05/11/1918 Board of Public Works Special Meeting Minutes

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And said party of the first part frther agrees to indemnify and save harnless the said party of the second part from all dama'as to any person or property by reason of the negligent performance of said.work.by the party of the first part. And said party of the first part further agrees that after repairing any place in any of the streets of said City, he will immediately thereafter remove all dirt and refuse to the curb of said street. And it is further agreed that the party of . the first -part may use all material taken o t of :the streets repaired by him, which material is in first class condition and s stable to be used in doing said .repair work. And said party of the second part, as a part of the consideration of this contract, agrees to loan to said party of the -first pert asphalt plant, all asphalt tools, which it now owns, and said party of the first part agrees to pay for the use of the same and for such time as said tools are actually used, Five cents (5cents) per sq. yd. of asphalt surface laid and said party of the first part agrees to keep said todle and plant in good repair add return the same to said party of the second part in good condition less natural wear and tear. The said -party -of the first 'part agrees to do and execute said work at times and places as. designated by the Street Commissioner of said City, ' and under 'his direction. And if he should fail and refuse to do the same, as by the terms of this contract required, then said party of the second part may at Its option terminate this agreement. And if party of the first part should fail to perform, this agreement or any of its terms and conditions, it ff he shall fail to do any work within one week after he is directed so to do.' (except where shortage of material is caused by railroad strike or freight embargo), then he agrees to pay said party of the second part the sum of Fifty and no/100 Dollars ($50. 00) as liquidated damages for such fa ilyre, -and said party of the second part may retain said sum out of any money due said party of the first part, said sum to be paid to said first party upon the completion of the work to be done under this contract. And in addition to said sum above referred to, the said party of the first part further agrees to give a One Thousand ($4000.00Doliars bond with a good and sufficient surety thereon to be approved by the Board of -Public Works of said City for the faithful performance of this contract. IN WITNESS WHEREOF, the parties have hereunto set their hands in' duplicate on the day and year first above mantioned. HARRY H. BARNES. Contractor. CITY OF SOUTH BEND INDIANA by BY GIL43ERT A. ELLIOTT H. F. FOSTISER JOHN F. DE -HAVEN BOND OF CONTRACTOR TO ACCOMPANY STREET IMPROVEWNT CONTRACT. N KNOW ALL MEN BY THESE PRESENTS, That Harry N. Barnes as principal and Charles Suabedisen and T. C. Barnes as sureties, of th County of St. Joseph and State of Indiana,,- are held and bound by the City of South Bend, Indiana, in the sum of One Thousand ($$19000.00)Dollars for the payment of which, well and trul� to be made, we jointly and sevetly bind ourselves firmly by these presents.