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HomeMy WebLinkAboutContract 19 0 0,u CONTRACT. 01 ETAV CONTRACT If CITY OF...F .. rz` ...... ................................... o. STATE OF TEXAS. } made and entered into this. ..... 0 d; . ...da of.. .� . ...V. . s '. ...f THIS AGREEMENT, J ;....... y �........ in the year One Thousand, Nine Hundred and.....�.. f' `' ' :i................................................, by and between the Ci-Ty of ,` 600�f�cmmiis:�n�r f . rf�......::..................... TEXAS, party of the fire part, acting through its Mayor and and ..................Q ZZ., h, !............................................................................................................................................................................................................ .............................................................................................................................................................................................................party'of the second part WITNESSETH; That the parties to these presents, each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby covenant, undertake, promise and agree; the parties of the first part for themselves and their successors, and the party of the second part for..AlIV.F41.6.. ...... ............................................and for....... 71/ ........................................heirs, executors, administrators and assigns, as follows: to-wit: That wherever, in this agreement, or in the specifications, notice and form of proposal hereto attached the word"City,'7 or the phrase "City of...... .............................," is used, the same shall,mean the party of the first part; and whenever the phrase 'party of the second part," or "parties of the second part," or the word "Contractor," or the pronoun in place of either of them is used, it shall refer to the party or parties of the second part, and whenever the word ''Engineer" is used, it shall refer to and shall mean the Chief Engineer in charge of the work, either acting directly or through any assistants or inspectors limited to the special duties entrusted to them. And the said parfX.........of the second part hereby covenants and agrees to furnish at.....A../5.......................own cost and expense, all materials and perform all the labor necessary to... .LGFLf 7147.. er..zy.....Ar� ...�,f./l�rirz... S.zzzr,f7L; X. �c ..//,zV...oz`,11aarf1n ...... .......... ........... ..................... ............. ...........................................................---......... ............................................................. ........................................................................................................................................................................................................................................................................ . ................................................................................................ i ... ........................................................................ .. .........--------...........-----------............------.........------.................................................------------.............................. .......................................................................................................................................................................................................----------......�� .... The construction of the aforesaid work, shall be, in all respects, according to the spec' cations, �— se. vrZ rZ 9 e_,r�2-1 i whic� spe fications it itt ereb in uaIly agre ci shall be a part of this contract. i It is also understood and agreed by the parties hereto that the work herein contracted for shall be done under the im mediate supervision, direction and inspection of the Engineer, either acting directly or through any assistant or inspector under him. The whole to be done in strict conformity to the plans, drawings, specifications and such explanatory directions as the aforesaid Engineer shall give from time to time, under this contract. i To prevent all disputes and litigation, it is further agreed by and between the parties hereto, that the said Engineer shall in all cases determine the amount and quality of the several kinds of work which are to be paid for under this contract, and that he shall decide all questions which may arise in relation to said work and the construction thereof, and to the fulfillment of this contract. And in case any question shall arise between the parties hereto, touching this contract or specifications, such estimates and such decisions by said Engineer shall be a condition precedent to the right of the party of the second part to receive or recover any money under this agreement from said first party. The plans and specifications are intended to be explanatory of each other, but should any discrepancy appear, the explanation of the Engineer eball be final and binding upon both parties hereto, and all directions and explanations required, necessary to complete any'of the provisions of the'speci em due offect,' will be given by said Engineer, and shall be obeyed by said contractor. 