HomeMy WebLinkAboutOrdinance Approving a contract between the City of South Bend & Melvin J. Summers for Garbage Disposal` ~ ORDINANCE No
Passed by the Common Council of the City of South Bend,
OCTOBER 26th Iq/ 46
/A,,, w City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend,
OCTOBER 29th
o City Clerk
Approved and signed by me OCI0BER22Sth 19 46
-491�7
ORDINANBE NO. 3S %rf
An Ordinance approving a contract between the City of South
Bend and Melvin J. Summers.
Whereas, heretofore, to -wit, on the 28th day of October, 1946,
the City of South Bend, acting by and through its Board of Public Works and
Safety, entered into the following contract and agreement with Melvin J.
Summers, namely:
C O N T R A C T
FOR THE cor s rlw AND DI.'? sm OF Guar Guaw, rm THG csxrf of
SOUrR t ilt VD: DURIN 3 TIE CAL Z.RDAR 'WRS 1 i:7 48 and 1949
THIS IFDMfV N entered into this 28th day of t ctober# 3946, by stud
between the MwO41pal City of South Bends Indiana# by and throw its hoard of
Public Works and Safety* hereinafter referred to as "CI'1`i"o and Melvin J. Steers
of North Liberty* Indiwas hereinafter referred to as "COrMUCT'04" s WITWOZ, Ms
That the CITY having heretofore adopted specifications and advertised
for bids for the collection and removal of garbage from the city of South Bonds
all as required by lax, and the COPM- OTORs having submitted his written propsasa7.
In accordance with said specifications and advertising for bids and being the
lowest and beat binder:
NOWs Ttt RSPOitCs the parties horeto do enter into the following agree-
ments to -witt
1. In consideration of the Promises hereinafter containeds the CITY
agrees to pay the CCNTitbCTOR the am of One hundred Ninety -nine thousand twenty
four and 72/loo Dollars (t;`n199s024.72) for the years 1947: 1948 and 1949s otztich
sum the (IT shall pay to the CoNI IC m in aeveeaty -two (72) irstallmmts, seventy-
one (71) of tdaich shall each be in the amount of Two thousand seven hundred sixty
four and 23/100 Dollars (S2764.23)s and the final payment of *hich shall be in the
amount of Two thousand seven hundred sixty-four and 3911W Dollars (32764.39),
said payments to be made on the let and 15th day of each months the first payment
to be made on Jamwy 15s 1947# and the last payment on cr before January is 1950.;
2. In consideration of the Payment of the above mentioned stag by the
CIITj the CONITRAL ^H aVaaa to collect the garbage from all apartment## residences
And private dwallings throughout the city of south Trend at least owe each weak
,. 1 ..
during the twelve (12) months of the years 1947s 2948 and 1919* and to remove
all of said 8arbage so collected to a point not less than threee (3) miles distant
from the outer limits of the city of South bands Indiana# as such limits are
upon the date of execution hereof.
N The CONTRACTOR, shall provide all conveyances$ trucks and other
ega p ut for the collection of ba + All boxes or truck bads in vhiob garbage
is collected and hauled shall to of metal and mater-tighty and under no cirxcu
stancas shall any box or container be used -,ddoh atom vater or garbage to leak out.
These Containers Shall be furojohW icy the =9FW'MR and ehak2 be "gipped xd.tk
a
meta covers* %hich shall be kept closed at all times except 'shen garb"
is being disposed tharain. Any boxes or truck beds used by the CCaTriACTU.'t and
equipped sus above provided shall be approved by the Board. The CONTAACTJR shall
clean and disinfect all boxes and truck beds used in the collection of garbage in
such a manner as to satisfy the Hoard and the Department of Health of the City of
South Bends All equigat used in the collection and disposal of garbage shank
be kept as free and clean of obnoxious odors as is reasonably possibles and such
equipmmat shall be thorouabl.y clsarsed and purified daily.
CO AA"i'M WWAw "topW 3 of the atUah d apasckrj"U*ne. oUMM"t to .O&U
ftt"27 i Gf VIA AMUrbod Aa i$`,tatla coz'T;uTm #ire" tbs,y. r t tbo
• + to the emuvrr =AWVIA owa'Gt n"o tbo t JC -Jr Mr direat dsarine
Yew' IM testa 4WWO be dsonsraasd of hX ^ Kotbad or"arlbed IW the f,;,rr
ts�at, 3a ueeh uv "04 t �tikt TOR asMUL MIS tra re0in d to hwl the gwbMo a
di*t4ftO Ot thy; Uwft (3) sailer Ow the U.t:s of, the clTy am gush Halts
rAw midst,
5. the G(AM. MCT.,R shall divide the £ITr into districts for the purpose
of m kin, collections. gaeh district shall be divided into collecting routes.
The CONTRACs R shan furniah the Board with a mp showing the districts and routea.
