, including legal service of process, during the terms of this Agreement and for the period of any applicable statute of limitations thereafter, the following shall be the authorized representatives of the parties: 11 1. CITY City of Blair Public Works Department Director of Public Works 218 South 16`h Street Blair, Nebraska 68008 ARTICLE VI 2, OPPD Omaha Public Power District Engineering Division Utilities Coordinator 444 South 16th Street Mall Omaha, Nebraska 68102-2247 This Agreement shall be effective as of the Effective date, and will remain in full force and effect until December 31, 2019 (the "Termination Date"). However, if, because of (1) changing labor and material costs, or (2) the development of new types of street lights, or (3) the development of other conditions not foreseen or anticipated by the parties, OPPD or the City shall have the right at any time after one year from the Effective Date to seek renegotiations of the terms and conditions of the Agreement. If, after the Termination Date, or during any period of renegotiations, OPPD and the City cannot agree on the terms of a new contract, this Agreement will remain in full force and effect until terminated by either party upon sixty (60) days written notice to the other party, [Signature Page Follows] 12 IN WITNESS WHEREOF the City of Blair has caused these presents to be executed in triplicate by the Mayor and attested by its Clerk, and the said Omaha Public Power District has caused these presents to be executed in triplicate by its President or a Vice President, attested by its Secretary or assistant Secretary. ATTESTED: City Clerk Date ATTESTED: Assistant Secretary Date 13 CITY OF BLAIR r Date OMAHA PUBLIC POWER DISTRICT �o �e /33 1 President Date 4#uvw.' 1 SCHEDULE A A. STANDARD METHODS: Lighting units installed, owned, operated and maintained by OPPD as follows: Method Details Method 14 (restricted to An installation where a 400 watt mercury vapor lamp and luminaire is supported approximately 30 existing installations) feet above the road surface by a 6 foot bracket mounted on a wood or steel pole provided by OPPD, or inspecial situations on a pole or a structure not provided by OPPD. Method 15 (restricted to An installation where a 175 watt mercury vapor lamp and luminaire is supported approximately 25 existing installations) feet above the road surface by a 6 foot bracket mounted on a wood or steel pole provided by OPPD, or inspecial situations on a pole or a stricture not provided by OPPD Method 16 (restricted to An installation where a 100 watt mercury vapor lamp and luminaire is supported approximately 25 existing installations) feet above the road surface by a 6 foot bracket mounted on a wood or steel pole provided by OPPD, or inspecial situations on a pole or a stricture not provided by OPPD. Method 17 (restricted to An installation where a 250 watt mercury vapor lamp and luminaire is supported approximately 25 existing installations) feet above the road surface by a 6 foot bracket mounted on a wood or steel pole provided by OPPD, or inspecial situations on a pole or a structure not provided by OPPD. Method 44 (restricted to An installation where a 400 watt mercury vapor lamp and luminaire is supported approximately 40 existing installations) feet above the road surface by a 12 foot bracket mounted on a wood or steel pole provided by OPPD, or inspecial situations on a pole or a structure not provided by OPPD. Method 49 (restricted to An installation where a 1,000 watt mercury vapor lamp and luminaire is supported approximately existing installations) 40 feet above the road surface by a 12 foot bracket mounted on a wood or steel pole provided by OPPD, or inspecial situations on a pole or a structure not provided by OPPD. Method 51 (decorative An installation where a 200 watt high pressure sodium lamp; round concourse fixture and bracket lighting) is supported approximately 30 feet above the road surface by a round bronze metal pole provided by OPPD, or inspecial situations on a pole or a structure not provided by OPPD. Method 52 (decorative An installation where a 100 watt high pressure sodium lamp; round concourse fixture and bracket lighting) is supported approximately 25 feet above the road surface by a round bronze metal pole provided by OPPD, or inspecial situations on a pole or a structure not provided by OPPD. Method 53 (decorative An installation where a 400 watt high pressure sodium lamp in a round cut off style luminaire