08/28/1917 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. 544 adopted by -the Beard of Public Works July 3rd.1917 and the plans, and spec if icaltions - on file in the office of the Department of Public Works..which said resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agree3 that in the prosceution of said work all proper skill and care will be exercised; that he will properly guard and protect a1a excavations and dangerous places, and will use all due and proper precaution to prevent injury to any person or property; that in the extent of any injury or damage resulting groin the work or resulting from any matter -or thing connected therewith -or arising therefrom, 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 an account of or growing out of said work oriJts construction, the said contractor will at his own expense defend the same,'and will pay any judgement recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgement 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 pendeneIy.thereof, then any judgement rendered against the City shallbe construction bond, as to the amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said UmproVement, and make such. 'repairs d as may be necessary for the per ioand in the manner as fixed by the speficiations, and to secure the maintenance and repair thereof to file with the Board of Public Works a bond with sufficient surety thereon acid in an amount as. fixed by the spf is iat ions. And in dodgg such repair work the contractor and the surety on his guarantee bond shall be subject to the same liability to the city and any other person for any injury or damage to any person or pro- perty 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 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 agents, assignees, successor or subcontractor; and the City may reserve out of any allowance made on any estimate in favor of the contractor or his assigns, or out of the amount due him or his assigns upon the completion of then work, so must as may he necessary�to pay all laborers.or material men to 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 materials in the street or sides thereof upon the completion of the improvement or the repairing thereof %he work of making such improvement shall be completed accordigg to the terms of this contract on or before the 28th. day of November 1917 unless the time for the completion of the same shall be extended 3n wtiting by the Beard of Public Works. And it is agreed that any such extension of time, or any alteration of this contract or of the manner or method of doing such work shall in wo way affect the duties, obligations or li- abilities of the c ontrac tot or his sureties. It is agreed th :t the contractor shall not assign this contract, or sublet the work or any part thereof to be done hereunder without the written consent of the Board of Public Works. It is further agreed &nd stipulated that the contractor shall give to resi- dents 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 t7gde stipulation. And upon the performance of all terms and conditions of this contract, and th to be done and performed by said contractor the said City agrees to .cause the cost of doing saah work to be assessed, collected acid paid to said contractor in the manner fixed by the statute governing the making of such improvements. To each of the conditions and stipulations of this contract, including all and singular the prov is ions and terms of the plans, profile, sp of is iat ions, and resolution aforesaid_, the undersigned binds himself or itself, and the respective successor or assigns of such parties.