HomeMy WebLinkAboutContract 21 Off—SEGRETAY
.RA IV
CONTRACT o
i�
STATE O`i+' TEXAS,
# KNOW ALL BY THESE PR.ESEMTS.
COUNTY O-V TARPANT, /f
fid
That T. J. Clardy & Sons, a .firm composed of T. J. Clardy,
J. B. Clardy and E. T. Clardy,; parties of the first part (herein-
after designated as Contractors) , and the City of Port Worth,party
of the second part (hereinafter designated the owner) q have this
day entered into the followings agreement; The Contractors in con-
sideration of the covenants hereinafter contained on the part of
the owner do agree with said owner as follows:
1st. The contractors will well and sufficiently perform and
furnish under the direction and to the satisfaction of -sem.
Sanguinet & Staats, Architects, (acting as agents of the said owner)
all the work inclu4ed in the building and completion of a certain,
Brick vire Hall at the south e ast corner of 12th, and North Main
Streets, in the City of Port Worth, Texas, agreeably to the drawings
and specifications made by said. Arch;itectsj signed by -the parties
I
her'eto and .Wade a part here copies of which have been delivered
to said contractors, and to the dimensions and explanations thereof
herein and therein cont,:a.ined according to the trine intent and
meaning of said drawings and specifications, and of this contract,
including all labor and materials incident thereto, and �J_�
provide'4 all scaffoling, Implements and cartage necessary :for the
due performance of said work.
2nd. If it should appear that the work hereby intended to
be done or any matters 'relative thereto are not sufficiently
detailed by said contract or in said specifications or drawings
sb.all apply to -tile Architects for such further drawings or explana-
tions as may be necessary and shall conform to the same as a
part of this contract so ffar as it may conflict with the original
drawings and specifications, and in the event of any misunderstanding
respecting the true intent of the drawings or specifications
reference shall, be made to the Architects whose decision thereon
shall be , 'final and conclusive.
It is understood and agreed that all. drawings, plans and
,specifications are to remain the property of -the Arria:�-■■ppaaeyynp• ti, `ytl�pKN�p
P 0��85Y�0nN RR�C9��14(+
3rd. I.t. any alterations The requ.fired in any o the '
IL
be done a fair valuation of the work added or omit s} L .
-2=
made by the Architects and the price herein agreed; upon shallbe
increased or dimihIihed accordingly. In case such valuation is not
agreed to by the pax-ties heretoor either of them the contractors
shall proceed with the alterations or changes upon the; vrr:itten
order of the ArclAt'ects and the valuation of the work added ` or
omitted shall be referred to three arbitrators none of whom shall
be in any way connected or interested in this contract,, to be
appointed., one by each. of the parties hereto and the third by the
two thus chosenq decision: of any two of whom shall be final and
binding each of the parties hereto shall pay one-half the expense
of such. ar1litration.
4th.. The contractors shall within 24 hours' after receiving
written notice from the Architects remove from the groundS ot' build--
down
ing all materials eonemned by them ,,ta& A 011 portions of the work
which. the Architects may condemn; and in case the contractors shall
fail or refuse to t<:;ke down or remove such condemned work or
material within the n time f the Architects may have such work taken doom
or removed and the e�qpense thereof shall be deducted from any
money which may become due to contractors either at that time or
any other subsquent time. The contr-actors agree to protect and hold
harmless the owner from any and all damages to person or property
resulting from any negligence or alleged negligence in, about or
concerning the construction of said building or from any neglected
condition of the preinises upon which said building is to be con-
structed.
5th. The contractors shall at any and all times and places
permit the Architects or any person appointed; by the Architects
to visit and inspectthe work or all parts thereof and shall pro-
vide safe and sufficient and proper fae•ilities for such <nspect(41 ,
6th. The contractors shall at once begin the construction
of said building and 1.kbeeedtwi.th every par`, detailed there in a
prompt and affil ig ent manner and shall wholly, finish and complete
the buiidi:ng; according to the drawings "� specifications on or
before the 21st, day of October 19091 1 ( provided that possession shall
be given to contractor and lines and levels of bu F R ed
1
on or before the lqthv day of July 1909) , and in c; �
�
the contractors shall pay and provide as agreed lcu��a" rys
1;
to the owner the sum of 1$?10.00 for each and every day, that such
work shall remain, unfinished s-,abqu-e t to the time fixed here nft:ft-erIt�
for finishing same.,
7th. If the contractors be delayed in the prosecution:
or completion of the work ,by the act9 neglect or default of the
owner, the Architects or of any other person or contractor employed
by the owner upon the work or by any, damage caused by fire or
other casualty for which the contractors wren in any wise responsib�
or by general strip or lockou.t, w-kt -the time for completion
of the work shall extend for a period equivalent, to the time so
lost which period shall be det,ermined and fixed by the ArchitectsJ
but no such allowance shall be made unless a claim therefor is
presented in writing to the Architects within forty-;eight hours.
