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HomeMy WebLinkAboutRatifying a Contract between Board of Public Works and Indiana and Michigam Electric Company ORDINANCE No. 0176 7 Passed by the Common Council of the City of South Bend, Indiana, )7 t Attest: lectr , 77/7 —d-e_ City Clerk. Attest: C President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana >4, 7 /,5-- e 192 r . patz /`( . _ City Clerk Approved and signed by me 102 J 1927 (L Mayor I/ i `i J % ORDINAnT^, NO. 01 7 7 An Ordinance Ratifying A Contract by and between the City of South Bend, Indiana, by and through its Board of Public works and the Indiana and Michigan Electric Company, a Corporation , for the erection and maintenance of lighting system and for the furnishing of light for certain streets, alleys, boulevards and pa- public places in the City of 6outh Bend, Indiana, entered into on April 9th. , I929. Be it ordained by the Common Council of the City of Bouth Bend, Indiana Section I. That the contract dated April 9th. , I929., by and between the Municipal ity of South Bend, Indiana , by and through its Board of Public Works and the Indiana and Michigan Electric Company, a corporation for the erection and establishment of a street lighting system and the maintenance thereof in certain streets in the City of South Bend , Indiana, by and is hereby ratified, confirmed and approved in all respects. Section 2. That this Ordinance shall be in full force and effect from and after its passage. A, Lei tti A i , ii , a+em. er o ' e ommon ouncil A r tk y) b 1 E/ P�� CONTRACT, PLANS AND SP CIFICATION3 FOR I Cllr NC C";RTAIN STR� TS OR L I , ALLEYS, BOULTTARDS AND PUBLIC PLACA,S IN TH! CITY OF SOUTH B3ND, INDIANA. �0� • - THIS A5REEMI;NT, made and entered into this %7-4 day of I91, 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;y. hereinafter referred to as the Contractor, pursuant to a resolution of the Board of Public Worts, passed at a meeting held on the 30th day of October, I92$, 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:- I. (a) The "ity shall provide and the Contractor shall maintain and operate, subject to the conditions hereinafter set forth, the cables, conduits and other sub-surface equipment and apparatus and the Contractor shall provide, maintain and oper- ate the standards, lamps, refractors and all other equipment and apparatus, all constituting a street lighting system on Chapin Street from Washington Avenue to Monroe Street in the City of South Bend, Indiana, consisting of thirty-six (36) street lamps supplied through said underground system from the electrical circuits of the Contractor, such lamps shall be as follows:- 36 - I3 foot Riverside btandards, complete with Agyptian Senior Lighting Units and ?Vogul Multiple sockets and each equipped with I- 5000 lumen street l'i ting. lamp. The burning hours of said lamps shall be as follows:- Twnety-four (24) of said lamps shall be burned from one-half hour after sunset until one-half hour before sunrise, every and all night, burning approximately four thousand (4000) hours per annum, Twelve (I2) of said lamps shall brun one- half hour after sunset each and every night until midnight only. (b) The City shall provide and the Contractor shall maintain and operate, subject to the conditions hereinafter set forth, the cables, conduits and other sub-surface equipment and apparatus, and the Contractor shall provide, maintain and oper- ate standards, lamps, refractors and all other equipment and apparatus, all constituting a street lighting system on Plaint Street from Lincoln Way 'W.,ast to '.''wing Avenue in South Bend, Indiana, consisting of forty-one (4I) street lamps supplied through said underground system from the electrical circuits of the Contractor, such lamps shall be as follows:- 28 - 12 foot Sheridan Hollow Spun, Concrete Lighting Standards complete with Octagonal Junior Lighting Tops with Spikes and Medium Mongel Multiple Sockets, each equipped with I- 1000 Lumen street lighting lamp. 13 - 12 foot Sheridan Hollow Spun, Concrete Lighting Standards complete with Octagonal Junior Lighting Tops with Spikes and Medium Mongul Multiple Sockets, each equipped with I- 2500 lumen street lighting lamp. Said forty-one (4I) lamps on Yiami Street 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 four thousand (4000) hours per annum. (c) The City shall provide and the Contractor shall maintain, and operate, subject to conditions hereinafter set forth, the cables, conduits and other sub-suriafe equipment and apparatus, and the Contractor shall provide, maintain and oper- ate standards, lamps, refractors and all other equipment and apparatus, all constituting a street lighting system on &ngella Avenue from Leeper Avenue to Notre Dame Avenue in the City of South Bend, Indiana, consisting of twenty-nine (29) street lamps supplied through said underground system from the electrical circuits of the Contractor, such lamps shall be as follows :- -2- 29 - IC foot Sheridan How Spun, Comorete Lighting standards With Octagonal Junior Tops , each equipped with I - I000 lumen Lamp. Said twenty-nine (29) lamps on Angelic Avenue 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 four thousand (4000) hours per. annum. (d) The Contractor shall provide; maintain and operate a street lighting system on College Street from Zlwood Avenue to Keller Street in the. City of South Bend, Indiana, con- stating of seven (7) Street. lamps supplied from an underground distrIbttiteteystem of the Contractor, suoh underground lamps shall be as follows:- 7 - Park View Poles