|
8,5,,
<br />T„v,o 3/.+.1n 3c21 rAtn+imii-A`
<br />And t e contractor agrees to maintain said impro-vement and make such ro irtk, &a toffy b� u�� `ssary
<br />tits sale# a d in the manner. as fixed by the soecif cations, and. to secure iiie ma'intenaugo d ft sir th rggti
<br />to l e with tlt 13oard bf Public Works sr bond with sufficient surety th�reon and iu Ap A durll A;'fixed by the
<br />q@oification rsd in doing such repaii wore he contractor and the ty on his Ruararan bond shy b
<br />subject to the sa . e liability to the ' y and any -her person for any'njor damage. to any per�,°n � prop=
<br />erty lst the same nner and tot same extent a is fixed in the last$ pfectding paragraph covcrin a soh=
<br />struction work.
<br />And it is further greed y and between said 1 rt 2s that th acceptanee�f the work rbvid for in WR
<br />contract, or the payni t er�,of, shall not consti to a waiver on the part the city of ally f tltc provis=
<br />ions of this contract, no shall it rzlea.,a said cc i ra or or 1e sureties on his nd for the; i',aithful performer
<br />Alice thereof; nor sha t - acceptance be prima fad' idence of the performs ce of imy"provision at ihis
<br />contract, except to a exte t of entitling the contrac r to the contract price the efbt. �'
<br />The contract® ,Agree's to ay for all labor and to 'als used or furnished to Ned In the mak-irlg of
<br />such im�rortenta and in the . rfearmance of this ntract, whether done or fur nis fdr' hint, or his Agent;
<br />Assignee, �ucce sot' or subcontr tor; and the ci may res rye out of any allow ce. ads on any estimat e
<br />in favor of th contractor or t�:, signs, or oU of the amo t due him or his assigns post the completion
<br />of the work, s much as mat ssary to pay all laborers r materiat men for am nO due them for
<br />work done at Riaterials used :�r fur 'shed to be used in the gerformanee of this contract and the doing of
<br />said work, aftd the Wunty treasurer, acting as city treasurer, may retain money collf vtdd from property
<br />owners assessed for said improvement to pay such debts or wail the contractor t':osrs that they have be
<br />phtd or satisfied
<br />The,contra^tor agrees to remo--y all rubbish, earth and unused material in the streets or sides t.'tnrcot
<br />Upon the completion of the impro+"emcnt or the repairing thereof.
<br />The work ® -�eking such, m" provement shall be gnmoleted according to the terms of th ✓ is contract on or
<br />J Wore the ................ s'; ay of -------.....-.... _... ....... ....�..," 19..........,
<br />Unless the time for .....c® plet on of •th •sar e sh.allbe ,e tended in writi erg y e Board of Pub''c Works,
<br />And it is agreed that a, such extension tznnq,- or any al ration of thyy's writ,
<br />of the manne or meth-
<br />od of doing such wor s 11 in no way affe the duties, oblig tions gr1ia.bilities of thikcontractor pr is sure-
<br />0 is hares# ths<� the co . rector shall dot a. ign this +acx,"\or sub -let the 'work ny'part th eof to
<br />be done herlun °r, withol- t ✓rit.oi'%co-_b �nt of the F. r�;'af hlic Works.
<br />It is fltrth agreed and s la-..,d t11.1t 'o� contractor halt oi• to residents o paid it and c_ ttt
<br />preference i he emplrjyrr ;nt o a'�or iecessar is th p rforr�an. of t.iis contr t, and ling to d s
<br />$hall forfei to the city the sumo dollars for sac all+are to obser this soop lation.
<br />And on the performance ai a terms andcor: itions of this co_ trapt, and things to be one an
<br />pperform by said contractor a said agrees tg,, cause he cost of doin 'such work to be assess" col-
<br />lected d paid to said contractor in the aria er fixed by the tute gover�ng a making of such impr . ve-
<br />i�teast$ f
<br />To each of the conditions and stipulations crf this contract, including all and singular the' provisions and
<br />tsar is of the plans, profile, specification,, and resolution aforesaid, the undersigned binds himself or itself:,
<br />tkrrl V..; rz.:pective successor or assigns of such rarties.