8th. The contrr:cctors .shall_ not letrte-cosign or transfer
this contract, or any interest therein without the written consent
of the owner.
9th. The contractors shall make k-' °claim for addition
work, unless the same shall be in pursuance of, an order from the
Architects and notice of all ,such claims shall be made in
writing to the A.rchtects within five days of the beginning of
such additional work.
10th. The contractors agree that if they delay the pro-
gress of the work so as to damage the owner . then they shall make
good tothe owner any such damage over and above any damage herein
otherwise provided for; the amount of such. damage to be fixed and
determined by the Architects or by arbitration as is provided in
Article 3.
i
11th. The owner ef_l"ec f:
I
and work :in its own name and in the name of the contr ,,.ctors 1
against loss or damage by fire in iewich sums as may be agreed upon
between the parties- hereto,- the; policies being made to cover the
work incorporated in building and material for same in and about the
premisesand, made payable to the parties hereto as their interest
may app earl the c ontr_.ctors agreeing to pay the total cos u of such
insurance for -the time the building is in their e�r,r >r+�
01, �,
12th. Should the contractors at any time re* r eglect
to supply sufficient and proper skilled worineYz, oi: is
or fail . Ry��a, t ��.
of proper quality�in any way to iYp rly ,prosecute withlas
promptness and diligence or fail in the performance of any of the
agreements on their part herein contained . such refusal, neglect or
failure being certified ta by the Rrchitects to the owner, a-MI the
owner may after three days written notice tot'sle , contractor provide
any such labor and material and deduct the cost thereof from
any amounts then due or that may become due to the contractors
under this contr�.ct; and if the Aichitects shall. certify that
such refusal2 neglect or failure is sufficient to warrant. such action_,
the owner may- terminate the employment of the contractors for the
work herein contracted for and enter upon the premises and tc-Jce
possession of all material tliereo�_ and employ other persons to
finish the work and provide materials therefror; and in case such
discontinuance of the employment of the contractors they shall be
entitled., to receive only, tna such excess as shall be due them
Aall work and material subsquently contracted for G4.vLshall. be paid
for in full. The expense incurred by the owner tor` furnishing
materials or finishing the work and the damage ikeurred through
default on part of the conte-actors shall. be determined and
certified to by the Architects whose certificate thereof shall. be
conclusive upon the parties thereto.
13 th.
it is further agreed that the sum to be paid
bytlae owner to contractors fOr said work and material shall be
"9,,750, 00 subject, to the additions and deductions Xx hereinbefore
provided for and that such sum shall be paid as follows: Upon
;rhe completion and acceptance of said building by the Architects
and owner/, the owner obligates itself to execute in favor of the
contractors its promissory note due Tanuary 9th71910 with interest at
8/1) per annum from tjie date thereof for the above amount toget'llier
with any additional amounts for alterations and deftctiI there;rrom
any amounts Hereinbefore provided for and also adding thereto as
part of the principal of said note the amount of interest at
the rate of 8f, per annum /,three-fourths of the amount of interest
at the rate of 81$, per annum that may at . that time be due on the
amount of weelcly estimates of the work .one -to be furnished to the
parties hereto by the Architects. The said owner, -the City of Port
Worth, Texas, furtller obligates itself to pass all ordl
0
0
all things necessary and proper to' validate said , note
Agy
its payment. It is further, agreed that said owner • IR t
e t;c 1,itt f3,-%:i`ia. mote i:zn'h.. 1. talcs co-at:x,.,ictors ;3"tal l satisf#w, Vzi.e ovrner
t z?zt 1Z L:-Lbbr fs.nd mat'rial in said ;im:ilding I'Lave paid for in
