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HomeMy WebLinkAbout12/11/1939 Board of Public Works Minutes09: MEETING -- DECEMBER 11, 1939 0 U • • 40 The Clerk of the Board reported that he had received bids from three companies for a stoker for the Electrical Department and that the, bid of Sari Berman of 292.50 was thi lowest and best bid. A motion was made, seconded and unanimously carried that one #D60 Conco Stoker completely installed be purchased from Sam Berman.at the quoted price of $292.50, the electric wiring and pit construction being done by the electrical departmei On motion duly made, seconded and unanimously carried the Board authorized the purchase and installation of the following scale; for the Weights & Measures Department One code #12202 twenty ton Fairbanks Morse Truck Seale,.type R. for platform thirty-four feet by ten feet (341x10t), equipped for dial-printomatic. One 0-25 Fairbanks dial, graduation fifty thousand lbs. by ten lbs.; double face for dial; equipment for printomatic; one lot of steel for concrete deck construe- tion; six feet of added extension levers; one set of blueprints showing ex_tention; The lever system for the scale will be set by the City E�.gineer, Scale Inspector and A. L. Henson, dial to be installed by Fairbanks-Mcrse Sca e Engineer at regular F-Iff rates. The City Engineer will advise exact amount of extension needed. This ex- tension to be charged for at $4.08 per foot (minimum charge $16.32 for first four feet or less) ,The price of this scale is $1293.68 less credit by old scale traded in of $75. or $1218.68 CEMETERY DEPARTTJENT : Lisle F. McNabb was present and filed his report for the month of November, 1939, showing $218.00 received for regular care and burials and e50.00 receiv for perpetual care. STREET DEPARTMIENT: Anton Zmudzinski was present and matters pertaining to his d were discussed., Mr. Zm.udzinski reported that the Street Department had discontinued use of the Raniewski dump as of today. Meeting adjourned at 11:00 A.M. ATTES RIB :EETiT'G -- DECEMBER 11, 1939 A regular meeting of the Board of Public Works was held on Monday, December 11, 1939, at 9: A. M. All members were present. Payrolls of the various departments in the amount of $3819.89 and claims of the following suppliers in the amount of $8084.8 were approved and ordered paid: AsIphalt Prod. Corp. �15.96 Linde Air Products Co., .96 n n if 123 0 3 If it It If 3 52 Saxe Berman Business Systems, Inc. it if it tf It if Dr. J. V. Cassady City later Works Continental ail Co. Edwards Iron Works, Inc. Fiwek Bros. it tt tt tt It it Ed. Fleming for B.J.11cCaffery Indiana & Michigan Elec. Co. Interstate.Glass & Paint Co., G. E. Meyer & Sons, Inc. Linde Air Products Co., tt it n tf tt tr tt If it tr it rr t it it if If. If it it ii It rt It It 100.00 The McCaffery Co., 20.33 7.72 n it ti .50 1.00 tt It it 1.86 2.50 If it rt 2.78 6.00 n n it 1.96 32.47 if If if 2.84 7.15 if If If 2.84 7.39 G. E. Meyer & Son, Inc. 17.78 2.70 River Park Lbr. Co., 8.64 .82 Shell American Petr. Co. 14.30 8.55 Sibley Mach. & Fdy. Corp. 6.40 6.30' H. H. S lominski, M.D. 6.00 15.00 South Bend Sanitary Wipers Co. 12.00 7346.79 South Bend Supply Co., 2.67 .75 it it it it 1.60 83.00 A.-Steiert & Son 91.80 7.94 West Side Hdwe. Co., 3.01 3.77 River Park Lbr. Co., 3.42 13.29 South Bend Supply Co., 8.50 3.77 Indiana & Michigan Elec. Co. 1.00 3.77 Goodyear Glove Rb Footwear 8.04 8.00 West Side Hardware 50,00 3.52 MEETING -- DECEABER 11, 1939 The following claims to be paid out of the Special W.P.A. fund or the Interceptor Sewer 1,11.P.A. Fund, were approved and ordered paid: Edwards Iron Works, I C. $4.40 Sibley Machine & Fdy. Co. $11.9tI tt tr It 1.54 South Bend Supply Co., 272.5 Thom. L. Hickey 37.50 Harry D. Ullery Co., Inc. 560.0� The Ohio 0i1 Co., 8.20 rr rr if is It 560.0 I. C. Reed 156.33 tr it tt it tr 1120.0 if it tr 124.00 'White Consolidated, Inc. 300.0 i River Park Lbr. Co., Inc. 560.00 W.P.A. Tr d'k Rental 739.8 it if It if tt 186.12 Clyde E. Williams 60.0 r► t► tr tr rr 42.68 Interceptor .''Sewer Aect. 670.0 tr tr n it rr 42.68VI. P.A. Truck Rental 54. 