12/11/1939 Board of Public Works Minutes

Home Browse Search

MEETING -- DECEPaTBER 11, 1939 1000 - lumen danger indicator units. $27.00 per unit per annum 1000 - lumen police recall units 1.00 per unit per annum B. For the supply of electricity to the following units furnished by the City and maintained by the Contractor.. 2500 - lumen incandescent lamps (Twyckenham and Ironwood Bridge Lights) ' $28.2.0 per unit per annum 2500 - lumen incandesccent lamps (111estern AtTemue Underpass Bights) $26.40 per unit per annum Payments to be made in equal monthly installments, each installment to be due and payable on or before the 20th of each month succeeding that in which service is rendered. 6. If the City shall.make default in the payment of any bills as hereinbefore provided the Contractor may at its option after having given ten (10) days written notice of its intention so to do, discontinue the service herein contracted for and continue to withhold the supply of electric energy for traffic director service until such time as t e City has made payment for all bills in which it is in arrears. Any suspension of service by the Contractor shall not terminate this contract unless Contractor so elects. Other- wise, upon payment by the City of the amount, it is in arrears, the contract shall remain in full force and effect for the period herein specified. 7. The Contractor does not guarantee uninterrupted service, but will use due dili- gence in this respect. However, the Contractor will not be responsible for outages, less damage or inconvenience accasioned thereby, or for loss, damage or injury resulting from extraordinary or inevitable causes. 8. The Contractor shall not be liable to the City, for any loss, injury or damage resulting from the use of the City's equipment or from the use of the energy of the Contractor or from the connection of the Contractor's wires with the customer's wires and appliances. • 9. The City, hereby certifies to the Contractor and undertakes that the wiring of the traffic director units, including a sufficient entrance ground connection has, to the knowledge of the City, been installed in a safe and proper manner, so as to comply fully with"the rules, regulations, and requirements of the National Board of Fire Underwriters as contained in their National Electric Code, and hereby represents that an inspection of said premises is unnecessary to determine such facts; and hereby releases the Contractor from any obligation to require such inspection or make any further or other inquiry concerning the same. The foregoing representations are made for the purpose of procuring the Contractor's compliance with the request for the connection of the City' traffic director units to the distribution lines of the Contractor for electric service, and in consideration of such compliance upon said representations, the City hereby assume all • risk of loss, damage or injury to persons or property growing out of or caused by the City's use of electricity herein contracted for, in and about their traffic director unit and and agrees -to indemnify, protect, and save Contractor harmless from all such loss, damage or injury and all costs', suits or demands therefor. 10. It is further understood and agreed that the terms of the within contract contained the entire agreement between the parties. It is -understood, however, that nothing herein contained shall prevent a modification of this contract hereafter by mutual agreement to the parties. 11. All the covenants, 'expressions, terms, conditions, provisions. and agreements herein shall extend to and be binding upon, or inure to the benefit of, as the case may • be, each and every one of the successors or assigns of each of the parties hereto as if in every case expressed. 12. This contract is made Subject to the jurisdiction of any governmental authorit or authorities having jurisdiction in the premises and if any of the terms and conditions hereof are altered or made impossible of performance by the jurisdiction of any such governmental authority then in such event neither party hereto shall be liable to the other for failure to comply with such terms and conditions. 13. This contract shall be in force and effect from and after its approval by resolution for a period of one (1) year from and after the first day of January, 1940 at noon, and shall continue in force and effect for succeeding consecutive` yearly periods .; thereafter until one of the parties hereto gives the other party hereto not less than sixty (60) days written notice for its intention to discontinue the furnishing or receiving of service at the expiration of any of said specified periods, at the rates aforesaid unless and until otherwise ordered by the Public Service Commission. IN WITNESS INHEREQF, said City of South Bend has caused its corporate seal to be 'hereunto affixed and this contract to be signed by the Board of Public Works of said