with lighting) a bronze finish is supported approximately 30 feet above the road surface by a round bronze metal ole provided by OPPD, or inspecial situations on a pole or a structure not provided by OPPD. Method 57 (decorative An installation where a 400 watt metal halide lamp in a round cut off style luminaire with a bronze lighting) finish is supported approximately 30 feet above the road surface by a round bronze metal pole provided by OPPD, or inspecial situations on a pole or a structure not provided by OPPD. Method 58 (decorative An installation where a 400 watt high pressure sodium lamp in a round cut off style luminaire with lighting) a bronze finish is supported approximately 40 feet above the road surface by a round bronze metal ole provided by OPPD, or inspecial situations on a pole or a structure not provided by OPPD. Method 59 (decorative An installation where a 400 watt Metal Halide lamp in a round cut off style luminaire with a lighting) bronze finish is supported approximately 40 feet above the road surface by a round bronze metal ole provided b OPPD, or inspecial situations on a pole or a structure not provided by OPPD. An installation where a 100 watt high pressure sodium lamp is supported approximately 25 feet Method 61 above the road surface by a 6 foot bracket mounted on a wood or steel pole provided by OPPD, or inspecial situations on a pole or other structure not provided by OPPD. Method 62 (restricted to An installation where a 400 watt high pressure sodium lamp is supported approximately 30 feet existing installations) above the road surface by a 6 foot twin bracket mounted on a steel pole provided by OPPD, or in special situations on a pole or other structure not provided by OPPD. 14 Method Details Method 63 (restricted to An installation where a 250 watt high pressure sodium lamp is supported approximately 30 feet existing installations) above the road surface by a 6 foot bracket mounted on a wood or steel pole provided by OPPD, or inspecial situations on a pole or other structure not provided by OPPD. Method 64 (restricted to An installation where a 250 watt high pressure sodium lamp is supported approximately 40 feet existing installations) above the road surface by a 12 mast arm mounted on a wood or steel pole provided by OPPD, or inspecial situations on a pole or other structure not provided by OPPD. An installation where a 400 watt high pressure sodium lamp is supported approximately 40 feet Method 65 above the road surface by a 12 mast arm mounted on a wood or steel pole provided by OPPD, or inspecial situations on a pole or other structure not provided by OPPD. An installation where a 200 watt high pressure sodium lamp is supported approximately 30 feet Method 66 above the road surface by a 6 foot bracket mounted on a wood or steel pole provided by OPPD, or inspecial situations on a pole or other structure not provided by OPPD. An installation where a 200 watt high pressure sodium lamp is supported approximately 40 feet Method 67 above the road surface by a 12 foot mast arm mounted on a wood or steel pole provided by OPPD, or inspecial situations on a p2le or other structure not provided by OPPD. An installation where a 400 watt high pressure sodium lamp is supported approximately 30 feet Method 68 above the road surface by a 6 foot bracket mounted on a wood or steel pole provided by OPPD or ins ecial situations on a ole or other structure not provided by OPPD. Method 90 (decorative An installation where a 70 watt high pressure sodium lamp and enclosed in an Acorn globe lighting — restricted to mounted approximately 16 feet above the road surface on a black fluted steel pole, This pole can existing installations) be installed with or without a "clamshell base". Method 91 (decorative An installation where a 70 watt high pressure sodium lamp and enclosed in a Globe mounted lighting — restricted to approximately 16 feet above the road surface on a black fluted steel pole. This pole can be existing installations) installed with or without a "clamshell base". Method 92 (decorative An installation where a 100 watt high pressure sodium lamp and enclosed in Hat Top fixture lighting — restricted to mounted approximately 20 feet above the road surface on a black smooth steel pole. This pole can existing installations) be installed with or without a "clamshell base", Method 93 (decorative An installation where a 100 watt high pressure sodium lamp and enclosed in Lantern fixture lighting — restricted to mounted approximately 20 feet above the road surface on a black smooth steel pole. This pole can existing installations) be installed with or without a "clamshell base". Method 94 (decorative An installation where a 70 watt high pressure sodium lamp and enclosed in an Acorn globe lighting — with required mounted approximately 16 feet above the road surface on a black fluted steel pole. This pole can Differential upfront be installed with or without a "clamshell base", payment) Method 95 (decorative An installation where a 70 watt high pressure sodium lamp and enclosed in a Globe mounted lighting — with required approximately 16 feet above the road surface on a black fluted steel pole. This pole can be Differential upfront installed with or without a "clamshell base". payment) Method 96 (decorative An installation where a 100 watt high pressure sodium lamp and enclosed in Hat Top fixture lighting — with required mounted approximately 20 feet above the road surface on a black smooth steel pole. This pole can Differential upfront be installed with or without a "clamshell base". payment) Method 97 (decorative An installation where a 100 watt high pressure sodium lamp and enclosed in Lantern fixture lighting — with required mounted approximately 20 feet above the road surface on a black smooth steel pole. This pole can Differential upfront be installed with or without a "clamshell base". payment) 15 B. MISCELLANEOUS METHODS: Miscellaneous Method lighting units are units purchased, installed and owned by third parties other than OPPD as follows: Method Details Method 20 An installation of one 100 watt mercury va or lamp. Method 22 An installation of one 250 watt mercury vapor lamp. Method 23 An installation of one 400 watt mercury vapor lamp, Method 24 An installation of one 700 watt mercury vapor lamp, Method 25 An installation of one 1,000 watt mercury vapor lamp, Method 27 An installation of one 150 watt incandescent lamp, Method 37 An installation of one 60 watt incandescent lamp that operates continuously, Method 71 An installation of one 100 watt high pressure sodium lamp. Method 72 An installation of one 150 watt high pressure sodium lamp. Method 73 An installation of one 250 watt high pressure sodium lamp, Method 74 An installation of one 400 watt high pressure sodium lamp. Method 76 An installation of one 200 watt high pressure sodium lamp. Method 77 (restricted to existing installations) An installation of one 310 watt high pressure sodium lamp. Method 78 An installation of one 70 watt high pressure sodium lamp. Method 79 An installation of one 1,000 watt high pressure sodium lamp. Method 80 An installation of one 100 watt Metal Halide lam . Method 81 An installation of one 175 watt Metal Halide lamp. Method 82 An installation of one 250 watt Metal Halide lamp. Method 83 An installation of one 400 watt Metal Halide lamp. Method 84 An installation of one 700 watt Metal Halide lam . Method 85 An installation of one 1000 watt Metal Halide lamp, Method 86 An installation of one 200 watt Metal Halide lamp, Method 87 An installation of one 50 watt Metal Halide lam . Method 88 An installation of one 70 watt Metal Halide lamp. Method 89 An installation of one 150 watt Metal Halide lamp. C. DECORATIVE STREET LIGHTING METHODS OPPD has developed decorative street lighting methods (hereinafter, "Decorative Light Methods"), as described in OPPD Rate Schedule No. 350, Part 1, Category 4 (as of January 1, 2003, Methods 94 through 97, inclusive). These Methods are available under this Agreement for any area (a) within the boundaries of the City, or (b) subdivisions outside City boundaries but within the City's jurisdiction. OPPD shall own, install and maintain one or more of OPPD's Decorative Light Methods by arranging to have the City, a Sanitary and Improvement District through the special assessment process, or a private Developer pay OPPD, in advance, the difference in cost between the selected Decorative Light Method(s) and a comparable standard light method, as provided in subsection 2 below. 