7 ' tr rr tr tr n 64.26 Special l f-. P.A. Fund Payroll 568.1 tt tt tt it rt 49.85 This being the date set for receiving of bids on the street lighting contract for the term beginning January 1, 1940 and ending December 31, 1944, the Indiana & i Michigan Electric Company now submits sealed bids, together with proper non -collusion affidavits, the same being the only bids received, which bid is as follows: PROPOSAL II �. TO THE BOA.tD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. The undersimned hereby proposes to provide and maintain all lamps and equipment for the lighting of the streets, alleys, boulevards, and public places in the City of South Bend, Indiana, and light the same with electric energy in accordance with the plans and specifications heretofore adopted by the Board of Public 'Works at the prices following: OVERHEAD STREET LIGHTING UNITS 10000 lumen incandescent lamps - $45.00 per unit per anntam. 6000 lumen incandescent lamps - P38.40 per unit per ar-mum 4000 lumen incandescent lamps - 1$32.40 per unit per annum 2500 lumen incandescent lamps - y26:40 per unit per annum 1000 lumen incandescent lamps - 619.20 per unit per annum FOR TMDERGROUND STREET LIGHTING UNITS 1. Pendant or Vertical Lighting Units 6000 lumen incandescent lamps - $48.00 per unit per annum � 5000 lumen incandescent lamps, five white ball.clusters - 043.20 per unit per annum 4000 lumen incandescent lamps - $42.00' per unit per annum 2500 lumen incandescent lamps s - $34.80 per unit per annum _1000 lumen incandescent lamps - $25.20 per unit per annum i 11. Business District Ornamental Lighting Units 6000 Lumen incandescent lamps - $43.20 per unit per annum Payments to be made in equal monthly ins�allments, each installment to be due and payable on or before the 20th of each month succeeding that in which the service is rendered. The monthly installments will be subject to the following discounts: First $3000.00'of monthly installment - net Next 1000.00 of monthly installment - 5% Next �1000.00' of monthly installment - l07� Balance of monthly installment - 15% and'hereby agrees to execute the Contract in the form heretofore adopted by slid Board of Public Works within ten (10) days from the date of the awarding of the contract to it Bidderts affidavit of non -collusion is attached hereto. Dated at South Bend, Indiana, the 9th day of December, 1939. • INDIATvA & MICHIGAN ELECTRIC COMPA-MY By (Signed) Thos. F. English Vice President. This also being the date set for the receiving of bids for the electric current for traffic direction units and street lighting units in the City of South Bend, the street lighting units being on certain bridges, the Indiana & 1Tichigan Electric Company now submits a bid for the period beginning January 1, 1940 and ending December 31, 1940,' together with proper non -collusion affidavit, which bid is as follows: -19 511 MEETING -- DECEMBER 11, 1939 PROPOSAL TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA:- The undersigned hereby proposes to furnish electricity for lighting traffic lights and :other lights in the City of South Bend, Indiana, in accordance with the plans and specifications heretofore adopted by the Board of Public Works at the prices following A. For the supply of electricity to the following units furnished and maintained �b7 the City: • Traffic director units, suspension type having normally but four lamps of 67.5 watts or less capacity burning at the same time except during a change in signal when not to exceed 5 lamps are burning simultaneously for a period not to exceed 151`� of the total time to complete an entire cycle of signal changes. $41.52 per unit per annum. Traffic director units, post type, having normally but 2 lamps of 67.5 watts or less capacity burning at the same time except during a change in signal when not to exceed 4 lamps are burning simultaneously for a period not to exceed 15% of the total time to complete an entire cycle of signal changes. • $13.80 per unit per annum Traffic director units, post type, having normally but 1 lamp of 67.5 watts or less capacity burning at the same time except during a change in signal when not to exceed 2 lamps are burning simultaneously for a period not to exceed 15% of the total time to complete an entire cycle of signal changes. 