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HomeMy WebLinkAboutContract 24 ()ITY SECRETARY CONTRACI KQ-4— CONTRACT. CITY OF FORT WORTH, STATE OF TEXAS. } THIS AGREEMENT, made and entered.into this......23d..........................clay of...M roh...... in the year One Thousandundred and r six.......:..:....., by and between the CITY or FORT WORTH, Tnxds, party of the first part, acting through its Mayor and City Council, and...C.......H......7tLl, iv. ........... a resident'' of : �:..Texap...................................................................:......: .. ......... ........ ............................................. ... ................................ ........ . ....:................................................... .................................................. ..,.............party of the second part WITNESSETHI 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; v.. , the parties of the first part for themselves and their successors, and the party of the second part fol.hl?nself ......................................................and for.........his... ............ ........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," or the phrase "City of Fort Worth," 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 11 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 i whenever the word "Engineer" is used, it shall refer to and shall mean the Engineer of the City of Fort Worth, Texas, either acting directly or through any assistants or inspectors limited to the special duties entrusted to I them. And the said part .........of the second part hereby covenants and agrees to furnish at_:..hy .................own cost and expense, all materials and perform all.the labor necessary to....#illand case two deep wells each approximately 650 feet deep, to vaid through the Trinity Sands,to finish with ........ ................................. ..................................................I...... ............ six snob strainers, find two deap we11.s approximately 300'`feet deep, to find through; ....................................................... .. .. . .. ...... ...... and below the Paluxy ;sands to'ample aopth'to insure ;proper oubmergence for Azar Lift � ......: ....................................................... ............................... ........ ....... ....................................................... pipes, The' City of Ft: 17orth 'will, furnish to" Contractor all 'the necessary caszrig' � ... ....... ..... ........ .......... and strainers, free, t site of the work.;"The,wells. shall be located on what is ..................................... .. .. ..... ................. ........ ...... .... ...... kno n an thm" Edwards tract, recently' ptxahased from;;C: 0. Edwards by'Cit3. at the site' .. . ... ..... .. ....... ....... .of Cl6ar fork dam iia.3. The Wells shall t be drilled trulytertical, 'and all the Work � . ,;. ........ ; s 'a1T be i�oni6..in good encs w.0A a"nlilce nianner and to 'the satisf action of the actin­ ..... g [ . . S pe ntellc ht .hand City Engineer. There 'sha11 be 8 ndh strainers on both the 300 ft,i vrella.:..... ................. ........ . .................................................................................................. ......... f The construction of the aforesaid wink, shall be, in all respects, according to the specifications and notice hereto attached, which said specifications and notice it is hereby mutually agreed shall be a part of this contract. It is also understood and agreed by the parties hereto that the work herein contracted for shall be clone !, under the immediate supervision, direction and inspection of the City Engineer of the City of Fort Worth, either acting directly or through any assistant or inspector under him. The whole to be clone in strict con- formity to the plans, drawings, specifications and explanatory directions as the aforesaid Engineer shall give from time to time under this contract. To prevent all disputes and-litigation, it is further agreed by and between the parties hereto, that the ! said.CitEngineer. li`all:.in.all',cases determine the amount and quality of the soveral7tinds of work"w'h7ehaeto be,pard,for:upder,this contract, and tgat.he4shall decade all questions which may,arise rn relation to •said work qf and the construction thereof, and to the fulfillment of this contract. And rn case any question shall arise be- , {1n,ell 1 s53,.: i"j., � C • ,. 3 �., t�vee'n the p`ar' ies'her�to, touehrng' this` con'tract'`or specifications;$>'sueli�estimates and" such'` decisions by'said Engineer;<`shall be'a�condition prececl'ent to tho�right'of the party=,of theseebnd;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 shall be final and binding upon both parties hereto, and all directions and explanations required, necessary to complete any of the provisions of the specifications and to give them due effect, will be given by said Engineer, and shall be obeyed by said contractor -`-" LOFFICIAR RA WORTH I agrees And the party of.the second,part hereby agrees to receive, and the party ot,..the ra k."'l�tii�, lieteb + to pay, subject to conditions hereinafter contained, in fall ;compensation for furnishing all the materials and labor, and performing and completing all the work which is necessary or properto be furnished or performed,.,, in order,to complete the entire,work;in this contract described and shown, except for such -extra work as may be required under written orders_as hereinafter specified, the following prices find rates, to-wit: For each foot of'the 650 foot wells the sum• of Four . $4.00 dallars, and f'ar each .... �............... Foot of the 300 ft* wells., they. hum of Three 03.00) dollars,payable in semimonthly: estimztos,� as below provided, loss Forty percent (40) �, retaited until completion of each,respective well. 4t i And the said party of the second part hereby agrees to commence.the work herein required to be done within "a days f sCafter signing this,eoutract, and that the�Ij dame shall ltiogiess in such o der as;the,, Engineer may direct, and that the whole of said werk shall be fully completed and performed on or before tho b,;;t�sfj,l, ,�, ,,si d,c* .,n�.ef t ��, ,. at .1, ,,�,.. .a,,<tm x} \3f;�,,�K. } i, fi .,.,;. fizrst . d��y of ;Oeptemher .., .. ,.