Deseret Weekly | 1891-10-03 | Page 30 | Agreement between Salt Lake City and J. H. Bowman

AGREEMENT BETWEEN SALT LAKE CITY AND J H BOWMAN the joint building contract which was read at the special session of the city council september 25 and voted for by all the councilmen coun oilmen except young and hyde is an interesting document and to is given to the public for the first time this evening by the NEWS it is as follows AGREEMENT whereas salt lake city acting by virtue of a resolution of the city council thereof and bait lake county acting by virtue of a resolution of the county court of said county have heretofore agreed together to erect a joint public building in the city and county of salt lake upon ground commonly known as the eighth ward square and whereas the said salt lake city and county have employed as architects for the building the firm of monheim Mon beim helm bird and ana the said architects have furnished plans specifications and ara drawings wings for the said city and county building bui laing and whereas offer for bids has been made for the said building by printed notice in the public press in salt lake city a copy of which is as follows SEALED PROPOSALS sealed proposals will be received at the office of the county clerk salt lake city utah until 2 p m september 1891 for aly all the labor and material required in the erection of the joint city and county building for salt lake city and county at salt bait lake city utah territory according to the plans and specifications which can be seen at the office of monheim birj architects salt lake city utah territory A certified check for two per cent of the bid must accompany each bid bids must be sealed and endorsed bid for the construction of the joint city and county building salt lake city utah territory and addressed to the chairman of the joint building committee the committee reserves the right to reject any or all bids GEORGE M SCOTT BOOTT chairman and whereas john H bowman bowma a submitted a bid to do the said work for the sum of now therefore this agreement made between the said salt lake city and salt county parties of the first part and the said john H Bo bowman vinian party of the second part made this day of september 1891 wit first that the said parties of the first part do hereby hirmand hire and employ the said party of the second part to enter upon the said premises in the said city of salt lake known as the eighth ward square and to erect thereon the building described in the said odd plans drawings and specifications of the said architects and to io furnish all material and labor and in consideration of the erection thereof the said parties of the first part agree to pay the sum specified to wit second the party of the second part agrees to at once enter upon the premises aforesaid to commence the labor of erecting the said building and to continue the same without intermission interruption or delay until the same shall be complete comple teJ j and agrees to complete the same on or before the first day of october 1893 third the party of the second part agrees that the building shall be entirely completed by him according to the said plans drawings and specifications in every particular that in the construction of said building there shall be no ex extras unless the same are agreed to by the parties of the first part that all things necessary emary to be done for the full and complete erection of the said building shall be construed to be within the terms of the contract and to be within and part of the said pr price I 1 ce to be paid by the said parties of the first part fourth if at any time the work on the said building is prevented or delayed by ae any ny act of either of the parties of the first part or by any litigation from any taxpayer or other sources source the time of such delay shall be excluded from the time within which tb this is building im to be completed and the party of the second part shall have that much additional time in which to complete the said building the time of uch buch extension being only the time tim e during which any injunction nj unction may prevent the building of saiu said structure or during which the work may be suspended by order of both of the parties of the first part and the said parties of the first part or either of them shall not be liable to damage to said mid party of the second part in any sum whatever by reason of any action or proceeding which may be instituted in any court whatever by any person or persons whomsoever by or in which said par ties of the first part or either of thema may or shall be temporarily re restrained or perpetually enjoined in or from the thea construction of said building or an any i part thereof except for labor perform performed upon the materials furnished for the th h construction of such euch building by said sai 1 parties of the second part fifth all alterations in plans draw ings and specifications can only W be made ady the joint agreement of both the parties of the first part and kneasel in case of such alteration made as aforesaid the thel party of the second part shall only i receive pay for such extra labor and 4 1 trouble and expense as the alteration i thereby caused shall be reasonably worth all work specified in either eithe the drawings and specifications or necessary nek to the completion of any wor work k indicated therein shall be completed and fully performed and all material to be used in the construction of said d building shall be of the kind specified in the plans and specifications cat ions and shall be furnished by b r the party of ahe he second part vve everything grything else connected with the said building necessary for the full completion thereof and ready for use to Is to be furnished and done by the party of the second part for the con aforesaid sixth the work shall at all times be open for inspection and examination by the architects or by any person appointed by them and aw also to any person or persons appointed by either of the parties of the first part the said parties of the first part reserving hereby the right either separately or jointly to appoint one or more inspect ors ore of the work as it progresses aw and any inspector or inspectors whether appod appointed generally or specially for the whole or any part of the work shall at all times have the right to visit and examine inspect and test teat the work and all material that goes into it seventh the contractor shall not let assign or transfer this contract or any interest therein without the written consent of both of the tha parties of the first part pae eighth the party of the second part shall effect insurance on said building in his own name against losses or damage joy by fire firc in such sums as may from time to time be con of the value of the building and materials in and upon the prem law the said policies being made payable to the said party of the second part and in case of losses the money collected thereupon shall be used for the benefit of all parties hereto as their interest may appear and in case of failure to so insure by the second party the parties of the first part are at liberty to insure in their or either of their names to the i stent of any interest that they may have in the said building and the money collected by them shall be used for the benefit of the parties hereto as their interest may appear and the premium paid for such insurance by the first parties artles shall be repaid them by the second party and maybe may be retained by them at any time out of any money that may be due the second party by the first parties k ninth should the contractor at any time refuse or neglect to supply the proper sufficiency of skilled work st materials of the proper quality men a or respect to prosecute the tail fail in any r and diligence with promptness roa of of the any performance fall in the his part herein coners tenements ments on tee such refusal neglect or failure ed certified by the architects or by g the parties