6.90 per unit per annum 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 Ernsperger Bridge Lights) $28.20 per unit per annum 2500 - lumen incandescent lamps ('testern Avenue Underpass Lights) $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 eaeh month succeeding that in which service is rendered; and hereby agrees to execute the Contract in the form ' heretofore adopted by said Board of Public Works within ten (10) days from the date of the awarding of the contract to it. . Bidderts affidavit of non -collusion is attached hereto. Dated at South Bend, Indiana the 9th day of December 1939. INDIANA & MICHIGAN ELECTRIC COMPANY • By (Signed) Thos. F. English, Vice President, These bids being the only bids received and being in proper form, they were accept ed by the Board and the following contracts were entered into:, CONTRACT, PLANS AND SPECIFICATIONS FOR LIGHTING THE STREETS, ALLEYS AND PUBLIC PLACES IN THE CITY OF SOUTH BEND, INDIANA THIS AGREEIENT, made and entered into this llth day of December, 1939 between the City of South Bend, a municipal corporation of the State of Indiana, by and • through its Board of Public Works, party -of the first part, hereinafter referred to as the "City", and Indiana & Michigan Eledtric Company, an Indiana Corporation, party of the Second part hereinafter referred to as the "Contractor", pursuant to a resolution of the Board of Public Works passed at a special meeting held on the 28th day of November, 1939. W I T N E S S E T H That the parties hereto each in consideration of the agreements on the part of the other herein contained, have mutually agreed and hereby mutually agree as follows: 1. The Contractor shall provide, maintain and operate: (a) A street lighting system in the City of South Bend, Indiana consisting of not less than One Thousand and Ninety-six (1096) street lamps supplied from the OVERHEAD. DISTRIBUTION SYSTEM of the Contractor. Such overhead lamps shall be as follows: MEETING -- DECIZIBER 11, 1939 0 - 10000 lumen incandescent lamp 69 - 6000 lumen incandescent lamps 663 - 4000 lien incandescent lamps 84 - 2500 lumen incandescent lamps 280 - 1000 lumen incandescent lamps (b) A street lighting system in the City of South Bend, Indiana, consisting of not less than One Thousand Seven Hundred Fifty-six (1756) street lamps supplied from the UNDERGROUND DISTRIBUTION SYSTEM of. the Contractor. Such underground lamps shall.be as follows: I. Pendent or Vertical Lighting Units 82 - 6000 lumen incandescent lamps 8 - 5000 lumen incandescent lamps, five white ball clusters 51 - 4000 lumen incandescent lamps 239 - 2500 lumen incandescent lamps 975 - 1006 lumen incandescent lamps II. Business District Ornamental Lighting Units 101: - 6000 lumen incandescent lamps All property used in the performance of this contract shall be M d remain the property of the Contractor except in cases where the title to any property used in the performance of this contract is vested in some other person, firm or corporation. The Contractor shall at its cost furnish all lamp renewals and light all lamps herein provided for by electricity for a period of five (5) years from and after the first day of January, 1940, at noon. All lamps herein provided for are described according to the rating of the manu- factur6rs hereof. Such lamps shall be so maintained and operated by the Contractor that they will give the maximum amount of illumination obtainable under commercial conditions. All glassware shall be kept clean by the Contractor and the proper current and voltage shall be maintained on all lighting circuits, so that the proper conditions for the operation of each lamp at its normal rating shall be maintained. All iron posts for the support of street lighting luminaires served from the underground system shall be properly painted by the Contractor, the col6r to be deter- mined by the Board of Public Works. 2. Extensions of the street lighting system provided for in Paragraph 1-(b) shall be made upon the order and request of the Board of Public Works but in no event skull the Contractor be required to install more than ten (10) underground lighting units in any one year and if the Board fails to require the above number in any one year, the Contractor shall not be required to install more than ten(10) lights in the next year and in the same manner each succeeding year. This paragraph dh all be construed with Paragraph Seven (7). 