HomeMy WebLinkAboutRes 14-96 05/07/1996 VWL
5/1/96
5~2~96
RESOLUTION NO. 14-96
A RESOLUTION AUTHORIZING EXECUTION OF
AN ELECTRIC SERVICE CONTRACT BETVVEEN
THE VILLAGE OF MOUNT PROSPECT
AND COMMONWEALTH EDISON COMPANY
VVHEREAS, the Village of Mount Prospect, having entered into a service agreement
with Commonwealth Edison, is eligible under Rate 24 for specified electric services;
and
WHEREAS, the Village of Mount Prospect is desirous of obtaining electdc and other
services from Commonwealth Edison on the terms and conditions set forth for Rate
24.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Mayor and Board of Trustees have determined that it
would be in the best interest of the Village of Mount Prospect to enter into a Rate 24
Service Contract with Commonwealth Edison.
SECTION TVVO: That the Mayor and Board of Trustees of the Village of Mount
Prospect do hereby authorize the Village Manager of the Village of MOunt Prospect to
execute the Rate 24 Service Contract from Commonwealth Edison in substantially the
same form attached hereto as Exhibit "A".
SECTION THREE: That this Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
AYES: Corcoran, Hendricks, Hoefert, Skowron, Wilks
NAYS: None
ABSENT: Cl owes
PASSED and APPROVED this 7th day of May ,1996.
ATTEST:
Carol A. Fields
Village Clerk
VILLAGE OF MT. PROSPECT
ELECTRIC SERVICE CONTRACT
Rate 24
This Electric Service Contract (this "Contract") dated as of February 7, 1996, between
COMMONWEALTH EDISON COMPANY, an ]illinois corporation (hereinafter called the
"Company'S), and the V~LAGE OF MT. PROSPECT, (hereinafter called the "Customer").
RECITALS
1. The Customer is eligible under Rate 24 for the electric service provided for under this
Contract.
2. The Customer desires to procure from the Company, and the Company desires to provide the
Customer, electric supply and other services on the terms and conditions set forth herein.
NOW TI-1F, REFORE, the parties agree as follows:
1. Electric Su_n_nly.
1.1 (a) The Company will supply to the Customer, and Customer will take and purchase
from the Company, all electricity required by the Customer for water supply and sewage pumping
purposes, as well as for incidental lighting and power purposes not to exceed 5% of pumping load, on
the premises occupied by the Customer at the pumping plant site(s) (the "Premises") listed on the
attached Supplement (the "Supplement") for the period set forth in Section 1.2.
(b) The electricity to be supplied pursuant to this Contract shall not exceed the
Customer's estimate of Maximum Demand in any monthly billing period, for each of the Premises as
stated in the Supplement.
(c) Electricity will be supplied to additional pumping sites requested by the Customer
in writing, mutually agreed upon and added to the Supplement as part of the Contract as required.
(d) No changes with respect to pumping sites shall be made to this Contract or
deemed effective except as requested by the Customer in writing, mutually agreed upon and added to
the Supplement as part of the Contract as required.
1.2. Period. Electric service under this Contract will commence on or about February 7,
1996 (the "Inception Date"). Electric service under this Contract shall expire at the end of 60
monthly billing periods after the Inception Date. The Contract shall be automatically renewed for a
term of 12 months, unless written notice is given by either party not less than 30 days prior to any
expiration date.
13 ~. The Customer will receive and pay for electric service
under (i)Rate 24, (ii) Riders 7, 20, 23, 28, and 31, (iii)Terms and Conditions, and (iv)any other
applicable rates, riders or tariffs, in each case as the items in clauses (i) - (iv) are on file with the
Illinois Commerce Commission from time to time and as the same may be added, deleted, modified
or amended from time to time.
2. Electric Service Station. (a) The Customer hereby grants the Company the right to
install, construct, and maintain on each Premises listed in the Supplement an Electric Service Station
including transformers, protective apparatus, supply line, and other electrical equipment (collectively
"Equipment") in connection with supplying electric service to the Customer by the Company at the
listed Premises. The Customer grants the Company the right to cross the Customer's property to
serve other users of electric service with the Equipment.
(b) The Equipment which is owned, furnished or installed by the Company shall
be maintained by and remain the property of the Company, and the Company shall have free access
to the Premises at all reasonable times for the purpose of installing, operating, maintaining, repairing,
altering, or removing any of the Equipment. In the event such Equipment includes primary cable not
in duct, the Customer agrees that the strip in which the cable is installed will be kept free from any
over building or other obstruction that might interfere with the Company's ability to maintain such
cable.
(c) In the event the Customer ceases to use the Company's electric service, the
Company shall within 60 days after receipt of a written request from the Customer, remove all of the
Company's Equipment located on the Premises.
(d) The Customer agrees, at the Customer's expense, to provide and maintain in
a good, safe and proper state of repair all facilities furnished by the Customer in connection with the
installation of the Equipment. In the case of a vault or ground-type Electric Service Station, the
enclosure, foundation, fill and similar facilities shall be furnished by the Customer in accordance with
the Company's specifications.