� �r, , 't!,M)C( 'the'`li�rt`y"`of e second'hart�lfereby�farLher°agrees'a�d''pi�omises th i tt�e said woric sIa�I eclo`ne under second, party's rmmedrtite�,superyision,and super,inttendence and. not by t,a sub con�ti tier or by.sub 4�:' contractors, except'by the-written consent-of'.tire,City.of Fort Worth,`throuigli�its CrtyEJ ngneer Itrs,rn,tzigLlly agreed th!att) City,,f°fTl',urt.L,,W ill sUall 3aaye:theaniglli to Z�ostl�one the.corntuerl`ce�ent of, or at any time to suspend or delay the prosecution of the whole or any part of the work herein contracted for if sa City is h mpp6t d"by,,re6W, of°delay`i i,'obtaiurn ''right'`of lway; ``o 'by iestrniirts ofcoitr`ts;or`'s rnilar' miters, and in all such cases of delay the party ofthesecond part shall be granted so much additional time wherein to eo`inlilete `such tlilayetitor�;5izspeilc- �c>orl "as the'E�igiriee}r''shall"cert fy'iiisvrrting''to be just. The parity of the secoud,partherebyagrees to submit to all such delays orsuslnensious,-„and further agrees that lie will make no claim for compensation oilor damages`on account oP such delays or suspensions, other thau;,snelr ex,,tensron,astthe Engineer may certifyinFwriting..to,bo justz tJ . . 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 tire'party'oi tlie`first�pa rt`of'lafe'ri'glit`� to abrogate this contract for abandonment, delay or 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 worn.. 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 indemnify 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 .care- lessness in the performance of the work, or in guarding the same, or from any improper materials, tools or ap- pliances used in its construction, or by or on account of any act or omission of the party of the second part, or tiny sof 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 nnoiiey due tinder and by virtue of this agreement as may be considered -neces- sary by eces- sary--by thepartyof the first part,,shall or may be retained by said :party:of thefirst part-until all ,suits or claims for damages as aforesaid have been settled, and evidences to that effect furnished to the sa,tisfactio'—"of said panty of the first part. The said party of the second part further agrees that if the work to be done tinder this agreement shall be abandoned by him, or it this contract or any of the moneys payable tinder 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-soldertify ,'ii.•t itirioi*itliatrtlri�a`itiid work, or any part thereof, is unnecessarily delayed,11so that the rate of ,progress is not such as to assure its completion within the time specified, or tf at`the,t6bi ,tactor is violating 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 poiuei b. notify the cont actor 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 worn., 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 dile, or that may thereafter at any time become due, to the con- tractor under and by virtue of this agreement. And in case such expense is less than:the: sung «!hick would have been payable tinder this-contract, if the same had been completed by true, contractor, then'stird';contractor shall be entitled to receive the difference; and in case such expense is greater than the sura which would have been payable under this contract, if the same had been completed by said contractor, then the party of the second Bart 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 pasty of the first part, however, reserves the right.and option in lien 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 wort: 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 annulnieut 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 ?lis contract. Anil 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 accessary or for the interest of the City of Port Worth to suspend work entirely, and to cancel this contract wholly and completely, then the said City.shall have the power to it any time cancel this contract wholly and eomplet-ely, altlnongh the contractor may not be in default, and the party of the ;secondpart 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, lie shall be paid in full for all work clone, and for all materials delivered in accordance with this contract, up to the time of notice of such caucella- tion, 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 evidence shall be furnished to the city showing that all persons Who have done work or furnished ]materials for woI'k to be (lone under this Contract, and Who may have any valid claim therefor against the City of Fort North, under the laws of the State of Texas, have been fully paid or satisfactorily secured. And in case such evidence is not furnished as aforesaid, such amount as the said party of the first part may consider necessary to satisfy the claims of the persons aforesaid may be retained from any moneys due said party of the second part under this agreement, until such claims sliall be fully discharged or satisfactorily secured.