3. All lamps herein provided for shall be burned from one-half hour after sunset until one-half hour before sunrise, every night and all night, burning approximately 4,000 hours per annum. Contractor covenants herein to furnish and maintain Four Hundred Forty-eight (448) lighting units, located in the Business Districts of the City of South Bend. The City shall designate One Hundred Fifty-four (154) of these units to be lighted, during the term of this contract, from one-half hour after sunset until midnight only, the remainde of such lamps to be burned from one-half hour after sunset until one-half hour before sunrise as above provided. 4. The minimum number of each type of lamp furnished under this contract shall be Ninety-five (95) per cent. of the number provided for in Paragraph One (1) hereof, and such lamps shall be maintained at the locations existing at the time of the execution of this contract with the exception of such changes as are provided for in Paragraph Six (6 ) and Eight (8 ) her --of. 5. If any lamp is "out" during the hours in which it daould be lighted, the City may deduct from the total monthly amount which would have been paid had no "outage" occured, a sum bearing the ratio to the total as the outage bears to the total time the lamps should have been lighted in any month. . If any lamp remains "out" twelve hours after the giving of notice, as hereinafter provided, all subsequent hours such lamp remains out (during the hours in which it shoul be lighted) shall be doubled for the purpose of computing the amount of deduction to be made from the monthly bill. Said notice may be given orally bit shall be followed by written notice from the Police Department or City Digineer and delivered to the contract or within Six (6) hours thereafter, in which event such notice shall be effective from the time it is given orally. 6. The City may at its option at any time during the term of this contract, upon order of its Board of Public 'Norks, request the Contractor to install in any!,or all overhead or underground street lighting units then'in service any number of lamps of larger size and/or greater illuminating power, in which event from the date of such changed installation the City shall pay as.compensation therefor in accordance with rates for such changed lamps and classification of•units set forth in Paragraph Nine (9) hereof. 0 • n U 0 C • 51 MEETING DECEMBER 1939 In like manner the city may request the contractor to replace not to exceed ten (10) per cent of the existing overhead lamps with lamps of smaller size and/or less illuminating power, in which event, from the date of any such replacement, the sub- stituted lamp shall carry the rate of its respective classification set forth in Para- graph Nine ( 9 ) hereof. 7. Additional overhead street lighting units shall be added from time to time on written notice from the City and payment therefor shall be at the rate provided in this contract, commencing on the day on which the lamps are put in service, provided that one additional 4000,6000 or 10000 lumen incandescent lamp shall be installed for each ex- • tention of 700 feet and that one additional 2500 lumen incandescent lamp shall be in- stalled for each extension of 700 feet and that one additional 1000 lumen incandescent lamp shall be installed for each extension of 300 feet, all such extensions being from the then existing suitable overhead system or overhead circuit of the -contractor. Additional underground street lighting units shall:be added from time to time on written notice from the City, and payment shall be at the rate provided in this contract commencing on the day said lamps are put in service, provided that one additional 6000 or 10000 lumen incandescent lamp shall be installed for each extension of 300 feet, and that one additional 2500 lumen incandescent lamp shall be installed for each extension of 300 feet, all such extensions being from the then existing suitable underground ,system or overhead circuit of the Contractor. Provided, however, that the number of • additional underground street lighting units requested by the City shall not exceed the number provided to be installed in Paragraph Two (2) hereof. If the Contractor shall be required to furnish additional overhead or underground street lighting units during the last two years of the term of this contract, then the City, at the expiration of this contract, shall reimburse the Contractor for all actual _expense incurred in running the additional lines for such lamps, the cost of such lamps and the cost of the installation thereof, less the