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<br />band-tperform all work in the pretsecution,of 044 ove_n9S vam&rawd *Mpftg a�
<br />ditions bf Improvement *e**ition No -- *depted SY dg aftrd of 1 b%c W, b••.
<br />Mid the ptatis, profile and specr%icationa on fife :-� ttte pfCice. the #3epa�ttaent of Public i�l�o cfi' sattl
<br />resolution, plans, profile atiot specifications a#e made a part hereof at fak and effectually ,as it Copied: and
<br />set out herein at full length.
<br />The contractor further expresAy covenants and agrees that in, the prosecution of said. work e� -
<br />Skill and -ease rill be exercised; tii t he • ''t prcm -- 3 f_ act all excavations a.nd dangerous places,
<br />and w0l use all due and proper pre antio i to pr V_'t lulu-y.t� .ry person or psonerty; that in the event p,L
<br />any injury or damage resulting from the w�ir', or result -- from A-v tratfer or thin cvnnectP4 therewith or
<br />artstng therefrom, to any Berson or property, he t- Ali ray aril Ii� .idate fifearpe at his own _expense, aid as-
<br />sume the liability therefor ; and in the event of any clam or c ins being made or any action or actions being
<br />brought against the city by reason or on account of or- giovnng:rruut of s- d vv*xk or its Construction, the said
<br />contractor will at his own expense defend the same,. au roll pay any judgment recovered therein} and will in
<br />all respects fully indemnify and save harmless said cit]6,4ts ofl5cer�s, ahget}tS or tgpre�sentatives from all cost,
<br />expense, payment or judgment recovered In eonnectiorr s h.ARM OLdMiUlk fiction or actions. And if
<br />within ten days after any such action is began, the city s tall no- tify->}te contractor bf sthe,pendency thereof,
<br />thrn any judgment rendered against the city shall be conchisive agasnstJthe contractor and against the surety
<br />an hia construction. band, as to CBI. amount, liability and other uattfrs pertau iug thereto. -
<br />And the con, Tractor agrees to maintain said impprovc1raeut aw:. .aalze such repairs as may be necessary .
<br />the period and in the manner as fixed by the s»Pcifications, and to secure the tuaintenance and repair thereof
<br />to file with the Board of Public Works a bond vi;th sufficient surety thereon and in an amount as fixed by ,he
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the saiae liability to the city and any other person for any injury, or, damage to any person or prop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />And it is further agreed by and between said p*r6cs that the acceptance of the work provided for in this
<br />contract, or the payment thereof, $Ndl not constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform-
<br />ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />contract, 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 leaking of
<br />such improvement and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor;' and the city may reserve out of any allowance made on any estimate
<br />in favor of the contractor or I- assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as ma; . cessary to pay all laborers or materlai ven for Amounts due them for
<br />work done or materials used or furnished .to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, mar retain monty eolle%ted frem property
<br />owners assessed for said improvement to pay, such debts or uxn;l the contractor #bows that they UY4 been
<br />paid or satisfied
<br />�„ �s to remo• all rrtbbish, earth -and unused material in the streets 0r sides thered
<br />gpon. the completion ofythe improvemctA or the repairing 'ther-tof-
<br />The work of makrng s+ich improvement shall be completed according to the terris of this eontraet OR Of
<br />beforethe--- ------- _ __,-_- -—---- ------ -- —dav of - - •--- -- •......�.._._....................--:�y !9 ....-4
<br />unless, the time for the completion of the sar-e shall be ex*ended in writi:'g by the -Board Of rubric Works.
<br />Acid it is:_agreed, that any such.-e`eten�ion-of time, or ary afters.`ion'of this erntract or of the manner or tneth
<br />od of doing such work shall ih no wavy affect the duties, obligations or liabilities'of the contractor or his sure:
<br />ties.
<br />It is agreed that the contractor ehall not ?.ssign-this *sr `r�,ct, or sub -let the work or any part thereof to
<br />be done hereunder, withoet the wriV:en co:,c ant of the Bo trd of PLiblic Works.
<br />It is f+rrther agreed and stipula`ed thl t 1-3!! contractor shall give to residents of said city, and eAuittlr
<br />1�refercnce in the employment of ai_1 labor necessary in the performance of this contract, and falling to do sor
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. '
<br />And upon the performance of all the terms and conditions of this contract, and things to be don® and
<br />Uformed by said contractor the said city agrees .to cause the cost of doing such work to be assessed, C01-
<br />ted and paid to said contractor in the manner fixed by the statute governing the making of such f mprovd-
<br />ments.
<br />To each of tho Conditions and stipulations of this. contract, including all and singular the.. provision; and
<br />terms of the plans, profile, specifications and res©Iution aforesaid, the undersignex. binds hlisself or itself.
<br />and flee Y%**tiV successor or assigns,•of, such. parties..
<br />flit oYre -0 't a tgatron are suc'lr that t e..above name
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