These routes shall be set out in detail so the Poard will. know here the collections
are being rade wary day of the wookt and approximately where the collectors are
my time of the day. A route on which it is scheduled to collect the image on a
Tuesday# must be made on every Tuesday# The days of the weak above referred to
are used merely as illustrations and the awe rule shall apply to operations
of the contract during, each day of the week. The C NdVACTCH &&hall sot as nearly
as possible& collect garbage from the same reaidenctos not only on the same day of
each weeks but also as newly as possible on the same hour of the day. The
GxNiTr'iAGTOR snail file a copy of this schedule in the office of the board of Public
Works and Ssfety# the .`treat Departments and the Pum-d of Health.
6. It is fvrthor agreed that the CtlNTRAGTOR ahallt at all timess be
permitted to use the office of the street Department of the city and his asn-
ployeos shall have free access to the use of the telephone located therein for
all local calls. The gONTi,,AGTLr shall keep an employee at the Street Department
office during regular business hours for the purpose of roceiving calls and
caVlaints and for the purpose of taking directions from the CITr or any of its
departments and shall respond to any department of the CITY in making any special
or emergency call for the remaval of garbaf e.
7. The OMMACTOR further agrees to conform with an the lams of the
!kited States and the State of Indiana now in existence or which may hereafter
be enacted with regard to scatters contained in this contract. The C9OMMR
further agrees to conform with all ordinances of the City of South Fend raw in
existence with regard to matters contained its this contracto sad with such other
ordinances of said CITr " may hereafter be enacted with regard to the matters
contained in the contracts but which do not impair the obligation theremfr
Sy The CONTRACTOR is given the right to use the Street Department Lot
for the purpose of parking trucks and other vehicles used in the execution of
this contracts but this right shall not in any way require the CIT} to furnish
shelter or garage space for said trucks or vehicles,
9 The CONTRACTOR agrees to furnish a bond in the sum of Sixteen
Thousands Six hundred and noA00 ($160,600.00) - - - - - - - - - Dollars
payable to the CITYs vhich bond shall guarantee the full and faithful, performance
of all the duties specified in this contracts which bond Shall be issued by a
reeponSible surety company and shall contain such terms as appear proper to said
Board of public Works and Safety. It is understood by and between the parties
that the furnishing of said bond and its approval by said Board of Public Works
and Safety is ,a condition precedent to the final execution and taking effect of
this contract.
10 It is understood that said bond shall guarantee to the said CITYs
among other things, that the CONTRACTOR will do and perform an .things in this
contract and the specifications attached hereto and made a part hereof, required
by him to be performed at all times during the existence of this contract. In
the event the CONTRACTOR faila and/or refuses to conform with any or all of the
provisions in this contract contained, the CITYs at its options may cancel this
contract and relieve itself from all further liability thereunder. But such
cancellation shall not relieve the CONTRACTOR or his bondsmen or surety from
Paying all damages which the CITY may suffer by reason of his failure to perform
and said bond shall particularly cover all payments which said CITY may be re-
quired to make to some other person or persons to perform the provisions of
this contract in excess 'of the payments agreed to be made to said CONTRACTOR for
the Perform** of the provisions of this contract during any mired term
thereof ramai:ning after aM Ouch cancellation by the CITY.
11 . ITUS COMMOM *shall carry public liabilitt and property dazap
insurance* as provided for in the Specifications* which insurance shall be written
by a reliable iaraurance cagatV and be approved by the Boo9d of Public Works and
Safety of said CITY* Said inVMVMQ contracts shall be fired with the Board of
Public Works and Safety for its approval, within ton days gaftaxr the mgaution of
this contract and it is understood that the filing of said insurance contracts
with and the aparovel by said Loard of Public Works and W*tV in the owunt.
specified in' the OPSOificat ons attached hereto and made a part hereof and vithin
than tire herein specified, shall be a condition precedent to the final execution
said taking effect of this contract.
12• The CEr T MOTOR agrees that in the execution of this contract an
be used to prevent injury to anv person or persons or property and he will* upon
receipt of notice from the Mrs dsfwd at his oxen expense arm action or suit
which rag be brought against the CITY because of any cork or acts done orper-
fovftd by saki CONVAMOR $.n the performance of his duties sander the tem of
this contract* or inoid ntal thersto* or because of any failura on the part of
the Cu" MACTCR to perform any service or do anything required by this contract*
and he will pay any judgment which say be obtained against said CITY by reason
of any work or acts done hereunder by said C(NTRAM i or failure or omission to
perform ww acts required to be done hereunder; and it is expressly provided
that one of the conditions of the bond to be filed by the CONTIUC'IOas as herein
provided, shall be the securing of the CI1-7 from any loses as provided in thls
paravaphs excepting loss from public liability or prcparty dsrA40. Wxh shams.
IN Ca+bage in this contraet shall be head to include kitchen and table
'Y' • E s -w S .
91 u'
4*W, but not 1ticlsu1ing dishwater or vaste Vat * The MINTaCTux "I be abligated
tie seaport the i&rb&Pp sus dafiugd, from gal apartmentes residences and private, dwell.••
UP' It is net the intentiOn of this contract to cover the collection of prbap
from hotels , rogtaus ts# grecary stores+ butcher s<h" av3 similar Oemaraial pauses.