7OFFICIALRECORDCRETARY TEXTEX. i And the party of the second part hereby agrees to receive, and the party of t6 first part hereby agrees to pay,'subject to conditions hereinafter contained, in full'compensation for furnishing'all the'materials and labor, and performing and completing all the work which is necessary or proper to be furnished or performed, in,order to complete the entire work in this contract described and shown,""except for such extra work as may .i be required under written orders as hereinafter specified, the following prices and rates, to-wit: ........................................................................................................................................................................................................................................................................ l on.................. er......c��/�4.. err. ,......Ff."..fv. /�f.c.. f� ..... `.. ......................................... ............................................................ .e..... ol/rr.ar��%�i'jr�`. / ,2G'.... �'CJ112 ..................flt.U7�71 !' / ..5 d�l�rlr.e. oQT..1...... E!�...G�h ..G... l..U ,( D .............:..........................................................................................................................................................................................................................I.............................. ............... ......_................................................................................---.......-----.................... . . .. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ............................................................................................................................... ..................................................................................._.......... .. ............................................................................................................I...................... . ....................................................................................... .................I................ And the said party of the second part hereby agrees to commence the work herein required to be done within...... ...................days after signing this contract, and that the same shall progress in such order as the Engineer may direct, and that the whole of said work shall be fully completed and performed on or before the rf�z.......day of...... 7 .. .............................A.D. 190..k.... And the party of the second part hereby further agrees and promises that the said work shall be done under second party's immediate supervision and superintendence, and not by a sub-contract or by sub- contractors, except by the written consent of the City of....... ......................., through the Engineer. It is mutually agreed that the City shall have the right to postpone the commencement of, or at any time to suspend or delay the prosecution of the whole or any part of the work herein contracted for if said City is hampered by reason of delay in obtaining right of way, or by restraints of courts, or similar matters, and in all such cases of delay the party of the second part shall be granted so much additional time wherein to com- plete such delayed or suspended work as the Engineer shall certify in writing to be just. The party of the second part hereby ageees to submit to all such delays or suspensions, and further agrees that he will make no claim for compensation or for damages on account of such delays or suspensions, -other than such extension as the Engineer may certify in writing to be just. Neither an extension of time for any reason beyond that fixed herein for the completion of the work, or the doing or acceptance of any part thereof, shall be deemed a waiver by the party of the first part of the right to abrogate this contract for abandonment, delay ar other reasons herein elsewhere provided. And the said party of the second part further agrees to brace and shore up all excavations in such man- ner as to protect any persons employed on the work from danger of caving earth, and to take other usual pre- cautions to prevent injury to life or limb of those employed on the work. And the said party of the second part further agrees to take all necessary precautions, during.the life of this contract, to,erect and maintain rail- ings, guards and lights at night, in order to prevent accident either to live stock or persons, and to indemnity and save harmless the said party of the first part from all damages and costs to which the said party of the first part may be put by reason of injury to person or property of another resulting from any negligence or carelessness in the performance of the work, or in guarding the same, or from any improper materials, tools or appliances used in its construction, or by or on account of any act or omission of the party of the second part, or any of the agents or employes thereof; and the said party of the second part hereby further agrees that the whole or so much thereof of the money due under and by virtue of this agreement as may be considered neces- sary by the party of the first part, shall or may be retained by said party of the first part until all suits or claims for damages as aforesaid have been settled, and evidences to that effect furnished to the satisfaction of said party of the first part. Second party further agrees to employ and use local labor as far as practicable in construction, but may bring in mechanics and foremen.specially skilled in this line of work. The said party of the second part further agrees that if the work to be done under this agreement shall be abandoned by him, or if this contract or any of the moneys payable under the same shall be assigned by him without the written consent of the parties of the first part, or if at any time the