of the first inspector at liberty after three days aft shall be asten notice to the party of the aten such labor provide any ww apart i aart to materials i and to deduct the cost any money then due or beof from to become due to the said 3 after of y the second part under this chis it if the architects or in and aso set baab hall certify y that such refusal r ewt failure is sufficient ground or act of the first sash action the parties suet be at liberty to terminate 11 also employment wi of the party of the cyment I leml said work and to enter ff for pator nd part premises and take possession kidd the building and ot of all materials sald employ another person lefor and for finish the wor work k and to ferst us materials to and in case ade of the employ isaab discontinuance lint oh of the contractor he shall not be totted receive any ADY further payment to d contract tract until the said work harthia r t his cou S wholly finished at which be balance of the 1 if the unpaid under this contract coant to be paid incurred by the expense exceed I 1 of the first part in finish per ties shall be such excess paid the bb K work of the first part to the 6 parties second part but it if such at the r exceed such unpaid bal ashe be 0 shall ahall contractor shall pay the dif the parties of the first part see to the the party of the second part ath suitable material for furnish to described in said drawings building and in all respects arial material spec Sr ial used shall be bulted and estor in which it is to be the place S tor the material to be of th the best for the purpose in ahta necessary ty the kind specified in of totted d by bv and drawings and specifications and by the party of the seea also agreed furnish the best that he will and workmanship uty of workmen ty to do the kinds of work weary jai in the drawings and specia ne th should extra concrete be the foundation or eary ry in laying price for such extra ment the snail hall be thirty five cents per extra stone work for foot and a giatron i n shall k be e paid for at the rate aty gaty cents per cubic foot twelfth the plans drawings and fixations ficat ions for the said building exhibition and have if e been on een prepared by the architects afore attached and are here toi are hereto of this contract and imade baade a part addition aldr drawings wings and apeci flea WS which may hereafter be made by ae are architects bisects in explanation and of said plans plane may be re bitted to for the purpose of illustrating ala contract thirteenth the contract batteen M said eaid architects and the avid parties of the first part also referred to and mad e ayk part hereof and the work therein specified allied for the contractor is work to s perfo performed under this contract by habe a party of the second part ex at the exhibit X referred to been modified and supplied bynem specifications and now new specifications are controlling and are intended to apply in this contract and that time is the essence of this contract and should the party of the second part fail to complete the erection and construction of said building as hereinbefore specified and within the time agreed upon he said party of the second part shall pay and will pay to said parties of the first part their successors or assigns at the rate of per day for the time which may elapse or run from the date at which said party of the second part has agreed herein to complete the erection and construction of said building and that date at which it shall thereafter be completed as rent for said building had it been completed at the time first aforesaid and as fixed and liquidated damages to be paid by the said aid patt baity of the second part to the parties of the first part for such failure and delay fourteenth the architects shall furnish monthly certificates to the party of the second part of the proportionate amount of the work done by him that is the v value alue of the borki work in view of the entire cost of the building and andon on such certificate so furnished by the present architects or by their successors the parties of the first part agree to pay to the party of the second part ninety per cent thereof provided however that whenever required by the said parties of the first part the said paid party of the second part shall make and furnish a full true and correct statement ot of all debts due by him and to whom due for work done upon and materials used in the construction of the said building which shall accompany said certificates and thereupon the first parties sh should ul they deem it advisable may pay th the said amounts for labor and materials to said respective laborers and material men and such payments shall be held to be payments by said first parties to said second party fifteenth it is further agreed by the party of the second part in consideration of the covenants herein contained ined that before this agreement shall be of any binding force upon the parties of the first part and before entering upon the said work and labor that he will furnish to the said parties of the first part a bond with sufficient sureties to their satisfaction and aed to the satisfaction of each of the said parties in the penal sum of thirty per cent of the amount of his said bid to wit in the penal pedal sum of conditioned that the said contractor party cartr of the second part par will twill faithfully perform this contract on his part in all respects sixteenth that the said parties of the first part shall in no way be responsible 8 pon bible or liable for any accident injury or damage that may occur to any person or persons in the construction of said building by reason of any default carelessness negligence ot or misconduct of said party of the second part or that of his bis heirs executors administrators or assigns or his or their employees emp loye loyes and the said party of the second part in consideration of the premises hereof agrees for himself his heirs executors administrators and assigns to save the said parties of the first part their successors or assigns free and harmless from and against any liability loss lose expense or damage of auy kind arising out of any such default carelessness negligence or misconduct or which noay may occur by reason of any accident or injury whit which h may happen or occur in or by reason of the construction of said building and to indemnify and repay said parties of the first part for any loss 1089 costs expenses judgment or damage of any kind that they or either of them may sustain by reason of any such default negligence misconduct or injury and in case of any judgment recovered in any of the said premises against the said parties of the first part or either 0 of f them shall be conclusive as to the liability of the said second party his heirs executors administrators or assigns to the first parties or either of them as the case may be provided that said second party his heirs executors administrators or assigns shall have notice of the of the action in which such judgment may be recovered seventeenth and it is further mutu mutually ally agreed that said party of the second part hereby expressly agrees that the liability of said city and county to him is not a joint liability but that said city and county shall each respectively be liable to said second party for only one half of all amounts which shall become due under the terms of this contract eighteenth it is expressly agreed by the parties hereto that the agreements herein contained shall apply to and bind the respective heirs executors administrators successors and assigns of the respective parties thereto in witness whereof the parties of the first part said salt bait lake city by resolution of the city council has caused these presents to be subscribed by its mayor and its corporate seal thereto affixed and attached by its recorder and said salt lake county by a resolution of the county court has caused these presents to be subscribed by the chairman of bald baid county and the seal of said court