3. General. This Contract (i) may be executed in multiple counterparts, each of which
shall be deemed an original and which, taken together, shall be deemed to express the single
agreement of the parties; (ii) shall not be altered or amended except by an instrument in writing
executed by authorized representatives of the parties; (iii) constitutes the entire agreement and
merges and supersedes ail prior agreements, understandings, and negotiations, both written and oral,
between the parties with respect to the subject matter of this Contract; (iv) is binding upon and
inures to the benefit of the parties and their respective successors and permitted assigns; (v) may not
be assigned (nor may any rights hereunder be assigned) without the prior written consent of the other
party; provided that neither party shall withhold its consent to any such assignment if its rights
hereunder will not be adversely affected thereby; (vi) does not confer any rights upon any person
other than the parties and their respective successors and permitted assigns; (vii) may be performed
by the Company through the use of agents and subcontractors (but such use shall not relieve the
Company of any obligation hereunder); and (viii) shall be governed by and construed in accordance
with the laws of the State of Illinois without regard to conflict of laws principles. Any provision of
this Contract which is prohibited or unenforceable in a specific situation in any jurisdiction shall not
affect the validity or enforceability of: (a) that provision in another situation or in any other
jurisdiction, or (b) the other provisions of this Contract if such other provisions could then continue
to conform with the purposes of this Contract and the terms and requirements of applicable law. A
waiver by either party of any default by the other party of this Contract shall not be deemed to be a
continuing waiver or a waiver of any other provision of this Contract, but shall apply solely to the
instance to which the waiver is directed. The parties shall execute and deliver all documents and
perform all further acts that may be reasonably necessary to effectuate the provisions of this
Contract.
4. Notices. All notices or requests required or contemplated to be given hereunder to
the Company or the Customer shall be directed to such party at the following addresses:
If to the Company: Commonwealth Edison Company
201 N. Arthur Avenue
Mt. Prospect, IL 60056-2295
If to the Customer: Village of Mt. Prospect
~,~.,, ........... ~,.~ IaO 5 ~_$o~) fir'.
Mt. Prospect, IL 60056
In Witness Whereof, the parties have executed this Contract as of ~ Z~ , ff~.
ACCEPTED BY:
FOR THE COMPANY: ~ FOR l~g ~ff6~
Signature ~' 7 Sign nature y '
Dennis J. ,ieschke
Print Name Print Name
Re~onal Accounts Market Manager
Official Capacity Official Capacity
Mail bills to: Village of Mt. Prospect
................ ~..~ ..... /a-t~ ~. ~Y~5&~ ~'
Mt. Prospect, IL 60056
J14341§-5
The Company agrees to furnish and maintain on the Customer's premises metering equipment in excess of
a standard metering installation w measure the elecuicity supplied to the Customer, as deecribod below, for
which the Customer agrees to pay a total monthly rental of $2.90.
1. Actual Metering Equipment Monthly Rental
8 Three Phase, Self Contained, Class 100 & 200 watthour meters IHI ~ $2.90 aa ..................................... $23.20
8 Three Phase, Trenstormar Rated, Ctass 10 watthour meters (dl ~ $6.00 aa ............................................ $30.00
12 Recording Demand Register - electronic (R} @ $9.40 ea ......................................................................... $112.80
2 277 or 4~80 voit potential transformers iA} ~ $2.8S aa ...................................................................... $5.70
8 480 Volt & under, under 1200A, indoor current Transformers (Al ~ $1 ~28 aa ......................................... $10.00
2 480 Volt & under, 1200-2000A, indoor currant transformers ICl ~ $4.70 en .................................. ~ ...... $9.40
Total (Item 1) ...... $191.10
2. Standard Metering Equipment
7 Three Phase, Self Contained, Class 100 & 200 watthour meters (H) @ $2.90 ea ..................................... $20.30
5 Three Phase, Transformer Rated, Class 10 washout meters (J) @ $6.00 ea ............................................ $30.00
12 Recording Demand Register - electronic (R) @ $9.40 ea ......................................................................... $112.80
2 277 or 480 volt potential transformers (A) @ $2.85 ea ...................................................................... $5.70
8 480 Volt & under, under 1200A, indoor current transformers (A) @ $1.25 ea ......................................... $10.00
2 480 Volt & under, 1200-2000A, indoor current transformers (C) @ $4.70 ea ......................................... $9.40
Total (Item 2) ...... $188.20
3. Total Monthly Rental Payable (Item 1 minus Item 2) .......................................................................................................... $2.90
The Customer agrees to furnish end install the wiring, supports, and other appurtenances, as specified by
the Company, necessary for the metering installation or installations.
The monthly rental specified above is in addition to ail other charges under the contract to which this rider
is attached and this contract rider is subject to change as provided in such contract.
Customers Name Village of Mt. Prospect
Address VARIOUS
Dated 2/7/96 BD80 JT 13229 Mt. Prospect