XA ma" SW of the bs cuing bumin"$" desire PftaP oallasted, it shall be by
private arsanga mt, astcapt as the DcArrd Of Public Health may regulate and supervise
said collection ,ivou the etsx aoint of pubUo stealth„
It io 00a tied by this &WOOMant, that than C '7Ur,r 't ,shall be required to
haft Only , einich Zay cr qty not be in papmrr It is ro0opised that
"11 aamraatsts of fdrOLIM Mttor RW inatdvartwky be depoo ted with the girls , Such
foraiat matter to 1U4dVW14MV1y deparitsd win be hauled by the ct W.moi, Hosa9vsry
where substantial amounts of fbreL> a matter, such as glass or tin camas are found in
the VAUS* or vherd residdats continually pmrvlst in depositing such forams aatte:r
with the garbage thou the CMTMi= shall not be required to haul the same„
14* The Board of Public ` oaks and Safety nay raqutra that for mach weeks
or par" v8sko ar the omtrUt period and by not later than the following 'v
A00na there 4*11 be handed to the %, or its designated representative, a
vwrifled stat3mont identifying ;each collection route upon arsich a full, and complete
tae collection has been minde Uuvugh Saturday in the preceding vsek.
15+ In the event, my rants is not ax►v eel in any riven week$ than the
One -third of the contract price shall be divided by
52. The weakly price thus established shall be
divided by the number of official collection routes
satablichad by the MuNMIMa and approved by the
Board# and the resulting quotient in dollares plus
25% tlsateots shall be the swunt which the kZ�,.y shall
deduct from the next mows due the C VUC %-;R.
ids however, that a reasonable amt+unt of additional tines without deduction,
stall be parmi.tted for making up collections Aich should have been rAde in a
16, he phra "fall and complete db bagm collection" and "route ♦,s
not cavarsd" as used in the preceding paragraph are intended to require and do
recuire substantial, performance by the =TRACTIOR of the provisions of said contract
to be performed by himo The deduction for which provision is made in the preceding
,contract $hall not include the iteace of 25r thersin mentioned for any perked of
ne n rforsrsnce by the' t t;X MCTOR caused by strikes# nor shall any failure to
partorm because of strikes be deeesed a breach of the CGi#TtT OTUR'S performance bond*
174 Non - performance by the GGadi° IMP. caused by strikes ekall not be
desamsd a breach either of this contract or of th$ parf'orma ncs bond but the CITY
shall not par tho CONTUCTOR that compensation accruing to the crai 3ACii7,tt for any
such period of non-performanco so caused by strikes nor collect from it the cost
of any collection of garbage moms by the GI'2Y daring such period ands if the
period of =*Terfarrmance caused by strikes shall exceed fourteen (14) days# tine
CITY mays at its election, cancel and terminate this contract by written notice
to the
16, In the event the boundaries of the City are enlarged to include
additional territory, the compensation payable hereunder for the proper portion
Of the terms remaining after such enlargement shall be increased oss the bass of
the area of the increase to the present area of the city,
19, CONT3ACTGR must be prepared to make any special collection ordered
by the hoard of Health or the Board of Public 'storks and Safety# Police or `ire
Departnents# Street Department, and any other department of the C11-FY, in can
the Collectors fail or miss a residence or other place *i.ch i-; on the regular
collection route# and the collection is not made within tventy�foiar (24) hours
aftanr the COMPACTOR has been notified to males the sat?#@# the CITY* throws its
Hoard a can have the collection mae* and charge, the, COrM CTOR U40 for making
said collsctians which amount shall be deducted from the next a due to the
OMMOTOR from the anr# provi4ede however, that if the twenty -four (24) hour
period after notice to the =rriACi' R U114 Upon a legal holidayp the =TRkCTWA
shall have an additionA ntp -four (24) hours in vhich to make said collection.
20 It is understood and geed by and betvA"n the parties hereto that
the spoeaii'ications attached to this contract and issued by the poard shakl be a
Part of this contract to the extent that said specifications are nat in conflict
vrith the terms of Uais contmatf and we herraby incorporated herein and uds a
Part h0"Og. In the anent of any conflict betasen this contract and the attached
000if ftticnsy the terms Of this contract shall control.
210 This contract $hail amt be binding upon the CITY until ratified
and aporaved by the Common Council of the City of Swath Farads Indiana.
IN DIM S5 K1FM1F# ides parties hereto hare hereunto set their hands
flow day and year first above written.
Works and Safety
s ,Ao e c c
works a ,fete
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��31F`s�ilfl�i�"•YS�` �
And Whereas] said contract and agreement have been submitted
by said Board of Public Works and Safety of the City of South Bend to the
Common Council of said City for its consideration and action thereon; Therefore
Section.l. BE IT ORDAINED by the Common Council of the City of
South Bend that the foregoing contract and agreement made by the City of South
Bend with Melvin J. Summers be and the same is hereby in all things ratified
confirmed and approved.
Section 2. This ordinance shall take effect and be in force.from
and after its passage.
ON & 2nd REAflkO ° d
OGWMTTEE OF THE WPM
PURM HEM=
3rd Rj&V44 /a ' a
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