Loading...
HomeMy WebLinkAbout07/23/1934 Board of Public Works Minutes50 1 and ey , July 23rd. , 1934 Board met in re ular session at 3 F. 1,'. All members present. 1-r. W.J. S. 1-oore, �Iity LnFineer, absent. 1=fiinutes of meeting- held Yonday, July 16th., 19341 read and approved. Tfe following Carbage contract was presented to the Bogard by City Attorney I. S. I'omig, and. was signed. by the Board: C.AR'FfP.GE RVI OVAL CONTRACT ` mTTS INDENTURE "`.ADD: in the City of South Bemd , County of 6t. Joseph and State of Indiana, this 234rd., day of July, 1934, by and between the 1`731\I0I10-^L CITY GF SOUTp TRIM, TNPpTATTA., by and through its board of Public Forks, party of the first • pert, end James F. Fierce, of said City, party of the second pert, WTTIFISSETF: The said first party having reretofore advertised for bids for the Collection and removal of garbage and small dead animals from said city, all as required by law, and the said second -party, having submitted his waitten proposal and being the lowest end best bidder trerefor, the p-sties hereto do now enter into are agreement a- follows, to -wit: In consideration of the -oremises and the agreements hereinafter contained to be done and performed by sa.i,,:` sefond party, said first party contre cts and agrees. to pay unto said second party to e sum of ` Tenty-four Thousand even hundred Dollars ( §24,700.00) , for each year, for and during the life of this contract, which sum said first party shell pP7t��to said second party in equal monthly installments, the one half (1/2) of each month installmentto be paid on the 15th., of each month and the other one-ha-lf (1/2) to bey` paid on the last day of each month. The first payment to be made on January 15t'., 19:35, and semi-monthly therefffter, es hereinabove stated. The period of service to begin on Jenuary 1st., 1935, and to continue for a period of five t5) full years end ing on th- 31st. , day of recember, 1939. In sddit _on to said payment as hereinabove provided, the first -pasty will also furnish seven (7) garbage boxes and. hoists and will furnish and keep in repair boxes one h- ists for the trucks for said wor k. In consideration of the letting of said contract to said second party and the saidpromises and agreements of said first party as hereinabove contained, said • second party contracts and agrees to collect weekly from all residences in said city, a end in accordance with the provisions of Ordinance Number 1216 of said City, in so fer as it is consistent kith this contract and he will remove all such garbage to a point outside the City not fewer than three (3) miles distant from its outer limits. Said second party contracts am -frees to furnish all trucks and other means of conveyance (dxcept the said seven (7) garbage boxes and hoists furnished by first party) and. all the men which rriay be necessary for the proper, prompt and complete collection, removal and disposal of said bargage and rill make such collections at least once each week, and he will at all times provide said city with the districts covered e^ch day. • Said second past,- shall provide all conveyances for garbage with proper covers and in vehicles which are clean upon the outside at least and all such renotral and conveyance shall be in such manner as not to be offensive either by reason of odor or to sight, or otherwise and, shall thoroughly cleanse and. rourify all tanks used in said work and Ti,,ill keep the sem.e in clean end sanitary condition. . Said second party shall keep the place where he deposits such garbage, outside said City Limits as aforesaid, in as near ands., sanitary condition as it is possible considering the mature of the use to whAch such pr.en.ises are nut end said first party and/or its authorized agents end employees shell have free access to such property and to the -plents of s^id second Tarty for inspection purposes at all reason- hole hours and may also inspect and examine all vehicles and instruments of convey- ance, but sa, d. first party sbF11 not be responsible for damages to any person, or persons, who ney be dam-ged or offended by ordors emanating from such premises or other obnoxious features incidental thereto. :laid. first party w=:711 not designate places where such gerbage shall be removed end shall be in no way respensible for the selection thereof, save and except thatnthe place, or places, must be located at least Vrree(3) miles from the nearest limits of the city thereto. Said second party shall hold himself in readiness to respond to any call from any department of the city in case of a need or emergency for the removal of barrage. Said second p'"rty shell also give to the said ho-rd of Fublicorks, on or before the 15th., day of January of each yeer after January- 15th., 1935, and dur ing the period of this contract, a report which shows the ppproximte amount of garbage collected by saidcontr.pctor under this contract during the preceding year. laid. second party agrees that in the carrying on of the work herein provided for, all proper skill and care shall be exercised and all due and proper precFutions shall be used to prevent injury to person, or persons, or pvoperty and he rill, upon the receipt of notice from the city, defend, at his ovin expense, any ectinn or suit, w-ich msy be brought against the. sold city because of any work or other acts done or performed by the said second party in pursuance of his duties under the terms • of this contract or incidental thereto end he will pry any judgement which Tray be obtained against said city by reason of any work or acts done hereunder by said. second lv-'ond a y, July 30 th . , 1.9 34. 