.f-,ult and. th,,2t all claims of every charactt,r in conn ct:ioln viitli the
e,rection Ljf' said building +tticTt ban i ls:t"led .in full_ �%rld .Jf1e
}try+aT f`'.1.1.'ij41 y- deduct l-CC'1 `sG>41C notec.-m �`1t,1iount ,�tif�, tcienf, to
ind-ei:(Inify ;lt any- -mchl. amoun"t;;a on ;Sr1,icl
I i.idin,g or any f.3'Y?.ch +3lc: ira of an'`r And if -any
s3i1011 ilnp'o-t alt"11Ct"4i,y1'{; 0-v claim sli;''ll b{ Oi.�ts'ip•:l.i'lr'Ling o,t any t i le
bet-C ore, is"y:td nrlt; Sht7,l1_ i.:bvc been i)al d ovir r.i ma,)- deduct f;uelI
t .i.Icnant :'rclm iiount to be paid on ,-mJ d mote. Arid. s-laou d si.1cl'i
cl.c l:.fis and a'rioD,Rn'ts due be-, :in exc i-,,,-4; of 1,;7:f; fwnoi1.I1't. due on st lel I 6te
LL(�
and ror s: i.t'l work Such s"�.all. be :t,. ..' _..� 1?ti" t..''.f3 C;Ci3It I ,C itoi f] t0
f ?.e owner, prvv:icl d. »'613?,er c3j?tal. t. h,avF !)aid O?d i; flliCj'i ;:�'.'I()izT1t s
14th. Tt is r1te"I;').c?r =1.rre'E?d •t:lat 1'10 c -rt.3.:f:L'caLe a:iVen
and no -action taken b ilio parties Jle-r,tAc or eIt,�lur of �,t1em oxx.copt
the, :f°'ilnFjl (,',(irtM.(.'•�-,c or fLna �3c6;'tCif3X1�; la,:::c.rzl.l. !�F �;Vi.f'4E',71G� i)T' (.i1P,
P ,1..r0riri?ance of this contract, in v,,ho e Or in. P--I t
,' a a `! own + Pix y c ,r� . d
yz ly cl. ...lnz of l-,7..e a.�r4:;>; ,.�.,zc�. .).o ,.,:�� t��:i'�t.c��i1�:.c or an:,,r
slue' 1. b car ":. i; w ,�,,�i. .,. cti�°u
J , 1,r t✓X" «t� iJ to ;.0 )vcbinC: C tlf,a. t;
0:r' LULt
In Lime's i ', s�C'c:C?:i?q t;�;if; n;cj:if�. t3'( 1'1C:1:"3 1,i1 t: city oll 77Iort i'lo
x"t;. 9
by of the i:L(,:'ti:i cll of of 't in g
by ancd 't+f1.7:'s�"t��(l : tr,� i''STii r'CJr ilr�„i I'I' J-e-unt-0 s z{t 114;3 and t;t;,,-o.t. and
•t,:ii said cori't,r actcw, IJIUVO tuimcbs , thls t iC3
o-C �Tiily A. D, 1.109„
9
T,,rli>'i.yox U '... 1"l f3 {;1�;
k gest, 3F Vort;l'3.
h(
}
Sec r 3 c.Ll"y.. .. ...
�.`
OFFrIC
RECORD
Ciff SF RETArRy
8 To tlYdyEo
t'
o-
BOND.
STATE 09 TEXAS,
r =KNOW ALTj "TIER BY T.HES�� PRESENTS a
COUNTY Oil `i'ARRANT,
That we'T.-T.Clardyl T.B.Clardy and E.T.Claray composing the
farm of T.T.Clardy & Sons, as principal, and
as sureties are held and firmly bound unto
the city
of Port Worth, a municipal corporation, in the sum of +' ve
Thousand ($5000.00) Dollars lawful'IV.- the United States of America,
well and truly to be paid to the said City of Fort Worth, for whII)dh
payment, well. and truly, to be made, we bind ourselves and each Of us
bir.r iimself, our and each of our heirs, executors and admins rators,
firmly by -these pies encs, signed with our hands, this of
July A. D.1909.
The conditions of the above obligationM, are such, as
'q"'j
whereas, the T. X. Clardy, & Sons have on this day, executed and
entered into a certMun contruct for the building of a certain
Brick Fire Hall and furnishing all. materials therefor in said con-
+Y•„ described, which said contract, is hereto annexed.
Now if the said T. To Clardy & Sons shal.l well and truly
perform and fulfill the covenants conditions, spitia.lations and
agreements in said contract mentioned as to be performed and fill-
filled by them and if the said T.T.Clardy & Sons shall repay unto
the said City of Port Worth all sums of money, which :it may pay to
e ,,persons on aeon Int of work and labor done or materials furnished
which the said T T. Clardy & Sons may fail to do or furnish and sho;lj
pay unto the said City of Fort Worth all. damages which it meLn sustain
or in any wise become liable for in any wise connected with the
building or construction of said 'Tire Hall, whether said damages
be caused by the negligence of the said T. To Clardy & dans or any
Other persons or z=y be omassioned inany other manner whatsoever$
add all forfeiture3to which it ,Wr be entitled by reason ,of. . the
non-performance or mal-performance on the pari... FF 1 D T. T�
Clardy & Sons o�-- any of the cov(,-nants, agreementi ions
FT. WORTH, TEX.
-2-
of said contract then this obligation shall- be void otherwise the
same " ,shall remain in full :force and effect.
67
�Lr
r t f,
r
OFFICIA RECORD
MY SECRETARY
FT WORTH, T Xm