with Octagonal Junior Lighting Tops, each equipped with I-I000 Lumen Lamps, said seven (7) underground lamps herein provided ler shall be burned from one-half hour after sunset until one- half hour before sunrise, every night and all night burning approximately four thousand (4000) hours. As a part of the consideration to the Contractor for the services to be ftrnished herein by it , the City agrees that the Contractor shall have the exclusive use and control of the cables, conduits, bases and any and all other equipment and apparatus to be furnished and installed by the •City'on Shapin Street, Miari Street and Angella Avenue as herein provided in (a) , (b) and (c) of Paragraph I hereof, for and during the per- iod of this contract. During such period, the Contractor shall maintain and keep said cables,' conduits, bases and other appar- atus and equipment in a reasonable state of repair, provided, however, that any renewals or replacement of all or any part of said cables, conduits, bases, apparatus or equipment which may be installed and paid for by the Contractor, shall be and remain the property of the Contractor. All property used In the performance of this contract shall be and remain the property of the Contractor. The Con- tractor shall, at its coat, furnish all lamp renewals and light -3- all lamps herein provided for by electricity for a period terminating with the termination of the General Contract for Street Lighting. All of. the lamps herein provided to be maintained and operated by this Contractor shall be so opeaated so that they wilt give the maximum amount of illumination obtainable under commercial conditions. 2. The number of lamps-furnished and lighted under this contract shall be the number provided for in Paragraph hereof, and shall be located as shown on the blue print attached hereto and identified by the signatures of the Contractor and members of the Board of Public Works. 3. All outages shall be reportdd daily in writing by the proper officiers of the City to the Contractor and the proper officiers of the City may deduct from the total monthly amount which would have been paid for any lamp so reported had no out-. age occurred, the sum bearing the ratio to each total as the period of outage bears to the total time the lamp would have been lighted in any month. 4. Street lighting units herein aontracted for shall be moved by the Contractor to such new location as the City may by • writing direct, subject to the following conditions.- Suoh moving of lamps shall be completed within thirt ($0) days after receipt by 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 removalssshall not be re- quired 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 days after the 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 days after said notice li'as been given. -4- 5, The City Shall accept such lamps and the services herein specified during the life of thtS contract and pay as full compensation therefor, at the rate and price set out in the accepted bid to-wit:- For underground street lighting units. ,36 - 13 foot Riverside Standards, complete with Egyptian Senior Lighting Units and Mogul Multiple Sockets and each equipped with I - 5000 lumen street lighting lamp, for Chapin Street. $3.00 per unit per annum, 28 - 12 foot Sheridan Hollow Spun, Concrete Lighting Standards complete with Octagonal Junior Lighting Tops with Spikes and Medium Mongol Multiple Sockets, each egaipeed with I - 1000 Lumen street lighting lamp, for Miami Street. $32.50 per unit per annum. 13 I2 foot Sheridan Hollow Spub, Concrete Lighting Standards complete with Octagonal Junior Lighting Tops with Spikes and Medium Mongul Multiple Sockets each equipped with I - 2500 lumen street lighting lamp, for Miami Street. $37.50 pet unit per annum. 29 - 10 foot Sheridan Hollow Spun, Concrete Lighting Standards with Octagonal Junior Tops, each equipped with I - 1000 lumen Lamp, for Angella Avenue. $32.50 per unit per annum. 7 - Park View Poles with Octagdnal Junior Lighting Tops, each equipped with I - 1000 Lumen Lar-s, for College Street. $30.00 per unit per annum. Payment for all lighting services 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 whith the service is rendered. 6. 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 0 -5- and condition, 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. 7. In authorizing or granting a permit to any person, firm or corporation to repel or cut into any street, alley or sidewalk in which said street lighting units and lines and cables 1 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 Gables and street light- ing units will not be interferrd with in any manner without notice to the Contractor. 8. All covenants, express, terms, condition, provisions and agreements herein shall extend to and be dinding upon, or inure to the benefit of, as the ease may be, each and every one of the successors or assigns of each of the parties hereto as if in every case so expressed. 9. This contract shall be in force and effect from and after its approval by ordinance for a period terminating with the termination of the General Contract for Street Lighting, which termination date is January Ist. , I935, at noon. IN `{ITNTSS WA SOP, 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 said Indiana At Michigan Zlectric Company has caused this con- tract to be duly executed, in duplicate, this day and year first above written. a 4102 -A. .•/t /Sri • � %tea Board of Public Works of the City of South Bend, Indiana Indiana Michi ectria Co. v�ee- • esta Nis Contractor,