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099 of 1987 - Utah Power & Light Company 5 Year Contract for District No. 2 R s1- 1 RESOLUT ION 99 of 1987 ( Approving Award of Contract to Utah Power & Light Company for Patrolling , Operating and Maintaining Street Lights in Special Lighting District No . 2 for a Period of Five Years ) WHEREAS, pursuant to a notice to contractors, a copy of which is attached hereto, Utah Power & Light submitted a bid to patrol , operate and maintain street lights in Special Lighting District No. 2 for a period of five years ; and WHEREAS, Utah Power & Light Company was the only bidder for such services , pursuant to the Notice to Contractors ; and WHEREAS, Utah Power & Light Company' s bid was $510, 539. 00 covering a period of five years ; and WHEREAS, all conditions precedent to an award of contract pursuant to Section 10-16-8 of the Utah Code Annotated has been satisfied . NOW , THEREFORE, be it resolved by the City Council of Salt Lake City, Utah, as follows : 1. That Utah Power & Light Company be awarded the contract, a copy of which is attached hereto , for patrolling , operating and maintaining street lights in Special Lighting District No . 2 for a period of f ive years . Passed by the City Council of Salt Lake City , Utah, this 16th day of July, 1987. kvL"-i /) CH IRPERSON ATTEST: Salt Lake Cs zj (TY RECORDER Date cm161 -2- NOTICE TO CONTRACTORS OFFICE OF THE CITY RECORDER Salt Lake City, 19 Sealed proposals will be received at the office of the City Recorder, Fifth Floor, 324 South State Street, Salt Lake City, Utah 84111 until 5:00 p.m. local prevailing time June 9, 1987 for patrolling, operating, and maintaining the following street lights in Special Improvement District #2 for a period of five (5) years: NUMBER AND TYPE OF LIGHTS IN DISTRICT TWO EXT. UNITS LUMEN DESCRIPTION SCH OWNER 10-2D 102 50,000 Sodium Vapor All Night 12 City 16 27,500 Sodium Vapor All Night 12 City 14 16,000 Sodium Vapor Midnight 12 City 10-7I 28 10,000 Incandescent All Night 11 UP&L 55 10,000 Incandescent Midnight 11 10-8I 14 43,600 Fluorescent All Night 11 UP&L 28 21,800 Fluorescent Midnight 11 10-31E 102 5 ,600 Sodium Vapor All Night 11 UP&L 10-32E 3 5,600 Sodium Vapor All Night 11 UP&L 10-36E 6 16,000 Sodium Vapor All Night 11 UP&L 10-46D 55 43,600 Fluorescent All Night 12 City 110 21,800 Fluorescent Midnight 12 City 10-51C 64 4,000 Mercury Vapor All Night 11 UP&L 10-53B 6 4,000 Mercury Vapor All Night 11 UP&L 10-55C 51 50,000 Sodium Vapor All Night 11 UP&L 10-57 11 5,600 Sodium Vapor All Night 11 UP&L according to plans on file in the City Transportation Engineer 's Office 333 South 200 East Salt Lake City, UT 84111 Bids will be opened on or about 6:00 p.m. during the regular meeting of The City Council. Instructions to bidders, specifications and forms for contract and bond, together with plans and profiles, when prepared, may be obtained at the office of the City Transportation Engineer 333 South 200 East Salt Lake City, UT 84111 upon deposit of fifteen ($15 . 00) dollars, which will be forfeited unless a bid is submitted to the City. The right is reserved to reject any or all bids. Bid Bonds will be accepted in lieu of certified check. /S/ Kathryn Marshall Salt Lake City Recorder SPECIFICATIONS FOR OPERATING, PATROLLING AND MAINTAINING STREET LIGHTS IN DISTRICT #2 NUMBER AND TYPE OF LIGHTS IN DISTRICT #2 EXT. UNITS LUMEN DESCRIPTION SCH OWNER 10-2D 102 50 ,000 Sodium Vapor All Night 12 City 16 27,500 Sodium Vapor All Night 12 City 14 16, 000 Sodium Vapor Midnight 12 City 10-7I 28 10,000 Incandescent All Night 11 UP&L 55 10,000 Incandescent Midnight 11 10-8I 14 43 , 600 Fluorescent All Night 11 UP&L 28 21,800 Fluorescent Midnight 11 10-31E . 102 5, 600 Sodium Vapor All Night 11 UP&L 10-32E 3 5 ,600 Sodium Vapor All Night 11 UP&L 10-36E 6 16,000 Sodium Vapor All Night 11 UP&L 10-46D 55 43 , 600 Fluorescent All Night 12 City 110 21, 800 Fluorescent Midnight 12 City 10-51C 64 4,000 Mercury Vapor All Night 11 UP&L 10-53B 6 4,000 Mercury Vapor All Night 11 UP&L 10-55C 51 50,000 Sodium Vapor All Night 11 UP&L 10-57 11 5,600 Sodium Vapor All Night 11 UP&L 1 . The successful bidder shall be able to supply electrical power to all the lights in District #2. 2 . The successful bidder shall be able to document and demonstrate that they have the manpower and equipment needs to supply maintenance to all the street lights in District #2. Maintenance shall include lamp replacement, ballast and starter board replacement, refractor and reflector cleaning and replacement and adjustment, street light housing replacement and adjustment, replacement and/ or repair of power distribution lines. 