• And if,such evidence is not furnished before the fival payment under this contract falls due, then said City may pay any such claims and charge the amount thus paid to the said contraetor,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 sliall be done in pursuance of a written order of the City Engineer, and all such claims for extra work shall be presented before the final estimate falls due, otherwise they will be consid- ered as abandoned. And it is farther mutually agreed between the parties hereto that the Engineer sliall, on or shortly after the first.: d...f ft.@nth' .......day of each mouth in which any worn;. 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 fall amount and value of materials delivered from the signing of this contract up to that particular date on;which the estimate is made. Within Leri days after the making of such estimate by the Engineer, the full amount thereof less...forty.....................................per cent., Which shall be retained by the first party,until the completion of the whole worn:, and further, less, and deducting the amount of all previous pay- ments under this.contraet;, aud ;further, less, and deducting ,such sum or sums as may be otherwise retaival as provided herein, shall be paid to tlne contractor. Such partial estimates shalt not be required to be exact but`shall be approximate only. And the parties of the second part hereby farther a.ga•ee that time is of the essence of this contract, and that the party of the first part shall be and hereby is authorized to deduct and retain out-of auymoneYs due or that may become due to the said parties of the second part under this agree,,-. went the sumo of. ......f�yp..: ol1 .t .s....................I........................I MT-ffi•s per day, is stipulated and liquidated dainages for each and every day the aforesaid work shall be incomplete and undelivered over and beyond the time herein stipulated for its completion. And whenver, in the opinion of the Engineer, the party of the second Dart shall have completely performed his pari; 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 under this contract. Then and thereupon the City sliall accept finally the work (lone 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 parity 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 be 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 of 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 acceptedthework. Irr`W Tr$EI Ss 'WisIrEor; the said party of the first party, acting through its City Council, has caused'to be set hereunto the signature of its Mayor, a,ttested:,by its City Secretary,.and has';causedthe;seaLof..the;City,to be hereto 'ai'fixed, and the said party of the second part ha..q...........set their hand and seal the day and year fir ve ritten . _ h ............................... ..................................... ........4....:..... ...... ........ ....... .. rt t LFT. RECORD WORTH, TEX. 41 Know all Men by These Presents; ......................... ........................Phat we .............................................. . ........... ..................... ...I.......of.................. ............................ ........................................................ .....:... .........................of...I....................... ............. ...;............. ............................... .................of.................................. ...... ............. are held and firmly bound unto the City of Port Worth, Texas, in the sura of ......... .................................................... ............................................................................................................................................ ..... : .......:...I..................:....:...:..DOLLARS, lawful money of the United States of America, to be paid to the said City of Fort Worth 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 peresents. Sealed with our, seals the..... .......... .... .......:. ..... ...day of........ ....... .....................................................18................ Whereasthe above bounden..... ..... ..................................................................................:............................................................................. . by an instrument of writing under their hands and seals, bearing even date herewith, have contracted with the Cityof Fort Worth, Texas, to............................................................................... ........ ............................................................................... ...........:.... I ............................................................................................................................................... . ....................................................................................................................................................................................................................................................................... called for by said agreement, on the conditions and for the considerations in the annexed and preceding contract mentioned, and according to specifications contained in and annexed to said contract and forming a part of the I same. j Now therefore, the conditions of this obligation are such that if the said............... ....................................................... .......... ....: .... :. ... ..:.... ......, .._....... ......shall well and truly and in a good, sufficient and workmanlike manner perforin 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,eyery respect comply with the conditions therein_contained, then this obligation to I be void; otherwise to remain in full force and effect. .... ........ 1 ................ . ................. ................................ :: ..:....... r 1. . i t