2. Whenever the City elects to have one or more of the method 94 through 97 installed, each of the following conditions shall apply: 16 a. OPPD shall prepare a streetlight layout based on a standard street lighting method for residential areas. City shall submit to OPPD an approved layout before work commences on said streetlights. b. Before it is obligated to commence installation of the decorative street light equipment, OPPD shall be paid compensation for the difference in cost between the selected Decorative Light Method(s) and a comparable standard street lighting method (the "Cost Differential Payment"). The Cost Differential Payment shall be determined by OPPD, in its sole discretion, so as to provide OPPD compensation for the incremental capital, maintenance and replacement costs for the selected Decorative Light Method(s). OPPD shall submit to the City, the Sanitary and Improvement District or to the designated Developer a written statement ("Payment Summary") which identifies the Cost Differential Payment. The Cost Differential Payment shall be paid to OPPD before the installation of such equipment either by the City, the Sanitary and Improvement District, or the designated Developer. OPPD shall provide proof of payment by others to the City. C. After the Cost Differential Payment is received by OPPD, the annual rate charged by OPPD to the City for the maintenance, operation and replacement of the selected Decorative Light Method(s) shall be the same as the annual rate for standard lighting methods, as specified in Rate Schedule No. 350, Part 1, Category 4, Methods 94 through 97. 3. The following provisions shall also be applicable to the Decorative Light Methods: a. OPPD reserves the right to discontinue offering the OPPD's Decorative Light Method(s) described herein and identified in Rate Schedule No. 350 at any time by providing written notice to the City. In such event, OPPD shall continue to maintain, operate and replace existing Decorative Light Methods owned by OPPD and installed pursuant to this Section C regarding Decorative Light Methods. b. All OPPD rates for Decorative Light Method(s) are subject to change at any time by action of OPPD's Board of Directors. C. In the event that a Decorative Light Method specified in Rate Schedule No. 350 is no longer commercially available, or is not available at a reasonable cost, as determined by OPPD, then OPPD reserves the right to replace such Decorative Light Method with a comparable decorative lighting style. d. If the City requests that new type of light be made into a standard, all of the following guidelines must be met before it will be adopted as standard with an associated standard rate: 17 i, The proposed light will be required to have a minimum of 500 lights installed; ii. The proposed light shall have a black steel pole with steel base plate for anchor bolts; iii. The proposed light shall have a cast aluminum fixture; iv. The proposed light should have power installed screw base with a 12.5" or 15" bolt circle, however, direct embedded poles are an option, as are customer installed concrete bases; v. The proposed light shall be able to have a GFI receptacle installed near the top of the pole; vi. The proposed light shall have tool -less entry to lamp for maintenance; vii. The proposed light shall accept a twist lock photo cell; viii. The proposed light shall have multi -tap ballast; ix. The proposed light shall be able to accept an optional house side shield; x. The proposed light shall be available in both "type III" and "type V" fixtures; xi. The proposed light shall have a tenon top pole; and xii. The proposed light shall have Multiple Vendors available. e. If the guidelines in paragraph C.3.d. are not met, the City may still install any desired light using OPPD's energy only Miscellaneous Method rate. OPPD can be hired for the initial installation and future maintenance on a job -order basis. The City is responsible for supplying parts both initially and for all future maintenance of the lights. The following guidelines must be met in order for the installation to proceed: i. The City must agree on placement of poles located in public right-of-way; ii. OPPD must review and approve the lighting circuit wiring scheme prior to connecting the new lights to the OPPD system; and iii. The customer must agree to be responsible for procuring and storing all material needed for the lights for the initial installation and future maintenance, W. D. MISCELLANEOUS LED METHODS: Miscellaneous LED Method lighting units are units purchased, installed and owned by others on OPPD owned poles as follows: 19 Method 28 (Installed on a An installation of one 2 -bar 100 equivalent LED fixture. 25' tall OPPD owned ole) Method 29 (Installed on An installation of one 2 -bar 100 equivalent LED fixture. a 30' tall OPPD owned ole) Method 30 (Installed on a An installation of one 4 -bar 100 equivalent LED fixture. 