3 . The successful bidder must supply with the bid written approval from Utah Power and Light to work on equipment and poles owned by Utah Power and Light. Bidder shall supply with the bid written description of how the street lighting system will be patrolled for outages and other problems. CONTRACT This Agreement, Made and entered into this 14th day of July, 1987, between Salt Lake City Corporation (a municipal corporation under the laws of Utah) , hereinafter called the "City" , and Utah Power and Light, a Utah Corporation hereinafter called the "Contractor" : Witnesseth: That the said Contractor having been awarded the contract for the operation, patrol and maintenance for a period beginning November 30 , 1987 through November 29, 1992 of Lighting District NO. 2 Extension ' s 10-2D, 10-71 , 10-81, 10-31E, 10-32E, 10-46D, 10-51C, 10-53C, 10-55C, 10-57 hereinafter called "The Lighting System" in accordance with the proposal therefore which is attached hereto and for and in consideration herein specified, hereby covenants and agrees to undertake and execute all of the said named work, in a proper manner , and for furnishing all the materials, electrical energy and all tools and labor necessary to properly operate the lighting system, in strict accordance with the referenced specifications and under the penalty expressed in the attached bond, bearing even date herewith, which are hereby declared and accepted as essential parts of this agreement, and to accept as full compensation therefore the unit prices named in the proposal attached hereto and made a part hereof. SECTION 1 . The prices named in the proposal attached hereto include: the furnishing of all material, electrical energy, labor, tools and appliances, and all expense, direct or indirect connected with the proper operation, patrol and maintenance of this lighting system throughout the life of this contract which is for a period of five years, in accordance with the specifications on file with the City Recorder . SECTION 2. The operation of the lighting system shall be subject to the inspection and approval of the City Transportation Engineer at all times during the life of this contract. The Contractor shall furnish, at its own expense, such labor as may be required to enable a thorough inspection of the operation of the entire lighting system SECTION 3 . The Contractor shall commence services described herein as the City Engineer may direct on November 30 , 1987 for a period of five years ending November , 29 1992. SECTION 4 . The Contractor shall not assign or subcontract the whole or any portion of the responsibility for the work contemplated in this contract. SECTION 5 . The quality of the work shall be done in accordance with the IES Standards. SECTION 6 . Whenever it may be necessary to suspend work, orders may be given by the City Transportation Engineer to the supervisor or foreman of the Contractor who may have charge of the particular work in question, and such orders shall be obeyed. SECTION 7 . In the performance of all services in connection with the work described in this contract, the Contractor shall. obtain all necessary permits and will be held responsible for any failure to adhere to and comply with all local ordinances and laws controlling or limiting in any way the actions of those engaged upon the work, or affecting the materials or the transportation or disposition of them. The Contractor hereby assumes all liability for and agrees to indemnify the City against all loss, costs or damage for or by reason of any claim for damages to the property of the City or of any person, caused by the negligence of the Contractor or its agents or employees in carrying or attempting to carry out this contract; and from claims made by laborers or others for injury sustained by reason of the negligence of the Contractor , its agents or employees, in the performance or attempted performance of this contract, and from damages sustained by depositing materials to public injury or to the injury of any person or corporation, including legal costs and expenses; PROVIDED, that The Contractor shall be notified of the bringing of suit in such cases, and be permitted to defend the same, and it shall be lawful to withhold final payment on this contract so long as it shall seem necessary to indemnify the City. SECTION 8 . It is understood and agreed that the abutting property owners in Lighting District No. 2 and the City have certain property in the conduits and manholes, and on the poles of the Utah Power & Light company, and that the title to said property is and shall remain in said abutting property owners and the City, and they may make any disposition of said property they may see fit after the expiration of this contract. SECTION 9 . Upon the execution of this agreement, the City Transportation Engineer shall make, certify and deliver to the City Mayor and City Council a statement showing the total amount to be paid the Contractor for such work, and showing the cost and expense of engineering, advertising and inspection, indicating what portion of said amount is chargeable to the City, and what portion is to be collected by assessment upon the property abutting on or declared to be benefited by said work, and the Contractor shall thereupon be paid the same, as provided in the next section of this contract. SECTION 