salvage value of such lines and lamps, provided, however, that if, at the expiration of said contract, a new contract is awarded to the same Contractor, or the sueceszor thereof, and said addition- al lines and lamps are used and operated under said new contract, the City shall not be required to make any payment on account of the cost of such additional lines and • lamps• S. Street lighting units shall be moved by the Contractor to such new locations as the City may, by writing, direct, subject to the following conditions: Such moving of lamps shall be completedwithin thirty (30) days after receipt by the Contractor of written notice from the City, Sundays, legal holidays, and stormy days not tobe counted, provided that the number of such removals shall not exceed one per day, aid provided further that such removals may not be required on Sundays, legal holidays and stormy days. Notice that the work of such removal of lamps has been completed shall be given by the Contractor to the City within ten (10) days after completion of the work. • The actual cost to the Contractor of making such relocations shall be paid by the City to the Contractor within thirty (30) days after said notice has been given, provided, however, that the Contractor will at its expense upon order of the Board of Public Works change the location in any one year of not to exceed twenty-five (25) 1aTips sof='whichttvrenty-five (25) changes of location not to exceed five (5 ) shall be units served from the underground system. In addition, the Contractor, within thirty- (30) days after receipt of written notice from the Board of Public Ifforks, shall; at its own expense, relocate all overhead lighting units occasioned by duly authorized street improvements. • 0 9. The City shall accept said street lighting units and the services herein specified during the life of this contract and pay as full compensation therefor at the rate and price set out in the accepted bid, to-:,rit: FOR OVERHEAD STREET LIGHTING UNITS 10000 lumen incandescent lamps - 045.00 per unit per annum 6000 lumen incandescent lamps _'38.40 per unit per annum 4000 lumen incandescent lamps - E32.40 per unit per annum 2500 lumen incandescent lamps 626.40 per unit per annum 1000 lumen incandescent lamps - �19.20 per unit per annum FOR UNDERGROUND STREET LIGHTING UNITS 1. Pendent or Vertical Lighting Units 6000 lumen incandescent lamps - $48.00 per unit per annum 5000 lumen incandescent lamps five white ball cluster _ 43.20 per unit per annum 4000 lumen incandescent lamps 2.00 per unit per annum 2500 lumen incandescent lamps - R4.80 per unit per annum 1000 lumen incandescent lamps - v5.20 per unit per annum II. Business District Ornamental Lighting Units 6000 lumen incandescent lamps - 9d43.20 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 the service is rendered. ►- 514 MEETING DECEMBER 11, 1939 The monthly installments will be subject to the following discounts: First 3000.00 of monthly installment - net Next 1000.00 of monthly installment - 5% Next,1000.00 of monthly installment 105 Balance of monthly installment installmen15 It is understood that of the above lights contracted for, there are the following, to -wit: 0 - 10000 lumen, incandescent lamps, overhead service 5 - 6000 lumen, incandescent lamps, overhead service 8 - 4000 lumen, incandescent lamps, overhead service 5 - 2500 lumen, incandescent lamps, overhead service 2 - lobo lumen, incandescent lamps, overhead service 23- 1000 lumen, incandescent lamps, underground service which are for the Department of Public Parks of said City but that the same shall not be treated separately in billings by the contractor. 10. The Contractor shall have the right with the consent of the Board of Public Works of the City at any time during the life of this contract to install, operate and maintain in the place of the lamps herein provided for, and under the same terms and conditions, other and more improved lamps in keeping with such advancement as may be made in the art of lighting, which lamps shall be of equivalent or greater illuminating power. 11. In authorizing or granting a permit to any person, firm or corporation to repair or cut into any sheet, alley or sidewalk -in which street lighting units and lines and cables supplying current thereto are located, the City shall require, as a condition to the granting of such permit, an agreement on the part of the applicant that such lines and cables and street lighting units will not be interfered with in any manne without notice to the Contractor. 