07/10/1923 Board of Public Works Minutes

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Tuesday July 10th.1, 1923. Continued., oTment under and actor to the ierms and ova. di�4 to 1)erform all work in the prasecutl6a of i�km ditions of B ioniko.. 117 of �Alic Worit ad*f fed by1he Board and t1fte plans, profile and specifications on file in tube iDMCe of the Department ,-Df,,PASC Works, at resolution, plans, pw'fife and specificAtion-s areina*e a part hereof as fully- andeffectually as it copied and set out herein at full length The contractor ftirtber.exp-ressly covenants and agrees that in'th - e prosecution t)f said work all proper. skill and care -ill be ikercised': 4th-.t he prop,:`y 1?,,3 p,.,ot all excavations and dangerous places, nto prtvn it U in file, event 01- and ivi'l use 0! due 01-Cl proffer precw-itio, r1r_Y person or Fron2rtv; that 2,131Y injury or damageresttl+ing ir-am the res,,-.l4'fror vr,�itier or thing- �connted th%rewitfi or -arl'sing therefrom, to any person or property; he v-41 pay ar.A .. iqui I- date the same at his, own expense, and as- anv action . on or actions bm�;, sume the liability therefor; aril in In being made or n e event of any cla. m or claims brought against the city J)y reason'or on amount - of or growing out of s-7'd work or its construction. sail contractor will at his own expense defend the same, and will pay any judgment recovered therein, and wi`l in all respects fully indemnify and save harmlesssaid6ty, its officers, agents or representatives from all cost, - -xpense,p payment or judgment recovered in connection with such claim or claimi, action or actions. And J within teat days after any such action is begun of the Pendenev Cher of, -, the city shall notify the contractor tbea auy judgment rendered against the city shall be conclusive against the contractor and against the sureti, sit his construetton bond, as to the amount, —liability and other matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as.,may be necemar ibe�perlod And in the manner as fixed by the sp t far rci fi cations, and to secure the maintenance and :repair- fiereof tQ Me With the Board of 'Public Works a bond with suffidient surety theteon and in an aMOU"t as Ue4 speafficalffons, And in - doing such repair work the contractor and the hy,the surety oil his guarantewbond shalt be 40JOCt to the same liability to the city and any 6ther person for any; J niury Or da mage to any person or prop - arty in the same manner and to the same. extent as is fixed in the last' preceding. paragraph covering the' con- struction work. And it is further agreed by and between said part—s that the acceptance of the work provided for in this enntract, or the payment -thereof, shall not constitute a waiver on the part of the city of any of the provis- iolla, of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform- ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this o contract except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the making of such Improvement and in the performance of this contract, whether done or furnished for him or his agent, a0fsipee, successor or Subcontractor; and the city tnay reserve out of any allowance made o? any estimate in favorof the contractor or 17,- assigns, or out of the amount due him or his assigns upon the completion of the work, so rnuct, as Ma) -cessary to pay all laborers or material men for amounts due them for work done or materials used or furnished to be. used in the performance of this contract and the doin of vaid work, and the county treasurer, acting as city treasurer, 2211a t . 9 re ain money Colleted f rom, property ,owners assessed for Said• improvement to pay such debts or until Ic contractor shows that they have been vaid,ew satisfied A e co'; L -a -e-- to rewo- , all rub:)ish, earth. and unused material in the Streets ae side*, thereof upon the compfeeiorr Of, t4l,e- improvement or the repairing thereof. The work. of making. such improvement shall be completed according to the terms of this contract on or 'before, ........ ................ _._-.__._dav of--' --------------------- --------------------------- r . ....... . . 19........... unless the time for the completion of the same shall be extended in writiT-,g by the Board of Public Works, *nd itis agreed that any such extension of time, or any alteration of +hii contract or of the manner or meth- od of doing such work shall in no way affect the duties, obligations or'liabilides of the Contractor or his sure- ties. It.is agreecl that the contractor shall not P.ssign this c., 1., tract. or stab -let the work or any part thereof to be done hereunder, without the written --ons,--nt of the Board o+ R-blic Works. It is further agreed and stipula±ed that 1,14e contractor shall give to residents of said city and county preference in the employment of all labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this contract, and things to be done and V-rfornied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- cted and -paid -to said contractorin.the manner fixed by the statute governing the making of such improve - To each of thq conditions and stipulations of this contract, including all and singular the provisions and lemis of the plans, profile,- specifications, and resolution aforesaid, the undcrggned -binds himself or itself and the r**ptctive successor or !1`5 assig pf suchpartle%. �, In Testimony Whereof,, We, the foregoing named parties, hereunto set our hands this 6th. day of July 1923. L. B. SLAUGHTER BOARD OF PUBLIC WORKS L. P. HARDY ALBERT F. HONER Attested: - Veronica C, Sweeney Clerk of the Board. CONSTRUCTION BOND 1`_ J t t ly &z! preheats. That of the Coti.rity State of. nd _ia--- M ............ I _ I ------- ------------- -._---,-_" ON p- rino Am pal, and ------------ of the County of. New York ------- .;,--.and State L ----- - ----- - ------------------------------------------- gg as sureties, are held and firmly hound to the City of Sr South Btud, Indians, in th# S14M 0- TJ2 ---- - --------- sixty one ------- ____,. ------------------------ ($361.00 for the payment of which, well and truly to he spade, we jointly and 06vanny bind par-381TSh aw ba;r#, ,executors, adminstrators and assigns, firmly by these, presen ts The conditions of the obligation are such that if tht above 21SM-A - ------------tA�th-u4�x compiY wait tilt ioregoing --- --------- __ ,.._....___:_..waif _____ . .... S"4414 cos c made and entered into ------ - - dav c)-1 - ----- --- -- --------- ------------------ t �j�jjj ndian- ani with the City of South Berld, according to the true intent -;-- ncl rqc:,._r - Lh -of, I f Ci tbis oblikiftion to beva4, &hleiwlse rtn,,� in eity shMi 6ii6fiA the HiM 181 Ilia to be and remain in fall force and viI In thO tVe-:,, the sal completion of said -work, such extension shall not in aAX tray release 'he su'65ii6§ 6h his b6iia. This shall be a construction bond, and the sureti(119 on thg §dffid §61i - - - - lid f"b6AAt ibi maintenance and repair of the improvernent after it aas bt - .- - d'6-- the w6fid P.&HY; biii gaE . guialla t fen afte-pte 7 with all othdr ebftM1&zi§, it! i6fi§ and iiOuiiiiRiniW 'held responsible ible for the faithful compliance movered 1;y at set out iu &C contract.