30' tall OPPD owned ole) Method 31 (Installed on a An installation of one 4 -bar 100 equivalent LED fixture. 40' tall OPPD owned ole) 19 SCHEDULE B Rate Schedule No. 350 (as may be substituted or revised pursuant to Article I) KC Electric Rate Schedule Omaha Public Power District Effective January 1, 2015 Energv Plaza - Omaha. NE Resolution No. 6028_ SCHEDULE NO. 350 MUNICIPAL SERVICE STREET LIGHTING Availability: To the State of Nebraska, and all Counties, Cities, Villages and Sanitary Improvement Districts throughout the District's service area. The single phase, alternating current, electric service will be supplied by the District's standard voltages, for the operation of street lighting systems for public highways, streets, and thoroughfares. General Conditions: Units of street lighting not priced in Parts 1 or 2 shall be specifically priced in the street lighting contract. Contract: Each Consumer shall enter into a contract with the District for street lighting service. Such contract shall be for a period of one year, or longer, at the District's option, and shall include a reference to this street lighting schedule and the Service Regulations of the District. The District's Service Regulations including the rate adjustment provisions thereof form a part of this schedule. Special Conditions: Annual rates stated herein shall be paid in 12 equal monthly installments; plus a Late Payment Charge in the amount of 4% of the Monthly Rate and applicable taxes will be assessed if the current month's bill payment is not received by the District on or before the due date. The provisions of Rate Schedule No. 461 apply to this rate schedule. The adjustment will be applied to the monthly energy usage for each lighting method based on the relevant light source and lamp size for such method. For information regarding kWh usage, please go to www.oppd.com/rates/index.htm. The District, at its discretion, may replace decorative units with like decorative units if the original decorative unit is no longer available or is not available at a reasonable cost. Definitions: Method: Identifies the specific combination of features (light source, mounting height, lamp size, and number of lamps) that comprise an individual streetlight. Consumer Owned Poles and Fixtures: Poles and fixtures, provided by the Consumer, to which the District adds District owned streetlight equipment and separate service wiring. Page 1 of 7 Electric Rate Schedule Omaha Public Power District Effective January 1, 2015 Enerary Plaza - Omaha. NE Resolution No. 6028 SCHEDULE NO. 350 MUNICIPAL SERVICE STREET LIGHTING Units: One or more components, including fixture, lamp, photocell, and pole, that comprise a street light. PART 1- DISTRICT OWNED AND MAINTAINED SYSTEM (Dusk to Dawn) Category No. 1: Standard Utility Style Lighting Methods Annual Rate ($): Page 2of7 Approximate District Owned Pole Consumer Mounting Lamp Wood Metal Owned Pole Height Size Single Twin Single Twin Single Twin Method Light Source feet watts Lama Lamas Lamp Lamps Lamp Lamps Overhead Wirin 61 H.P. Sodium 25 100 164.37 207.06 197.89 240.58 66 H.P. Sodium 30 200 196.68 247.11 255.96 316.07 68 H.P. Sodium 30 400 267.89 336.85 67 H.P. Sodium 40 200 232.18 292.45 65 H.P. Sodium 40 400 296.98 357.25 Underground Wirin 61 H.P. Sodium 25 100 164.37 207.06 207.40 250.09 131.54 66 H.P. Sodium 30 200 224.16 268.18 270.60 328.55 166.71 210.73 68 H.P. Sodium 30 400 349.33 394.24 231.51 67 H.P. Sodium 40 200 255.72 299.75 308.65 352.67 177.09 221.11 65 H.P. Sodium 40 400 320.52 373.45 418.36 241.89 286.80 Page 2of7 Electric Rate Schedule Omaha Public Power District Effective January 1, 2015 Energy Plaza - Omaha. NE Resolution No. 6028_ SCHEDULE NO. 350 MUNICIPAL SERVICE STREET LIGHTING PART 1- DISTRICT OWNED AND MAINTAINED SYSTEM (Dusk to Dawn) Category No. 2: Standard Decorative Lighting Methods Annual Rate ($): Approximate District Owned Lamp Pole Size Single Twin watts Lamp Larnps 100 361.83 414.65 Mounting 402.21 463.12 400 Height Method Light Source feet 400 501.30 Underground 516.32 606.75 Wirin 52 H.P. Sodium 25 51 H.P. Sodium 30 53 H.P. Sodium 30 58 H.P. Sodium 40 57 Metal Halide 30 59 Metal Halide 40 District Owned Lamp Pole Size Single Twin watts Lamp Larnps 100 361.83 414.65 200 402.21 463.12 400 471.41 400 486.42 400 501.30 400 516.32 606.75 Consumer Owned Pole Single Twin Lamp Lamps Page 3of7 157.19 197.57 266.77 277.15 296.66 307.04 397.47 Electric Rate