12. If the City shall make default in the payment of any bills as he-reinbefore 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 electrical energy for street lighting until such a time as the 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 Contrac or so elects. Otherwise, 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. 13. It is further understood and agreed that the terms of the within,,.contract contain the entire agreement between the parties. It is understood, however, that noth herelh"contained shall prevent a modification of this contract hereafter by mutual a.gre ment of the parties. 14. 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 each and every one of the successors or assigns of each of the parties hereto as if in every case so expressed. 15, This contract is made subject to the jurisdiction of any governmental authori or authorities having jurisdiction in the premises, and if any of the terms and conditio: hereof are altered or made impossible of performance by the juri-sdiction of any govern- mental authority, then in such event neither party hereto shall be liable to the other for failure to comply with such terms and conditions. 16. This contract shall be in force and effect from and after its approval by ordinance for a period of five ( 5 ) years from and after the first day of January, 1940, at noon, at the rates aforesaid unless and until otherwise ordered by the Public Service Commission. IN WITNESS WHEREOF, the said City of South Bend, Indiana, has caused its corporate seal to be hereunto affixed and this contract to be signed by the Board of Public Works of said City and attested by the Clerk thereof, and said Indiana & Michigan Electric Coin pany has caused this contract to be duly executed in triplicate, this day and year above written. . (Seal) Board of Public Works ATTEST: James P. Conboy, Clerk (seal) Indiana & Michigan Electric Co., ATTEST: Chas. B. Calvert, Assistant Secretary. CITY OF SOUTH BEND, INDIANA Clyde E. Williams (Signed) George N. Beamer (Signed) Harry S. Driggs (Signed) B oard of Public Works INDIANA & MTICHIGMT ELECTRIC COMIPANY By Thos. F. English (Signed) Vice -President 0 0 • • 515 MEETING -- DECEMBER 11 1939 City, and attested by the -Clerk thereof, and said Indiana & Michigan Electric Company has caused this contract to be duly executed in triplicate this day and year first above written. CITY.OF S6UTH BEND, INDIANNA Clyde E. Williams (Signed) George N. Beamer (Signed) Harry. S,, Driggs (Signed) (Seal) Board of Public Works Board of Public Works. City of South Bend, Ind. ATTEST: James P. Conboy, Clerk INDIANA & MICHIGATN ELECTRIC COMPANY By Thos. F. English ( Signed) Vice President ATTEST Chas. B. Calvert, Assistant Secretary Indiana & Michigan Electric Co., (Seal) ENGINEERING DEPARTI::TIENTy A letter addressed to the Board of Public Works from the South Bend Civic Planning Association relative to the condition of the sidewalk on La Fayette Street from Jefferson Street to the first alley south of Washington. Street was referred to the Engineering Department. The Engineer reported that the sidewalk 'on the south side of Huron Street from . the first alley east of Phillipa to Olive Street had been completed by a N.P.A. project.. _petition for this improvement was submitted to the Board on August 25, 1939. Continuation certificateson excavation bonds o;ere approved.for the following plumbers: Albert Smith & Sons" Emmett Shaul, Louis Stoll Co., Inc., Thilman Bros., flip Cohn and` Jacob' Haivblitzel & Son. KAn excavation bond for Eitchel Kahn with the American Bonding Company of Baltimore as An was approved and ordered filed. • is • 0 gf,.TETERY DEPARTILaENT: Lisle i:icNabb was present and matters pertaining to his department were discussed. SKEET DEPARTMIENT: The Street Commissioner was present and matters pertaining to his department were discussed. =' 11r. Zmudzinski reported the receipt of �4.00 for use of the city roller at 409 La Fayette Street where a parking lot eras'rolled and leveled. The money was turned over to the Clerk of the Board. ifeeting adjourned at 11:00 A. iF. ATTE Clerk. MEETING -- DECEMBER 11 '?1939 517 C€iNTRACT, PLANS