HomeMy WebLinkAboutContract 22 CITY SECRETARY
t, CONTRA0.1 K
CITY OF FORT WORTH, t
STATI
OF,fizaXAs. J
THIS AGREEMENT, made and entered into this........,�q��.. .....:.:dIly of....... ..v..ary
bin e
in the year One Thousand l Hundredand Nine# ............................... by and between the CITY OF FOR WORTH
' - -Beard!`Conrcadoratr
TrxAs, party of the first part, acting through its Alayor and �r:
and.:::...���.../... ., �/rl.
...1,..................... ......... ......... . ......... ......... .......................... .........
.................... .................party of the second part:
WITNESSETHs That the parties to these presents, each in consideration of the undertakings, pr
oirlises
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 fora./�i/z��.e.%f
.. .......::...and for........... P ......... . ...............heirs, executors, administrators and assigns, as follows:
'to-wit: That wherever,`in this agreement, or in the specifications, notice and fora, of proposal Hereto attached
the word 11 City," or the phrase "City of Fort Worth,11 is used, the same shall mean tine 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 Bart, and
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
them.
And the said party........of*the second past hereby covenants and agrees to furnish at....Lris................own
cost and expense, all materials and perform all the labor necessary to..cao�p/�fe..%�e.co..�,v� or.o,�a..caricrcf.
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The construct"I.on of the aforesaid work, shall be, it, all respects, according to the specifications and notice
hereto attachetl, which said Specifications and notice itis hereby urutnally agreed shall be a part, of this contract.
It is also understood and agreed by the parties hereto that the wort: herein contracted for shall be clone
under the immediate supervision, direction and inspection'of the City Engineer of the City of Fort Worth,
either noting directly or through any assistaut or inspector under him. The whole to be clone in strict con-
formity to the plans, drawings, si�eciflcations and explanatory directions as the aforesaid Engineer shalt give
from time to tine under this contract.
`lb prevent all ditipates and litigation, it is further agreed by and between thep�>rties hereto,"that.the
said City Engineer shall in all eases determine the amoallt and quality of the several kinds of work which are to
be paid for under this contract, and that he shall decide aft 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 be-
tweeu the parties he touching' this contract or specifications, such estimates and such decisions by said
Engineer, shall. be ti 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
},ppear, ;the explanation,of the Engineer shall bo 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,_aud':shall be,obeyed.h•y said contractor.
OFFICIAL
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CIS ECEARY
m WORTHY Ma
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And the party of the second part hereby agrees to receive; and the party of the",first lk,�rt 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
be required under written orders as hereinafter specified, the following prices and rates, to-wit:
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f or__fcr/-rimy vp 9h�✓r�,r�/n'�-ii�y v/c��vave.�»r��r�=au ,6ri�.�s fo.6c �i�r�irLi��,6�/ f�B
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And the said party of the second part hereby agrees to commence the work herein required to be done
within......T�.. .................da.ys after signing this contract, and that the same steal I progress in such order as the
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Engineer may direct, and that the whole of said work shall be fully completed and performed on or before the
r... day of..... ...........................A. D.
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 Fort North, through its City Engineer. -
It is mutually agreed.that the City of Fort Worth 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 hamperedbyreason 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
complete such delayed or suspended work as the Engineer shall certify in writing to be just.
The party of the second part hereby agrees 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 fixecl.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 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-
cautious to prevent injury to life or limb of those employed on the work. And the said party of the second
art further agrees to tale 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
trod 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 reasou 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 any of the agents or employes thereof; and the said party of the secondpart hereby further 'agrees that the
hole or so much thereof of the money due under and by virtue of this agreement as may be considered neces-
ary uy Itm 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.
The said party of the second part further agrees that if the work to be done under this agreement shall be
bandoned 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,completion within the time specified, or that the contractor 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 power to notify the contractor to discontinue all the work, or any part thereof, under
his contract; and thereupon the contractor shall discontinue said work and cease to have possession of the
"round 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
r 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
.i, the first part out of such moneys as may be due, 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.sum which would
ave been payable under this contract, if the same had been completed by the contractor, then said contractor
hall 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
econd part and his bondsmen. shall pay the amount of-such excess to the party of the first part, on notice from
he 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
ereinbefore given, in case of the contractor's default, to employ forces, purchase tools and materials and com-
lete the work; to instead thereof annul and cancel this contract, and re-let the work or any part thereof, and
,he said contractor shall not be entitled to any claim for damages on account of such annulment, nor shall such
punulmeut affect the right of the party of the first part to recover damages which may arise from such failure on
he part of the said contractor to fulfill the terms of his contract. And the party of the second part hereby
tirther 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 inay appear to said City
o be necessary or for the interest of the City of Port Worth to suspend work entirely, and to cancel this contract
holly and completely, then the said City shall have the power to at any time cancel this contract wholly and
• nipletely, although the contractor may not be in default, and the,party of the second part hereby specially
green that such cancellation, if clone, shall not entitle him to any claim for damages, or for prospective<profits
)n any work remaining to be done; but if the contractor be not in default, he shall be paid in fall for all work
one, and for all materials delivered in accordance with this contract, up to the time of notice of sueh.cancella-
on, and thereupon shall be released from all obligations hereunder for•the completion of this contract. And
t is further agreed by the party of the second part that satisfactory evidence shall be furnished to the city
bowing that all persons who have done work or furnished materials for work to be done under this contrasty
`ud who may have any valid claim therefor against the City of Fort Worth, under the laws of the State of Texas,
lave been fully paid or satisfactorily secured. And in case such evidence is not furnished as aforesaid,.such'
emount as the said party of the first part may consider necessary to satisfy the claims of the persons afoiesai'd.