Schedule Omaha Public Power District Effective January1, 2015 Ener v Plaza - Omaha, NE Resolution No. 6028 SCHEDULE NO. 350 MUNICIPAL SERVICE STREET LIGHTING PART 1- DISTRICT OWNED AND MAINTAINED SYSTEM (Dusk to Dawn) Category No. 3: Restricted Lighting Methods Availability is Restricted to Existing Streetlights. Existing Units may be removed or replaced at the District's convenience. Annual Rate ($): Page 4of7 Approximate District Owned Pole Consumer Mounting Lamp Wood Metal Owned Pole Height Size Single Single Twin Single Twin Method Light Source feet watts Lamp Lamp Lamps Lama Lamps Overhead Wirin 63 H.P. Sodium 30 250 190.66 259.62 16 Mercury Vapor 25 100 126.80 160.32 15 Mercury Vapor 25 175 152.77 186.29 17 Mercury Vapor 25 250 175.93 209.45 14 Mercury Vapor 30 400 226.90 275.77 305.79 44 Mercury Vapor 40 400 255.99 316.26 48 Mercury Vapor 40 700 353.83 49 Mercury Vapor 40 1,000 449.16 509.43 Underground Wirin 63 H.P. Sodium 30 250 211.73 272.11 154.28 62 H.P. Sodium 30 400 548.51 430.69 64 H.P. Sodium 40 250 296.22 164.66 16 Mercury Vapor 25 100 169.83 15 Mercury Vapor 25 175 170.87 195.80 228.98 119.94 17 Mercury Vapor 25 250 194.03 218.96 252.75 143.10 14 Mercury Vapor 30 400 247.97 288.25 318.28 190.52 44 Mercury Vapor 40 400 332.46 49 Mercury Vapor 40 1,000 483.60 Page 4of7 Electric Rate Schedule Omaha Public Power District Effective January 1, 2015 Enerp,lv Plaza - Omaha. NE Resolution No. 6028 SCHEDULE NO. 350 MUNICIPAL SERVICE STREET LIGHTING PART 1- DISTRICT OWNED AND MAINTAINED SYSTEM (Dusk to Dawn) Category No. 4: Optional Decorative Lighting Methods Standard Rate With Upfront Payment of Decorative Differential Annual Rate ($): District Owned Approximate Lamp Pole and Fixture Mounting Size Single Height Method Light Source feet Underground H.P. Sodium Wirin 70 Decorative Method Without Base: 94 H.P. Sodium 16 96 H.P. Sodium 20 97 H.P. Sodium 20 District Owned Consumer Owned Lamp Pole and Fixture Pole and Fixture Size Single Single watts Fixture Lamp Lamp 70 100 100 Decorative Method With Base and Ring: 12 H.P. Sodium 12 70 94 H.P. Sodium 16 70 95 H.P. Sodium 16 70 96 H.P. Sodium 20 100 97 H.P. Sodium 20 100 98 Metal Halide 14 150 Acorn Top Hat Lantern Acorn Acorn Globe Top Hat Lantern Bounce 190.86 207.40 207.40 190.86 190.86 199.92 207.40 207.40 197.75 The Following Lighting Methods are Restricted and Available Only to Existing Streetlight Customers. Page 5 of 7 Decorative Method Without Base: 90 H.P. Sodium 16 70 Acorn 228.75 71.07 91 H.P. Sodium 16 70 Globe 232.11 93 H.P. Sodium 20 100 Lantern 228.10 Decorative Method With Base and Ring: 90 H.P. Sodium 16 70 Acorn 263.75 91 H.P. Sodium 16 70 Globe 267.11 92 H.P. Sodium 20 100 Top Hat 208.32 Page 5 of 7 Electric Rate Schedule Omaha Public Power District Effective January 1, 2015 Enerj�v Plaza - Omaha. NE Resolution No. 6028 SCHEDULE NO. 350 MUNICIPAL SERVICE STREET LIGHTING PART 1- DISTRICT OWNED AND MAINTAINED SYSTEM (Dusk to Dawn) Category No. 5: LED Lighting Methods* Annual Rate ($): *Additional agreements will be required. Page 6 of 7 Approximate District Owned Pole Mounting Lamp Consumer Owned Fixture Height Size Method Light Source feet watts Wood Metal Overhead Wiring 28 LED 25 100 79.23 125.59 29 LED 30 100 85.76 30 LED 30 200 99.44 31 LED 40 200 121.87 Underground Wiring 26 LED 16 86 90.24 28 LED 25 100 86.15 132.51 30 LED 30 200 188.16 31 LED 40 200 201.90 *Additional agreements will be required. Page 6 of 7 Electric Rate Schedule Omaha Public Power District Effective January 1, 2015 Enerj�,v Plaza - Omaha. NE Resolution No. 6028 SCHEDULE NO. 350 MUNICIPAL SERVICE STREET LIGHTING PART 2 - CONSUMER OWNED SYSTEM OPERATED BY DISTRICT Annual Rate ($): Page 7 of 7 Lamp Size Method Light Source (watts Dusk to Dawn 77 H.P. Sodium 50 41.26 78 H.P. Sodium 70 47.28 71 H.P. Sodium 100 63.69 72 H.P. Sodium 150 80.54 76 H.P. Sodium 200 94.54 73 H.P. Sodium 250 109.49 74 H.P. Sodium 400 158.45 79 H.P. Sodium 1,000 340.51 40 LED 54 38.34 41 LED 86 67.56 27 Incandescent 150 64.32 20 Mercury Vapor 100 58.87 22 Mercury Vapor 250 104.67 23 Mercury Vapor 400 152.44 24 Mercury Vapor 700 243.88 25 Mercury Vapor 1,000 332.73 80 Metal Halide 100 57.22 81 Metal Halide 175 80.85 82 Metal Halide 250 105.12 83 Metal Halide 400 147.30 87 Metal Halide 50 38.40 The District has the option of furnishing maintenance service to Part 2 streetlights on a reimbursable basis. The terms and conditions of such service will be set forth in individual contracts. Page 7 of 7