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HomeMy WebLinkAboutApproving a Contract for the Collection and Disposal of Garbage Calendar Year 1945ORDINANCE No. 3, oW Passed by the Common Council of the City of South Bend, V' Presented by me to the Mayor of the City of South Bend, Approved and signed by Clerk Of Common Council Clerk ORDINANCE NO. 4-3� 9 AN ORDINANCE APPROVIiiG A CONTRACT FOR TM, COLLECTION AND DISPOSAL OF GARBAGE DURING THE CALENDAR YEAR 1945 MADE AND ENTERED INTO BETVMN TIM BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SuUTH BEND, INDIANA, AND BLUE LINES INC., AN INDIANA CORPORATION "tFIEREAS, heretofore on the _ day of September, 1944, the City of South Bend, Indiana, by and through its Board of Public Worksand Safety, entered into a contract and agreement with Blue Lines, Inc., an Indiana Corporation, for a collection and disposal of garbage in the City of South Bend, which contract is attached to this ordinance and made a part hereof, and ",I,REAS, said contract and agreement has been submitted by said Board of Public ?'forks and Safety of the City of South Bend, Indiana to the Common Council of said City for its consideration and action thereon. 0 NOTE, THEREFORE, be it ordained by the Common Council of the City of South Bend that: Section 1: The attached contract, made and entered into on the day of September, 1944, by the City of South Bend, by and through its Board of Public 'orks and Safety, be and the same is hereby ratified, confirmed, and approved. Section 2: This ordinance shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. of the M& 2md. REAOIH6 /O 0010, 17TEE OF. THE, WAM PUBLIO HEARING 3rd REAOIN6 NOT APMVIC REFERRED /D /q %✓y< C O N T R A C T FOR T'E COLLECTION AND DISPOSAL OF GARBAGE FOR THE CITY OF SOUTH BEND IND. DURING T=1 (SAT. MAR YAYAR OF 1945 THIS INDMUM entered into this day of September, 1944, by and between the Municipal City of South Bend, Indiana, by and through its Board of Public Works and Safety, hereinafter referred to as "The City", and Blue Lines, Inc., an Indiana Corporation, hereinafter referred to as "The Contractor ", WITNESSETH: That the city having heretofore adopted specifications and adver- tised for bids for the collection and removal of garbage from the city of South Bend, all as required by law, and the contractor having submitted his written proposal in accordance with said specifications and advertising for bids and being the lowest and best bidder: NOW, '11PMFORE, the parties hereto do enter into the following agreement, to -wit: In consideration of the promises hereinafter contained, the city agrees to pay the contractor the sum of Forty -one Thousand, six hundred and twenty -six ($41,626.00) Dollars for the year 194b, which sum the city shall pay to the contractor in twenty -four (24) installments, twenty -three of which shall each be in the amount of One Thousand, seven hundred thirty -four and forty -one hundredths dollars ($1,734.41), and the twenty - fourth and final payment of which shall be in the amount of One Thousand, seven hundred thirty - four and fifty -seven hundredths dollars ($1,734.57), said payments to be made on the 1st and 15th day of each month, the first payment to be made on January 15, 1945, and the last payment on or before January 11 1946. In consideration of the payment of the above mentioned sum by the city, the contractor agrees to collect the garbage from all apartments, res- idences and private dwellings throughout the city of South Bend at least once each week during the twelve (12) months of the year 1940, and to remove all of said garbage so collected to a point not less than three (3) miles distant from the outer limits of the city of South Bend, Indiana, as such limits are upon the date of execution hereof. The contractor agrees to furnish all trucks and equipment and man -power which may be necessary for the proper, prompt and complete collection, removal and disposal of said garbage; the beds or truckbodies in which said garbage shall be collected and conveyed shall be of metal and rater -tight and shall be so constructed as to be completely covered with metal covering at all times, except during the actual depositing of garbage therein, and shall be either a bed known as the "refuse-getter" made by the Elgin Corporation, or a type similar thereto and must be approved by the Board of Public "corks and Safety of said City. Said trucks and bodies and all equipment used in the collection of garbage shall be thoroughly cleansed and disinfected daily and kept as free from objectionable odors as possible considering the use to which they are put. the city, through its authorized agents, shall at all times have the right to inspect all equipment used by the contractor in the collection of garbage and the contractor shall be required to perform any reasonable acts reggaired by said agents or employees to ; °ake said equipment sanitary and efficient in the perfor;nance of the contractor's duties under this contract. The contractor shall keep the place r:here he disposes of said garbage outside of said city limits in as neat and sanitary condition as possible, considering the use to which said premises are put, and the city and its authorized agents and employees shall have free access to such property for inspection purposes at all reasonable hours and shall have the ri,;ht to require the contractor to perform any reasonable acts to make said pre:;Lises as sanitary as possible and to remove from them any objectionable or unsanitary condition vrnich might, in any way, impair the health of the surrounding co :,Imunity or interfere with the comfortable enjoyment and use of the surrounding property. For the purpose of collecting garbage, as herein provided, the contractor shall divide the city into six (6) districts and shall collect all of the garbage from each district on the sane day of each reek during the year. For example: All of the garbage from District No. 1 shall be collected on i.`onday of each week during the year 1945. each district shall be divided into routes, so that as nearly as may be possible each route will be covered at -2- approximately the same hour of the day on each day that collection is made. Proper maps of the city, showing the districts and routes shall be filed with the Board of Public Works and Safety, the Board of Health and the Street De- partment of the city and said districts and routes shall be subject to the approval and correction of the Board of Public Works and Safety. It is further agreed that the contractor shall, at all times, be permitted to use the office of the Street Department of the City and his em- ployees shall have free access to the use of the telephone located therein for all local calls. The contractor shall keep an employee at the Street Department office at all times for the purpose of receiving calls and complaints and for the purpose of taking directions from the city or any of its departments and shall respond to any department of the city in making any special or emergency call for the removal of garbage. The contractor further agrees to conform with all the laws of the United States and the State of Indiana now in existence or which may hereafter be enacted with regard to matters contained in this contract. The contractor further agrees to conform with all ordinances of the City of South Bend now in existence with regard to matters contained in this contract, and with such other ordinances of said city as may hereafter be enacted with regexd to the matters contained lathe contract, but which do not impair the obligation thereof. 