10 . The Contractor will patrol the lighting system on a regular basis to locate and repair outages, and to insure that outages are kept to a minimum. SECTION 11. The Contractor is understood to be an independent Contractor according to the laws of Utah, and shall be liable for compensation to its injured employees, and dependents of deceased employees, and shall secure workmens compensation as provided by law. SECTION 12: The City or the Contractor shall have the right to terminate this Agreement for any reason on 30 days written notice to the other party. IN WITNESS THEREOF, The Mayor of Salt Lake City has made and executed this contract on behalf of said City, and caused the seal of said City to be hereto affixed, and the Contractor has hereto set its hand and seal the day and year first above written. Written notices to the Company from Customer shall be mailed to Utah Power and Light Company Attention: Corporate Secretary P.O. Box 899 Salt Lake City, UT 84110 with copy to the Customer Service Manager listed below. Inquiries concerning billings, load projections, etc. shall be mailed to: Utah Power and Light Company Attention: John Bryner, Customer Service Supervisor P.O. Box 11400 Salt Lake City, UT 84147 THIS AGREEMENT superseded all prior negotiations, agreements and representations, whether oral or written, between the parties hereto relating to the subject matter of this contract, and constitutes the entire agreement between the parties, and may not be changed except by written instrument duly executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the date first herein written. ATTEST: UTAH POWER & LIGHT BY J.A. BOHLING Assistant Vice President & Division Manager ATTEST: SALT LAKE CITY CORPORATION BY TITLE PROPOSAL SALT LAKE CITY, ,1987 The undersigned, after having personally and carefully examined the specifications, and forms of contract and bond, all of which are attached hereto, and made a part hereof proposes to operate, patrol and maintain for a period of beginning November 30, 1987 to November 29, 1992 Lighting District NO. 2 --,and do all other work that may be required to satisfactorily operate these lamps, including the furnishing of all material, labor, electrical energy, and all other things necessary for their operation, in a proper manner, and upon the terms and conditions and in the manner set forth in the specifications and form of contract, and under penalty of the bond hereto attached, and to the full satisfaction and acceptance of Salt Lake City, for the following prices for the respective items named: SCHEDULE OF PRICES: Operation, patrolling and maintaining for a period beginning November 30, 1987 to November 29, 1992 in accordance with electrical service rate schedule number 11, tariff number 33 (effective July 1, 1985 ) copy attached: 4,000 lumen mercury vapor lamps 70 all night lamps at $95 .40 per lamp per year 5, 600 lumen sodium vapor lamps 115 all night lamps at $101. 64 per lamp per year 10, 000 lumen incandescent lamps 55 midnight lamps at $241. 60 per lamp per year 10 , 000 lumen incandescent lamps 28 all night lamps at $268.44 per lamp per year 21, 800 lumen flourescent lamps 26 midnight lamps at $206. 06 per lamp per year 21, 800 lumen flourescent lamps 2 all night lamps at $228 . 96 per lamp per year 43 , 600 lumen flourescent lamps 14 all night lamps at $355 . 92 per lamp per year 50,000 lumen sodium vapor lamps 39 all night lamps at $222.84 per lamp per year Additional investment charge: 64 luminaires at $91.08 per lamp per year 6 luminaires at $91. 68 per lamp per year 28 luminaires at $30.60 per lamp per year 14 luminaires at $48. 00 per lamp per year Operation, patrolling and maintaining for a period beginning November 30, 1987 to November 29, 1992 in accordance with electrical service rate schedule number 12, tariff number 33 (effective July 1, 1985 ) copy attached: 16,000 lumen sodium vapor lamps 14 midnight lamps at $57.48 per lamp per year 21, 800 lumen flourescent lamps 110 midnight lamps at $109. 94 per lamp per year 43, 600 lumen flourescent lamps 55 all night lamps at $223 .44 per lamp per year 27,500 lumen sodium vapor lamps 16 all night lamps at 84. 36 per lamp per year 50, 000 lumen sodium vapor lamps 102 all night lamps at $122. 64 per lamp per year NOTE: Franchise tax and inflation not included In the event any taxing body has imposed, or shall impose, during the term of this agreement, any franchise, occupation, license, excise or other tax or charges based upon meters or customers, or upon electricity sold or the receipts or income therefrom, and if such tax or charge applies to service under this agreement the pro rata amount thereof will be added to the charges set forth in this agreement, separately itemized or billed monthly to the customer. The rates provided for herein are subject to increase of decrease in the event of any change in the company' s applicable rate schedule approved by the Public Service Commission of Utah at any time during one term of this agreement.