Engineer shall be of the opinion, and shall so certify in writing, that the said work, or any part thereof, is unnecessarily delayed, so that the rate of progress is not such as.to assure its completio i within the time specified, or that the contractor is vio- lating any of the conditions or covenants of this contract, or is executing said contract in bad faith, the party -of the first part shall have the power to notify the contractor to discontinue all the work, or any part thereof, under this contract; and thereupon the contractor shall discontinue said work and cease to have possession of the ground or any part thereof, as the City may designate, and said City may thereupon employ such force of men, and use such material and tools as may be upon the work, or procure such other material or tools, by contract or otherwise, as said City may deem necessary to complete the work, and charge the expense of such labor, materials and tools to said contractor, and the expense so charged shall be deducted and paid by the party of the first part out of such moneys as may be due, or hat may thereafter at any time become due,to the contractor under and by virtue of this agreement. And in case such expense is less than the sum which would s. have been payable under this contract, if the same had been completed by the contractor, then said contractor shall be entitled to receive the difference; and in case such expense is greater than the sum which would have been,payable under this contract, if the same had been completed by said contractor, then the party of the second part and his bondsmen shall pay the amount of such excess to the party of the first part, on notice from the City of the excess so due. The party of the first part, however, reserves the right and option in lieu of the exercise of the power hereinbefore given, in case of the contractor's default, to employ forces, purchase tools and materials and com- plete the work; to instead thereof annul and cancel this contract, and re-let the work or any part thereof, and the said contractor shall not be entitled to any claim for damages on account of such annulment, nor shall such annulment affect the right of the party of the first part to recover damages which may arise from such failure on the part of the said contractor to fulfill the terms of his contract. And the party of the second part hereby further agrees that if on account of any restraining litigation or legal proceedings against the party of the first part, or on account of lack of funds to carry on the work, or if for any other reason it may appear to said City to be necessary or for the interest of the City of.......Z.::a:_r.1......Alal.-a..........................to suspend work entirely, and to cancel this contract wholly and completely, then the said City shall have the power to at any time cancel this contract wholly and completely, although the contractor may not be in default, and the party of the second part hereby specially agrees that such cancellation, if done, shall not entitle him to any claim for damages, or for prospective profits on any work remaining to be done; but if the contractor be not in default, he shall be paid in full for all work done, and for all materials delivered in accordance with this contract, up to the time of notice of such cancellation,and thereupon shall be released from all obligations hereunder for the completion of this contract. And it is further agreed by the party of the second part that satisfactory evidencek shall be. furnished to the City showing that all persons who have done work or furnished materials for work to be done under this contract, and who may have any valid claim therefor against the City of.....I/! ..�7�pl,T��.....................: } under the laws of the State of Texas, have been fully paid or satisfactorily secured. And in case-suoh evidence''", , is not furnished as aforesaid, such amount as the said party of the first part may consider necessary to satisfy t the claims of the persons aforesaid may be retained from any moneys due said party of the second dart:,under this agreement, until such claims shall be fully discharged or satisfactorily secured. And if such evidence is.. not furnished before the final payment under this contract falls due, then said City may pay.,any such, -claims and charge the amount thus paid to the said contractor, who shall accept the same as payment to the amount thereof upon this contract. No claim for extra work shall be made unless the same shall be done in pursuance of a written order of the Engineer, and all such claims for extra work shall be presented before the final estimate falls due, otherwise they will be considered as abandoned. And His further mutually agreed between the parties hereto that the Engineer shall, on or shortly after the first.....�,z�?