02/06/1917 Board of Public Works Minutes

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37U e y .PabA uar y_f-:Sth 1.'; . Cant iiiiicd�! and set out herein at full length. The Contractor f'utther expressly covenants and agrees that in the preose- cution of said work all ..proper skill and care will be exerc ised; that he will preoper3Z guard and protect all excavations and dangerouse places, and will use all due, and proper precaution 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 there from, to any person or property, he will pay and ltauidate to same at his own expense, and assume.the liab.iiity therefop and in the event of any claimeor claims being made or any action or actions being broughtagainstthe city by reason ear on account of er growing out of said work or its construction, the said oontracter °will at his own` ex ense defend the same; avid will pay any judgement rece ivered therein, and will in all respects fully indemnify and save harmless said City, its officers, agents or representatives from all costs expenses, payment or judgement recovered.in connection with such claim .or -claims action or actions, And if within ten days after any such action it begun, the -City shall 'notify the c ontracter � of :the pendency thereof, then any judgement rendered against the City shall bt conclusive against the contractor and against, the surety on his construction bond, as to the amount, liability and other matters pertaining 'thereto. And the contractor agrees to maintain said improvements and mast* such repairs as may be necessary for the period and in the manner as fixed by the speci-. f icat ions, anal to secure the maintenances and repair thereof to file with the Board of Pub•l is Works a bond with sufficient surety thereon and is a amount as f ixeed. by the specif. cations.. Anal'. in doing such repair work the contractor and the surety on his gdgrantee bond shall be subject to the sane l iab ilt iy to the City and any ether person for any injury eor,-damagee to any person or property in -the same manner ° and to the same extent as is fixed in the last preceding 'paragraph covering .the construction work. • And ;it' is further agreedby and between :said parties that the acceptance of the work provided` for in this. contract, or the payment there:of, shall not consti- tute a waiver on the: part of_the-City-6f :an of the provisions .of this contract, nor shall it release said contractor or the surties on his bond for the faithful performance thereof; xor:-shall the acceptance be prima facis evidence of the performs• mane of any provisions a this contract, except to the extent of entitling the contractor to the contract price thereof. The- c ontracbeer agrees • to pay.for or all labor and matey ills used or • furn ism c to be used in the making of such improvement and in the performance of this ontract whether done or furnished for him, or his agent, assigneeo, successor or sub- contractor; and the city , may reserve :kkx out of any allowance made on any estimate in favor of the contractor or his ass1gas, : or - out of the amount due his or his assigns upan 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 treasuuer, acting as City treasurer, may retain stoney collected from property, owners assessed for said improvement too 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 empletion #f the improvement ar the repairing thereof. The work of, making -such improvement shall be completed according too the terms of this,contract on or before the day of 1917 unless the time for the cemp.letion eof the same shall be extended in writing by the. Board of Public Works. And it is agreed that any such extension of time, or any alteration of this contract or #f i manner or method of doing such work shall in no way affect the duties, obl igat ions 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, tithout the written consent of the Board of Public Works. - • �ht °is further •agreed and stipulated that the contractor shall give to residents *of said -city °and county preference in the employment °of all labor -nec- essary in'the performance of this contract, and failing to do so, shall forfdit to the City the sum of ten dollars for each failure to observe this stipulation, And upon the performance of all the terms and cond it ions of this con- tract, and things to be done and performened by,said contractor the said city agrees to cause the cost of doing such work to be assessed, collected and paid to said contractor' in the manner fixed by the statute governing the making of -such improvements. a