nay be retained from any moneys due said party of the second part under this agreement, until such claims shall
e fully discharged or satisfactorily secured. And if such evidence is not furnished before the finalpayment
finder this contract falls due, then said City may pay any such claims and charge the amount thus paid to t11
aid contractor,who shall accept the same as payment to the amount thereof upon this contract. No claim for extra`
vork shall be made unless the same shall be done in pursuance of a written order of the Oity Engineer;,and`-al.l
such claims for extra work shall be presented before the final estimate falls due, otherwise they will be covsid=
gyred as abandoned.
And it is further mutually a reed between the parties hereto that the Engineer shall, on or shortly after
he first.x:rf f. /...... f..fr✓� ..day of each month in which any work has been done, make an estimate in
ritiug of the amount and value of the work done and materials delivered to be used in the work, provided,
'owever, that all materials thus estimated shall be in strict compliance with the terms of this contract. Each of
uch estimates shall be of the full amount and value of materials delivered from the signing of this contract up
o that particular date on which the estimate is made. Within ten days after the making of such estimate by
;he Engineer, the fall amount thereof less...7� : �: y..�v�.r«rrfper 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-
vents under this contract, and further, less, and deducting such sum or sums as may be otherwise retained
's provided herein, shall be paid to the contractor. Such partial estimates shall not be required to be exact
ut shall be approximate only. And the parties of the second part- hereby further agree that time is of the
ssence of this contract, and that the party of the first part shall be and hereby is authorized to deduct and
•etain out of any moneys due or that may become due to the said parties of the second part under this agree-
- neat the sum of............T .rc.. y....-... ..�� .................................dollars per day, as stipulated and liquidated damages
or each and every day the aforesaid work shall be incomplete and undelivered over and beyond the time herein
tipulated for its completion. And whenver, in the opinion of the Engineer, the partyof the second part shall
iave 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 under this
ontract. Then and thereupon the City shall accept finally the work done by the contractor, and, within................
lays thereafter the said City shall pay to the party of the second part the full amount of the Engineer's final
stimate after deducting all sums of money theretofore paid to the said party of the second part under this
greement, 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
eceive, payment for the aforesaid work or any part thereof except in the manner set forth in this agreement;
or unless each and every of the promises, agreements, terms and stipulations, herein contained, shall have
een performed, kept, observed and faithfully carried out on his part, and the said Engineer shall have given
is certificate and the City shall have accepted the works P ea;1t,Z 's3 17-'(7-S
IN WITNESS WHEE,Eor, the said party of the first partjr, acting through itst��e�, has caused to
e set hereunto the signature of its Mayor, attested by its City Secretary, and has caused the seal of the City to
e hereto affixed, and the said party of the second part ha................set their hand and seal the day and year
rst above written.
...... ...........................................................-................................... ... .......11
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RECORD
CITY SECRUARY
J
BON D.
Know all Men Z0 T T11. e Presents s
What we, .... .. r. -.. ::: ... ... ......fr""6'"a......
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i .are held and firmly Bound unto i;lle City of Fort
worth, .lc,xas, in the sutra of :.......................::...........:.........................................
_.................... ....��/2�. ... QG.�S"..G?f .................... .................. .......................... DOLLARS,
lawful money,of the United StateS,Of America, to be paid t0 the said silty OE FOlt Worth Or 1tS lawful. attorney,
successors or aS,igns, for which :payment well and truly to be ranine, we bind ourselves and our several and
respective heirs executors and administrators, jointly and sevem.Il , firmly by these pel:escuts
Sealed with,ouL seals the......... .... . . ....... . da of. ........ ..... . ... ... �,........ �. .a ..
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Whereas the above boanden ..:.::. ......... ~....... .. .. .....:.......
.roiPacted
by an inIstrumeut of writing under their hands and seals, bearing �(late� h ti re wit�i'f,he � fi
City of Fort worth, Texas, t ._..' ..... ... . --�. �.V?.�' ._......
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called for by said agreement, on the conditions and for the considerations in the annexed and preceding contract
inentioned, and according to specifications contained in and annexed to said contract and forming a part of the j
salve.
NOW th
re 01, the conditions of this obligation are such that if the said..... :. ..a. _
.:::.♦... : :.......:...................................................shall well and:truly and in a good, sti-I4144
icie�t and
workmanlike manner perform the said contract, and each incl every provision therein contained, on•7-1....
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part'to"be done and performed, and complete the same in accordance with the terms aud,provisions therein
stipulated,and in each and;every respect comply with the conditions therein contained, thea this obligation to
be void; otherwise to remain in full force and effect. !
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