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Report received read and referred to the City Attorney from W. D.
<br />Teeple Commissioner of Buildings in regard to the smoke nuisance at 824 Harrison.
<br />Avenue this City.
<br />Petition received for a fight at Thomas Court at the intersection
<br />of th alley running north and south. Same referred to Mr., Beaning for report.
<br />Representatives of the. Blackstone Theatre Corporation appeared
<br />before the Board and took up the matter of placing J well in alley at rear of Theatre
<br />Building or lst. alley east of Michigan Street.$& The Board deferred all action
<br />on same until Tuesday September 30th. ,1919 at 10: 00 A.M. and advised representatives
<br />to present this matter to parties owning prdpetty. con private alley adjoining said
<br />building and see if well could be installed there.
<br />The following bonds and contracts were approved by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />- THIS AGRED ENT, Made and entered into this 23rd. day of September
<br />1919 by and between Whitcomb & Keller of the County of St. Jflseph, and State of Indiana
<br />(Utreinafter referred to as'the " Contractor"), and the City of South Band, , in the
<br />County of St. Joseph and State of Indiana, by and through its Board of Public Works
<br />(hereinafter referred to as the " City"), under and by virtue of an Act of the General
<br />Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporation
<br />approved Marc. 6,1905, and all amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to Construct
<br />asphaltic concrete pavement and grade, curb and walk on Diamond Avenue from Portage
<br />Avenue to north line of Cushingts Addition, in the City of South Bend, Indiana at and
<br />for the following prices:..
<br />4860 lin. feet of curbing per lin ft.....:...........$.32
<br />3224 cu* yds, of grading per cu. Yd....................625
<br />21.750 sq. ft. of sidewalk per sq. fit ................:.. .145
<br />• 250 line feet of mar inal curbing per lin ft g g P . no. bids
<br />8. 050 ' sq. yds . of Mexican Asphaltic concrete
<br />per sq. Yd......:................2.40
<br />and W pe-irform all worts in tjw pr tc"tijon Df said impro-vement under
<br />attd aeceatd[irw to t!i! t irla iA
<br />M-
<br />didons of lltnpro"'M mt P-R&+xtio,n No. _ -705- adopted by the Board of Public Worrkt&>jT.}�,��,,,��.,. � 19i9.
<br />and t-he OWN ' the office of the Department of Pubnc Wdrkt, wb�e>1 �a�
<br />rofi.e �.std s �eafica.+ions on fife in
<br />msolution, ptans, profit-, and specifications are grade a part hereof as fully and effectually as it copied 410
<br />Not Out herein at full length,
<br />The contractor further expressly covenants and agrees that in the proseention of said" worn all pj,opo1'
<br />01,1111 and care rill be ex ercj,�1 th * he .. 1 -on � r
<br />n �� all e:ave�itrrs attd da�ernts placa�
<br />fl•r{ Will hiss all due- and r^her -4 .iu+?O to r ✓ t j'z 7._V r i «sja. i�t
<br />p,. jar. p to y per.,ct.1 or i° vy; that i`1 tl?e ev!�t,
<br />arr f0try or damage result-ng fronn thA w rt-L or resv.Atin_g front a,-,y rr ;tk�r or thin tottttePtPd the!rewittt or ar its therefrom, to any person or property, b-e ••- 11 ray ar�1 liquidate the same at is owq expense, afld as'.
<br />lairs he liability therefor; and in the event of any claim or claims being made or s;tty, action or actions bein
<br />broxsiht sgainst the city by reason. or on account" of or growing out of sl'ci worts or sts •tonttructlon, the s't''
<br />contractor will at his own expense defend the same, and will pay.any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives. frotrt all engt1
<br />0 4180) pa�+ went or judgment recovered in connection with such elaim,or claimi, action or actions, And ;f
<br />w�i lrih t�tt flays after any such action is begun, the city shall notify the contractor Of thf; pendtncy thprji,
<br />th}.n any Judgment rendered against the city shall be conclusive against the contractor and against thq sur@ty
<br />on hip cunstructioit bond, as to th ,mount, liability and other matters pertaining thereto,
<br />:f wt, .,h repairs as way 1ti rre�essal"� _
<br />the cr od,iud in, the ntauner as fixed by the snot flca'lons, arld totaec,,rc We maintenance pLnd repair thereof
<br />to Pie with t!le Board of Public Works a bond z ;th sufficient stire:ty thereon and in an amount as fixed by she
<br />spoe-49cations. And in doing such repair wort. the contractor and the surety on his guarantee bond shall be
<br />lubject to the save liability to the city and any other person for any injury ar.darrtage to any. pers _%a or prop-
<br />erty
<br />in the saint manner and to the same extent -as is fixed in the last preceding paragraph covering the cou-,
<br />struction work,
<br />And it is further agreed by and between said parties that the acceptance of the work provided for in dais
<br />contreci, or the paytrtc,tt th.r^of, shall not constitute a waiver on the part of the city of any of the trot ism lone ®f this contract, nor shall it r� lease said contractor or the sureties on his bond for the faithful perforna-
<br />once • thereof i nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />contract'
<br />except to the .extent .of entitling the contractor to the contract price:, therefor.
<br />The contractor agrees to pay for all labor and materials • used or furnished to be used in the making 'of
<br />suchImprovement and in the performance of, this contract, whether done or furnished for hurl, or his agent,
<br />a&silace, successor or Subcontractor ; and the city; may reserve out of any allowance made on any estimate
<br />In favor of the contractor or r- ^ assigns, ' or out of the amount due him or his assigns upon the completion
<br />Of the work, so much as nta' cessary to pay all laborers. or material men for amounts due them for
<br />work done or materials usea .1�r ;urni$htd. to be used in the performance of this contract and the doing of
<br />Mid work, and the Wimty °treasurer, Oting as city treasurer, may,retain money collected from property
<br />Owner'& assessed for said Improvement to pity such debts or until the contractor shows that they have b en
<br />Paid or satisfied
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