06/26/1908 Board of Public Works Minutes

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176 Friday June 26th, 1909. Barber Contract Con't. WHEREAS, for this reason, the city is not satisfied that surface repairs should be made upon said street, but on the contrary desires the removal of the old pavement, including the present foundation and the substitution of a new pavement upon a portl- and cement concrete foundation, and WHEREAS, pursuant to that desire, the CITY has adopted specifications for a new asphalt pavement upon a portland cement concrete foundation, and had adopted proper resolutions and has properly advertised for and received bids for the construction of such new pavement under said specifications, and WHEREAS, the COMPANY submitted a bid for constructing such new pavement, which bid was found to be the best bid submitted, and was accordingly accepted, and the contract for such new pavement was awarded to the COMPAWT , and , WHEREAS, to the end of avoiding litigation, it is now desired to settle the controversy between the CITY and the COMPANY concerning the liability of the C031PANY to make repairs on_said street pursuant to the contract executed as aforesaid in the year 1999; NOW THEREFORE, in settlement of said controversy, and for the consideration hereinafter named, the CITY hereby releases and discharges the COMPANY from all obligations with respect to the repair of said street under said contract executed as aforesaid in the year 1999. In consideration of such release, the COMPANY hereby agrees to pay to the CITY_the sum of TWENTY CENTS PER SQUARE YEAR for each and every square yard included within said improvement. It is furthermore agreed that said sum is to be deducted by the CITY from the contract price payable to the COMPANY under the.contract awarded to the COMPANY for the reconstruction of said street, and the assessments which shall be levied by the CITY to meet the cost of such recon- struction shall be correspondingly reduced. It is furthermore agreed that upon the completion of said new pavement, and its acceptance by the CITY? the COMPANY shall be entitled to said retainer, amounting to approximately Fourteen Hundred Dollars (41400.00)2 held by the CITY to secure the performance of the guaranty provisions of said contract of 1999* IN WITNESS WHEREOF, t+rties hereto have hereunto caused their corprate names to be affixed by their proper officers or agents, this 26th day of June, 1909. BARBER ASPHALT PAVING COMPANY By "J. L. Aake, # SEAL # <! 1 1111 Attest: "P.B.Siebben", Asst Sec. CITY OF SOUTH By "E. J. # SEAL # Attest' "Nelson K. Kyser, City Clerk. General Agent. BEND Fogarty, Mayor -00000000000000000000000000000000000- Five year guarantee Bond of the Barber Asphalt Paving Company filed and approved for the West Washington street Asphalt Pavement. a5 \- President.