<br />Afid 0 parf®rin all work in the .proseccutic, . of said r , l K .
<br />41ti0fis of Improvement Resolsstian No. .._,.. _JS5_q _, adopted by the -ard of Public ,March 2 1921.
<br />�
<br />Afid the plants, profile and specifications -on file in the office of the Depa, tment of Public Works, wbieh aa$
<br />f'as0lution, plans, rofile and specifications are made a part hereof as fully and effectually as if copisad and
<br />sat otlt herein at full length,
<br />`Pit@ contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />shill and care will be exercised; th:t he • -''t r-o�+er'-r _..,___ 4._J F_.,. ,t all excavations and dangerous place$
<br />and -rill use all due and proper pravatltion to prz vw �t ir.i,;ry *o :ry person or 1;-n-!r•y; that in the event
<br />an F injury or dAstts.e resulting frcm the w-r': or rep ii'. �a from �-y matter or thins canner,±Fd thet'ewi'tft or
<br />err $lnf ther@froth, to any person or property, he 1-!,11 n�v ar•-i Lr-'.idate the same at tis own expense, and Asa
<br />sum@ he liability therefor; and in the event of any claim or claims being made or any action or actions being
<br />brotight against the city -by reason or on account of or growing out of s=_id work or its construction, -the sal
<br />contractor will at his oven expense defend the same, and will pay any judgment recovered therein, and will In
<br />all r@9p@et® fully inderanify and save harmless said city, its officers, agents or representatives from all cast
<br />0pmo @lt®@, pa nt el' judgment recovered in connection with such claim or claims, action or actions, And
<br />within t @n says afitc- hn-yswzh action is begun, the -city shall notify the contractor of the pendency thereof,
<br />th It rmy jttdgcat it . -ainst the city shall be conch?sive against the contractor and against the surety
<br />c ist rssctl�_� l :3, . tc th- ame--rit, liability and other matters pertaining thereto,
<br />- r
<br />And the coistracter agrees to mmamtam said na +,g etAt and make s5vch r iff. Ws %;i y be. peters. ry tot
<br />the and in the martner°as Ezell by the S�Ck mt.io t, � tt3. an,& %mqr% i'he �.titit. qIA %aptMA,
<br />t® A�h base Board of Public Works a bond with su cierA "oXftV ttkty ram @,hd. hA Ah @.�i@�l Qspecifications, And in doing such repair work the mritraetor aatid th t sttttety fA his OMV,%to%h g
<br />tubf ect to the sar_•.e liability to the city and any, other person for a injttey or dais;t0 e#
<br />erty in the same manner and to the same extent as is fixed in the last pace -dingy l_
<br />struction work.
<br />And it is further agreed by and between said cart' that the acceptanee of the wtirk POuiIn All
<br />contract, or the payment thcrzof, shall not constitute a waiver on the part of th@' ehy ®tali it the 164f6�
<br />Ions of this contract, nor shall it release said contractor or the sureties oft hig bend f®P the th tit pef o a
<br />wic@ thereof; nor shall the acceptance be prima facie evidence of the pl ribrtt anti@ of any prt viiidit 131 the
<br />contract, except to the extent of entitling the contractor to the contract price therefor,
<br />The contractor agrees to pay for all labor and materials used or furnished to be used lli the InAl of
<br />'such Improvement and in the performance of this contract, whether done or fartil#hed for hiftii ffP h r eiftl
<br />Assignee, successor or subcontractor; and the city may reserve out of any 611(iWotice Made (Jii dfiy flit hi t0
<br />in favor of the contractor or I,;- assigns, or out of the amount due him of hi$ Joilpf Updfl thtr #� p e f"t
<br />of the work, so whch as mat. ' ,-cessary "to pdy all Yabofers' ar' ffihtit;rlat' Sl@tf for Amounts tie the fi for
<br />work done or materials used or furnished to be used in the performance of this contract ang tits do ill! off
<br />said work, and the. county treasurer, acting as city treasurer, may retails money #olitated front property
<br />owners Assessed fbr said innproVetrtent to pay such debts or•usttli the -contractor show# brill$ they filive bask
<br />{laid or satisfied
<br />
|