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 contract, but this right shall not in any way require the city to furnish shelter or garage space for said trucks or vehicles. The contractor agrees to furnish a bond in the sum of Ten Thousand ($10,000.00) Dollars payable to the city, which bond shall guarantee the full and faithful performance of all the duties specified in this contract, which bond shall be issued by a responsible surety company and shall contain such terms as appear proper to said Board of Public Works and Safety. It is under- stood 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. It is understood that said bond shall guarantee to the said city, among other things, that the contractor will do and perform all things in this contract and the specifications attached hereto and made a part hereof, required 3 - by him to be performed at all times during the existence of this contract. In the event the contractor fails and /or refuses to conform with any or all of the provisions in this contract contained, the city, at its option, 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 required 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 performance of the provisions of this contract during any unexpired term thereof remaining after any such cancellation by the city. The contractor shall carry public liability and property damage insurance, as provided for in the specifications, which insurance shall be written by a reliable insurance company and be approved by the Board of Public Works and Safety of said City, said insurance shall be filed with the Board of Public works and Safety for its approval within ten days after the execution of this contract and it is understood that the filing of said insurance contracts with and the approval by said Board of Public Works and Safety in the amount specified in the specifications attached hereto and made a part hereof and within the time herein specified, shall be a condition precedent to the final execution and taking effect of this contract. The contractor agrees that in the execution of this contract all proper skill and care shall be exercised and all due and proper precaution shall be used to prevent injury to any person or persons or property and he will, upon receipt of notice from the city, defend at his own expense any action or suit which may be brought against the city because of any work or acts done or performed by said contractor in the performance of his duties under the terms of this contract, or incidental thereto, or because of any failure on the part of the contractor to perform any service or do anything required by this contract, and he will pay any judgment which may be obtained against said city by reason of any work or acts done hereunder by said contractor or failure or omission to perform any acts required to be done hereunder; and it is expressly provided that one of the conditions of the bond to be filed by the contractor, as herein - 4 - provided, shall be the securing of the city from any loss, as provided in this paragraph, excepting loss from public liability or property damage, which shall be covered by proper policy of insurance, as herein otherwise provided. The parties further agree that if the Board of Public ":orks and Safety shall notify the Contractor on or before June 1, 1945, that it has determined that sufficient :roan - power is available for collection twice each week, then the Contractor shall throughout the months of July, - ugust, and September of 1945, collect garbage from all apartments, residents, and private dv;ellings throughout the city of South Send at least twice each week during said months. The contractor shall have the right to submit to the Board of Public `7orks and Safety any and all information and evidence concerning the amount of man- power available in the city of South Bend and if such information and evidence is submitted to said Board not later than iay 15, 1945, then said Hoard shall give such information and evidence, reasonable consideration and weight in making its determination as to whether or not such man -power isavailable for the Purposes of the additional weekly collections. In consideration of the additional collection during said months, the city agrees to pay the Contractor, if such collections are so made, the amount of Four thousand five hundrsd Dollars (()4,500.00), which sum shall be paid in six (6) equal installments of Seven hundred and fifty (050.00) Dollars each, said payments to be mace on the 1st and 15th day of each month, the first payment to be made on the 15th day of July, and the last payment on or before October 1, 1945. The additional collections referred to above shall be subject to all of the provisions of this contract, and the agreement to make such additional collections and the agreement to pay such additional afaounts therefor shall hot be deemed separable in any respect from the other provisions of the contract relating to collection of garbage once each week. In the event two collections per ;reek are required during the months of July, August, and September, then one of the collections shall be made on the same Gay of the vaeek as it has been made in the months preceding said period, and the other collection shall be made upon a particular day which shall be the same day in each week during those months when the second collection is 2e ^uired to be made. For example: If garbage in a certain district shall be collected on i.ionday during the months preceding July, then during July, August, and September, if the second collection be ordered, collection shall be made on :ionday and Thursday of each week, -5- It is understood and agreed by and between the parties hereto that the specifications attached to this contract and issued by the Board shall be a part of this Contract, and are hereby incorporated herein and made a part hereof by reference. This Contract shall not be binding upon the city until ratified and approved by the Common Council of the city of South Bend, Indiana. IN ?iITNESS 11MEREOF, the parties hereto have hereunto set their hands the day and year first above written. ATTEST: BLUE LINES INC. By ITS °RESIDENT ATTEST: —6- CITY OF SOUTH BEND, INDIANA