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HomeMy WebLinkAboutApproving a Contract Between the City of South Bend & Indiana Michigan Electric Co.ORDINANCE No �4� f Passed by the Common Council of the City of South Bend, Presented by me to the Mayor of the City of South Bend, Approved and signed by 151-�411 a Clerk of Common Council Clerk ORDINANCE NO. -/'f Y AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND INDIANA & MICHIGAN ELECTRIC COMPANY. WHEREAS, heretofore on the 1'7 day of July, 1944, the City of South Bend, Indiana, by and through its Board of Public Works, pursuant to a resolution duly adopted, made and entered into the following contract with Indiana & Michigan Electric Company, its successors and assigns, to wit: i CONTRACT, PLANS AND SPECIFICATIONS FOR LIGHTING THE STREETS, ALLEYS AND PUBLIC PLACES IN THE CITY OF SOUTH BEND, INDIANA THIS AGREEMENT, made and entered into this 17th day of July, 1944, 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 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 passed at a meeting held on the 10th day of July, 1944. 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 Two Hundred and Eighty -eight (1288) street lamps supplied from the OVERHEAD DISTRIBUTION SYSTEM of the Contractor. Such overhead lamps shall be as follows: 14 - 10000 lumen incandescent lamps 90 - 6000 lumen incandescent lamps 775 - 4000 lumen incandescent lamps 101 - .2500 lumen incandescent lamps 308 - 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 Nineteen (1719) street lamps supplied from the UNDERGROUND DISTRIBUTION SYSTEM of the Contractor. Such under- ground lamps shall be as follows: I. Pendent or Vertidal Lighting Units 96 - 6000 lumen incandescent lamps 8 - 5000 lumen incandescent lamps, five white ball clusters 58 - 4000 lumen incandescent lamps 202 - 2500 lumen incandescent lamps 958 - 1000 lumen incandescent lamps II. Business District Ornamental Lighting Units 397 - 6000 lumen incandescent lamps All property used in the performance of this contract shall be and 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 cor- poration. 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, 1945, at noon. All lamps herein provided for are described according to the rating of the manufacturers thereof. Such lamps shall be so maintained and operated by the Contractor that they will give the maximum amount of illumination obtainable under com- mercial 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 oper- ation of each lamp at its normal rating shall be maintained. All iron posts for the support of street lighting luminaries served from the underground system shall be properly painted by the Contractor, the color to be determined by the Board of Public Works. =2- 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 shall the Con- tractor be required to install more than ten (10) underground lighting units in any one year and if the Board fails to re- quire 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 shall 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 -four (444) 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 remainder 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 Paragraphs Six (6) and Eight (8) hereof. 5. If any lamp is '"out" during the hours in which it should be lighted, the City may deduct from the total monthly amount which would have been paid had no ttoutage" occurred, 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. -3- 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 should be lighted) shall be doubled for the purpose of computing the amount of deduction to be made from the VLonthly bill. Said notice may be given orally but shall be followed by written notice from the Police Department or City Engineer and de- livered to the contractor 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 Works, 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. 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 classifica- tion set forth in Paragraph Hine (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 incan- descent lamp shall be installed for each extension of 700 feet and that one additional 2500 lumen incandescent lamp shall be installed for each extension of 700 feet and that one additional -4- 1000 lumen incandescent lamp shall be installed for each exten- sion of 300 feet, all such extensions being from the then ex- isting 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 therefor 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 ad- ditional 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 ad- ditional 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 ad- ditional 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 Con- tractor for all actual expense incurred in running the addi- tional 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 ex- piration of said contract, a new contract is awarded to the same Contractor, or the successor thereof, and said additional 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. 