AND SPECIFICATIONS FOR FURNISHING ELECTRIC CURRENT FOR TRAFFIC DIRECTION�'UNITS AND STREET LIGHTING UNITS IN THE CITY 4F SOUTH BEND, INDIANA. THIS AGREEKIENT, made and entered into this 11 day of December, 1939 between the City of South Bend, a municipal corporation of the State of Indiana, by and through its B oard of Public Works, party of the first part, hereinafter Peferred to as thettCitytt, and Indiana & Michigan Electric Company, an Indiana Corporation, party of the second part, hereinafter referred to as the "Contractor" pursuant to a resolution of the Board of Public Works of said City of South Bend .passed at a special meeting held on the 28'th day of November, 1939. N I T N E S S E T H That the parties hereto each in conBideration of the agreements on the part of the other herein contained, have mutually agreed and hereby mutually agree as follows:, 1. The City shall furnish and the Contractor shall provide with electricity the foliowing: A; Traffit Director Units maintained by the City. • 7. Traffic director units, suspension type having normallybut four lamps of 67.5 watts or less capacity burning at the same time except during in a change signal when not to exceed 8 lamps are burning simultaneously for a period not to exceed 150 of the total time to complete an entire cycle of signal changes. 24.Traffic director units, post type, having normally but two lamps of 67.5 v:atts-or less capacity burning at the same time except during a change in signal when not to exceed eight lamps are burning simultaneously for a period not to exceed 15% of the total time to complete an entire cycle of signal changes. 5. Traffic director units, post type, having normally but one lamp of 67.5 watt or less capacity burning at the same time except during a change in signal when not to'exceed two lamps are burning simultaneously for a period not to exceed 15% of the total • time to complete an entire cycle of signal changes. 3. 1000 lumen danger indicator units 38 1000 lumen police recall units 3 B. Street Lighting Units maintained by the Contractor 20 2500 lumen incandescent lamps (Twyckenham and Ironwood Bridges) 12 2500 lumen incandescent lamp (Western Avenue Underpass) 2. The minimum number of traffic director units served under this contract shall be thirty-six (36). The minimum number of each other type of unit served hereunder shall be the number provided for in Paragraph 1 hereof. • 3. All units herein provided for in paragraph 1-A may be operated twenty-four (24) hours each day of the year. All units herein provided for in Paragraph 1-B shall be burned from one-half hour after sunset until one-half hour before sunrise, every night and all night, burning approximately -4,000 hours per annum. 4. Should the City require the service by electricity for traffic director units additional to those provided for in this contract the City will pay for such additional service at the rate provided for in Paragraph five (5) of this contract, commencing the day -on which the additional traffic directors are energized. -. 5. The City shall accept said electric service herein specified during the life of this contract and pay as full compensation therefor at the rate and price as follows: A. For the supply of electricity to the following units furnished and maintained by the City: Traffic director units, suspension type having normally but four lamps of 67.5 watts or less capacity burning at the same time except during a change in signal when not to exceed 8 lamps are burning simultaneously for a period not to exceed 15%' of the total time to complete an entire cycle of signal changes. $41.52 per unit per annum • Traffic director units, post type, having normally but 2 lamps of 67.5 watts or less capacity burning at the same time except during a change in signal when not to exceed 4 lamps are burning simultaneously for a period not to exceed 15% of the total time to complete an entire cycle of signal changes. $13.80 per unit per annum Traffic director units, post type, having normally but l.lamp of 67.5 watts or less capacity burning at the same time except during a change in signal when not to exceed 2.lamps are burning • simultaneously for a period not to exceed 15% of the total time to complete an entire cycle of signal changes. 6.90 per unit per annum 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