05/29/1917 Board of Public Works Minutes

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and to perform all work in the prosecution of said improvement under and according to the terms and conditions of Improvement Resolution No - ---_-------- adopted by the Board of Public Works-AIM171-4-Ah ...... 1917- and the plans, profile and, specifications on file in the office of the Department of Public Works, ic sai resoolfi- tion, plans, profile and specifications are made a part hereof as fully and effectuAly 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 excavations and dangerous places, and will r preca . ution to injury to any person or propert -that in the event ofany injury use all due and proper property;` that 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 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 or actions being brought against the city by reason or on account of or growin . g out of said work or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will m all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with -such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof., then any judgment rendered 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 pertaining 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 file .with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifi- cations. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the same liab ility to the city and any other person for any injury or damage 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 agreed by and between said parties that the acceptance of the work provided for in this contract, or 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 bond for the faithful performance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this 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, assignee, successor or subcontractor- and the city may reserve, out of, any allowance made on any estimate in,favor of the or outofh' ipoh:thec6n f'the', amount t6i.-"6r, --i�ii is assigns xpletion,'df the work, so - gns,: much as =mayse weesary to pay all labors.or=material'men for amounts' due them for work done or matenals u ea �o furms ed t� 1 eutsed `i_n the:performance of -this contract and'the"doing of said woxk; andthe county treas-- urer,acting 0