8. Street lighting units shall be moved by the Con- tractor to such new locations as the City may, by writing, direct, subject to the following conditions: -5- Such moving of lamps shall be completed within thirty (30) days after receipt by the Contractor of written notice from the City.. Sundays, legal holidays, and stormy days not to be counted, provided that the number of such removals shall not exceed one per day, and provided further that such removals may hot 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 re- locations 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) lamps, of which twenty -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 Works, shall, at its own expense, relocate all overhead lighting units occasioned by duly authorized street improvements. 9. The City shall accept said street lighting units and the services herein specified during the life of this con- tract and pay as full compensatio# therefor at the rate and price set out in the accepted bid, to -wit: FOR OVERHEAD STREET LIGHTING UNITS 10000 lumen incandescent lamps - $45.00 per unit per annum 6000 lumen incandescent lamps - $38.40 per unit per annum 4000 lumen incandescent lamps - $32.40 per unit per annum 2500 lumen incandescent lamps - $26.40 per unit per annum 1000 lumen incandescent lamps - $19.20 per unit per annum -6- FOR UNDERGROUND STREET LIGHTING UNITS I. Pendent or Vertical Lighting Units 6000 lumen incandescent lamps - $48.00 pgr unit per annum 5000 lumen incandescent lamps, five white ball clusters - $43.20 per unit per annum 4000 lumen incandescent lamps - $42;00 per unit per annum 2500 lumen incandescent lamps - $34.80 per unit per annum 1000 lumen incandescent-lamps - $25.20 per unit per annum II. Business District Ornamental Lighting Units 6000 lumen incandescent lamps - $43.20 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. The monthly installments will be subject to the follow- ing discounts: First $3000.00 of monthly installment - net Next $1000.00 of monthly installment - 5% Next $1000.00 of monthly installment - 10% Balance of monthly installment - 15% It is understood-that of the above lights contracted for, there am-the following, to -wit: 14 - 100II0 lumen, incandescent lamps, overhead service 1 - 6000 lumen, incandescent lamps, overhead service 5 - 4000 lumen, incandescent lamps, overhead service 15 - 2500 lumen, incandescent lamps, overhead service 17 - 1000 lumen, incandescent lamps, averhe_ad n_ service 13 - 6000 lumen, incandescent lamps, underground serV'ice 9 - 2500 lumen, incandescent lamps, underground. service 4 - 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 con- sent of the Board of Public Works of the City at any time during -7- 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 per- son, firm or corporation to repair or cut into any street, 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 manner without notice to the Contractor. 12. 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 electrical energy for street lighting until such time as the City has made pay- ment for all bills in which it is in arrears. Any suspension of service by the Contractor shall not terminate this contract un- less Contractor 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 nothing herein contained shall prevent a modification of this contract hereafter by mutual agreement of the parties. 14. All the covenants, expressions, terms, conditions, provisions and agreements herein shall extend to and be binding upon, or inute,_ 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 so expressed. 15. This contract is made subject to the jurisdiction of any governmental authority 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 governmental 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, 1945, 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 Company has caused this contract to be duly executed in triplicate, this day and year first above written. (City Seal) ATTEST: Tames P Conbov (San) Clerk (Corporate Seal) ATTEST: R G Thompson (San Assistant Secretary CITY OF SOUTH BEND, INDIANA Clyde E Williams (San) Nathan Levy (San) B . Lonafield (San) Board of Public Works INDIANA & MICHIGAN ELECTRIC COMPANY By E A Lewis (San) vice President. me WHEREAS, said contract is now submitted to the Common Council of the City of South Bend, Indiana, for its due approval by ordinance; SECTION 1. BE IT THEREFORE AND IT IS HEREBY ORDAINED by the Common Council of the City of South Bend, Indiana that the foregoing contract made and entered into on the 17 day of July, 1944, between the said City of South Bend, Indiana, by and through its Board of Public Works, and Indiana & Michigan Electric Company, its successors and assigns, be and the same is hereby in all things ratified, confirmed and approved. SECTION 2. This ordinance shall be in full force and effect from and after its passage. Passed by the Common Council of the City of South Bend, Indiana, this day of r� , 1944- or oouzn nena. APPROVED this �'ay of , 1944• Mayor, City of South Bend Attest: City Clerk. s Ji