��eyr.7,i..............................day of each month in which any work has been done, make an estimate in writing of the amount and value of the work done and materials delivered to be used in the work, provided, however, that all materials thus estimated shall be in .strict compliance with the terms of this contract. Each of such estimates shall be of the.full amount and value of materials delivered from the signing of this contract up to that particular date on which the estimate is made. Within ten days after the making of such estimate by the Engineer, the full amount thereof less....f%f fes .........................per cent., which shall be retained by the first party until the completion of the whole work, and further, less, and deducting.the,amount of all previous pay- ments under this contract, and further, less, and deducting such sum or sums as may be otherwise retained as provided herein, shall be paid to the contractor. Such partial estimates shall not be required to be exact, but shall be approximate only. And the parties of the second part hereby further agree that time is of the essence of this contract, and that the party of the first part shall be and hereby is her to deduct and retain out of any moneys due or that may become due to the said parties of the second part.under this agreement the sum of...................................................................................................dollars per day, as stipulated and liquidated damages for each and every day the aforesaid work shall be incomplete and undelivered over and beyond the time herein stipulated for its completion. And whenever, in the opinion of the Engineer, the party of the second part shall have completely performed his part of this contract, then the said Engineer shall so certify to the City in writing, and in his certificate shall.state from actual measurements the amounts and value of work done under this con- tract,; then and thereupon the City shall accept finally the work done by the contractor, and within......................... days thereafter the said City shall pay to the party of the second part the full amount of the Engineer's final estimate after deducting all sums of money theretofore paid to the said party of the second part under this agreement, and such sum or sums of money as said City is herein authorized to retain. And the said party of the second part further agrees not to demand, and that he shall not be entitled to 'receive, payment for the aforesaid work,or any part thereof except in the manner set forth in this agreement; nor.unless each and every oP the promises, agreements, terms and stipulations, herein contained, shall have been performed, kept, observed and faithfully carried out on his part, and the said Engineer shall 'have given ?his.certificate,and the City shall have accepted the work. BoA,�a G`oi�irJio�ers IN WITNESS Wau,Pmor, the said party of the first part{, acting through its has caused to be set hereunto the signature of its Mayor, attested by its City Secretary, an�,dIhas caused the seal of the City-to be hereto affixed, and the said party .......;of the second part ha� ' ................aet. hand and,seal the day and year first_above written. _ CC,-If .% r F Mayor. Attest: . ..: ... ...i:.............................t..............ary.._ ...................................................... ............................................. ...... City Secretary. i\b ORC19 RECORD CL S. CIT SECRETARY FT. WORTH, TEI i 1 BOND. Know all Men by these Presents, Jr� r`That we, .......... ....... ...1.... ...................................................of,... i ... ...............- ����. FIDELITYI`�D DF POS OS7T CO. 0F N1 R�? ,AND.......of ........ ... .%................. .. '7.:..../����L.....:.. 0 .......... .of......... ............................................................ .... ................................................... ..................... ....... ......... ................................................................. . .. ..... e,held a d firmly bound unto the City of.:fm�....'�' ..........� ............. Texas, in the sum of.......................... ........... �.. . .. ......` :.................................. ......................................... .......... .. ....... .... .... .DOLLARS' lawful money of the United States of America, to be paid to the,said City of ................or its lawful attorney,,successors or assigns, for which payment well and truly to be made, we bind ourselves and our several and respective heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals the........11.� .. ay of.... � � '> 1 Ukl.:��.��.... ........19..0.... 1. �.Whereas, the above bounden. .... ... ................... .................................................................................... by an instrument of writ ng under their hands and seals, bearing even date herewith, have contracted with the ^ pl r 19 _ Ci of.. e1 t f�1 .�.�r1 , Texas, to........� /�.f�tl(i Jl 't .......... . t. ....... °'1 : .. •. ... ..... ...... called for by said agreement, on the conditions and for the considerations in the annexed and preceding con- tract mentioned, and according to specifications contained in and annexed to said contract and forming a part of the same, r Now, therefore; the conditions of this obligation are such that if the said........�.n................. ....... . �;........ ..... ...... ......... ......... .......: ......... ......... ............................. ........,shall well and truly and in a good,' sufficient and workmanlike manner perform the said contract, and each and every'provision therein contained, on.......` ........ part to be done and performed, and complete the same in accordance with the terms and provisions therein stipulated, and in each"and•every"-r-aspect:-comply with"the conditions therein eontaiued,..then•this obligation to be void; otherwise to remain in full force and effect. SIGNED AND SEALED IN PRESENCE Or a';;•••• • .. ................ � C �7Y& b 3'a CO.-of.�l 1 !� ��9 f ......... 51 .................................... ......... ... ....... ........ ....................... ' . .. ................ Attorney in Pact ATTEST: ' /1 t l ` n • ,. to w.=ry _ _..