51 party, his sgents and/or employees and said second party contracts and agrees to pay all damages to persons or property, public or private, which may be caused through 1 negligence of himself, his agents and/or employees in the performance of his part of this contract. . Said second party further contracts and PFrees to conform with all provisions of the laws of health and the rples of the health Department of ss:id City and of the State of Indiana which are now in existance or which mar hereafte� be announced and promulgeted and he will conform with all provisions of the ordinances relating to the mr1tters contained in this contract which may no,*- or may hereafter be in force during the term of this contract. Said second party agrees to furnish aderuate. trucks, vehicles and other imp1d- ments and re agrees to furnish sufficient nun-ber of men promptly, reasonable and efficiently to do and perform all of the provisions in this contract contained for him to do Pn.d perform end he further eprees thet he will pay at least present N. R. A., wages to 'is employees, and he will pay F=t least 40 cents per hour to helpers and 45 cents per hour to truck drivers. Said seconr party contracts and.. agrees to c.r= insurance in accordance with the Law of Compensation of the State of Indiana for the protection of his employees. Said second party shall maintain Pn office at the Street Debartrnent Eeadcuarters ® which is now located at the foot of Sycamore Street in said City and he, hispents and/or employees shall have the privilege of using the telephones of said Department for all purposes re -;wired and/or incidental to the performance of his part of this contract end he contacts and sprees to keep someone at said Department to receive order and/or instructions from the various departments of the city relating to tk-e work d.n this contract provided for and he may also use said head c uerte rs as a parkin° place for all trucks and other vehicles used in the said work. This contract shall fnclude the years 1935, 19361 1937) 1938 and 1939 but the first party reserves thte right to cancel this contract and to be relieved from further oblipa.ti on thereto upon written notice t __ said second. party at least twelve months (12) • months in advance in the event an Incinerst inF plat be erected and in operation before the termination of this contract and in the event such Incineratinpa plant beg -ins opera- tion at any time within any year covered by this contr.-ct then said first party shall pay to said second party the pro -rate part for the time the services are performed by second nRrty, , but no more. Said second party contracts and Pprees to furnish a bond in the sum of Ten T-housand Dellsrs (8110,000.00) payable to said first party, which bond shall guarantee t ? e full and fai thfu 1 performance of all the duties in this contract contained for said second party to do and perform, which bond shall be submitted to said Board. of Public P'�orks within ten days (10) of the execution of this contract, which bond. shall be by resp ins-i.ble surety, or surety company, and in such terms as appear proper to said Board o" public M,orks It is understood that said bond, its renewals thereof, shall eua_rentee to said first party the:^t s8i C seconr party will do end: perform the tines in this contract pro- vided for him to do and perform and he will carefully, skillfully and in clue time pro- . erly do am perform all of the thins herein contained for and furing the sad five i 5) year term. • In the event seid party fails or refuses to conform pith all provisions in this contract contained f-r him to perform, said first party may, at its option, cancel this contract a. d relieve itself from further liebilit,/ thereon, by Fiving, to said second party a notice that it will cancel said contract unless conformance with the pr©vis-Ions there of be rpde by second TF-, rty within ten (10) days of the time of receiving such, notice, but first party shall point out in said notice the violation complained of but such cancellation s?-.all not relieve said second party and/or his bondsmen, or surety, from. paying all dam^fres which said first p^rty may suffer by reason of ' is failure to so perform and sel_d bind sh=-11 particularly cover all payments which said city may be required to rrpke to sore other persons, or persons, or corporations in excess of the peyn nts contacted anc P greed to be made to said second party for and during the un- expired term of the contract. ` Said second party shell carry public liebility insurance all as provided in the Ppecificetions which are hereinafter made a part of this contact. The specifier-tions which were submitted to seconf party and other proppeetive bidders by said first' party are he reby made a part of this contract and shall be, so far e s applicable end consistent with this contract, a part and parcel hereof the same as if written herein excepting that in the definition of "Crrba€°e", grass clippings and/or weekds shell be included in the term "vegetable matter that tends to decay." This contract shall not be binding upon the party rrf the first part until ratifi- ed and approved by the '%or ,on "ouncil of the said Uity of South Bend. IN 7"ITTlE'SS N'FEEPEOF, the parties hereto do hereunto set their hands and seals in triplicate in the said City of South Eer dl , this day and year first above written. J''S F. PIE'BCE EC OTIM P k`aRTY TTEST. TTt Z L A. TU ;p t''R S"E'CY. i T � .:L e'z OF yi,s r oaf, ;rr� yr A' Y .,ICY JOHNS ON ".RTT0IIT 'lam} LjriZT T4SKI A ITI -P BOAT"T' OF PUBT.,IC *!CIRKS FTR T PAR TY 52 1=onday, July 23rd. , 1934 The board. approved p^y roll claims for various departments in the sum of M637.02 and hereby orders City Can+roller to pay same. of 8769,95. The Board approved other claims for various departments in the sub This being the date set for proposals for street lighting as previous ly ordered by the Poerd, no bids were received. City hngi.neer, W. S. TFoore, reported to the Board that the Indiana and Yichigan Electric Company requested that new speci- fications be drawn for this street lighting. contract. the Eoardl. there ore, ordered new specifications and ordered new PUblications for proposals at a dste to be decided upon later. Meeting adjourned at 4-45 P. D,_T. Att-st y YONDAY, 3T_T7 Y 30 th. , 1934 The Board met in regul!Tr session at 3 P. All members present. City Engine er , W . S . IZoore , eb sent. Minutes s of meeting held ""ond py , July 23rd. , 1934, read and approved. The Board approved pay roll claims in the sum of $4,870.60 and hereby orders City Controller to pay same. The Board approved claims for various departments in the sum of $424.46 and hereby orders "ity Controller to pay same as soon as possible. Ae board approved the Contractors Bond in favor of jErnest L. Longway of lv ishawaRa. , Ind iana , si me d by r'idelity and -Deposit company of `aryland . The Eoerd instructed -iss .ezel r-. Turner, secretary of the Boerd, that she was to have two weeks vacation with pay, as usual. p . S. rY'oore, City -I�Inc_ineer, said he would arrange to have Joseph Paidle from his department, to relieve 11'iss Turner during her absence. `the Loerd instructed I`iss Turner to advise 'A. C. '°Elliott to ;rite the liability insurance on the street department equipment at Y is estimate given IV, -ay 26th . , 1934. - Ideet ing ?d journed at 4-30 P. Y. Attes �=e cy • • • •