01/16/1917 Board of Public Works Minutes

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and specifications are made a part hereof as fully and effsetually as if copied "and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and care will* -be exercised; that he will properly guard and protect all e1cav6tions and dangerous plae es, and will use all due and proper,precautions to prevent injury to any person or property that in the event of any injury or damage resulting from the work or resulting from any matter or thing connected therewith or arising therefrom, to a per son or property, he will pay and liquidate the same at his own expense, and .assume the liability therefor; and in the event of any. claim or claims being made or .any action being brought against e Z-ity .by reason. or on account -of, or growing out of .said work or its constructioC)nthe said contractor will at. his own expense defend the same, and will pay any judgements recovered therein, ;and will in all respects 'fully indemnify add save harmless said City, its officers agents. or representatives from all cost, expense, payment or juft ement reocvered in connection ith such claim or claims, action oractions. :And it within ten days after any such action is begun, the City shall notify the contractor of the pendency thereof;;, then any judgement rendered.against the City is begun, the City shall notify, the contractor of the pendency thereof, then, any judgement tend- ered against the city shall be conclusive against the contractor and, against the surety on his construction bond, as to the amount, liability and other matters Pertainng thereto. And the contractor agrees to maintain said improvement and -make such repairs as may be necessary for the period and. in the manner as fixed by the specifications, and to secure the maintenance -and repair thereof to f ile' with -the Board of Public Works a bond with sufficient surety thereon and in an amount as.. f ixed by the.: spec if icat ions. And in, do ing such repair work the contractor and the surety on his guarantee bond; shall ba subject to the. same liability to the cityland any other person for any.injury or damage to any person or property the same manner„ and to . the same. extent as is fixed in the last preceding paragraph covering the construction work, And it. is further agreed by and between said parties that the acceptance of the work provided for in this contract, or for the payment thereof, shall not constitute• a waiver on the part -of the City of any of the provisions of this contract, nor shall. it release said contractor or the sureties on his bands for the faithful performance thereof; nor shall the acceptance be prima fatit evidence of the performance of any provision of this contract., except to the extent of sukai entitling the contractor to the contract price thereof. The contractor agrees_ to pay for all labor and material used Yna 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 agents, assignee, successor or subcontractor; and the City may reserve As out of any allowance made on any estimate in favor of the contractor or his assigns, or out of the amount dine him or his - assigns upon the completion of the work, so much as may be°necessary 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 doing'of said work, and the county Treasurer, acting. as City Treasurer, may retain money collected from property owners assessed for said improvement to pay such debts or until the contractor shows that they have been paid or satisfied. The contractor agrees to remove all rubbish, earth, and unused -material in the streets or sides thereof upon the completion of the improve- ment or the repairing thereof. The work of making such improvement shall be completed according to the terms of this contract on 'or before day of 1917 unless the_ time for the completion of the -same shall be extended in waiting by the Board of Public -Works, And - it is agreed that any such ext ens ion of time, or any alteration of this contract or of the manner or method of doing such work shall in no way affect the diit ies, obligations or liabilities of the contractor or. his sureties. It is agreed that the contractor shall not assign this contract or sub -let the work or any part thereof to be done hereunder, without the written consent °of°the °Board of Public Works.