Page images
PDF
EPUB

plated shall be required or permitted to work more than eight hours in any one calendar day upon such work, such prohibition being in accordance with the act approved June 19, 1912, limiting the hours of daily service of mechanics and laborers on work under contracts to which the United States is a party. For each violation of the requirements of this article a penalty of $5 shall be imposed upon the Contractor for each laborer or mechanic for every calendar day in which said employee is required or permitted to labor more than eight hours upon said work, and all penalties thus imposed shall be withheld for the use and benefit of the United States: Provided, That this paragraph shall not be enforced nor shall any penalty be exacted in case such violation shall occur while there is in effect any valid Executive order suspending the provisions of said act approved June 91, 1912, or waiving the provisions and stipulations thereof with respect to either this contract or any class of contracts in which this contract shall be included, or when the violations shall be due to any extraordinary events or conditions of manufacture, or to any emergency caused by fire, famine, or flood, by danger to life or property, or by other extraordinary events or conditions on account of which, by subsequent Executive order, such past violation shall have been excused.

In the event of any dispute with reference to wages, hours, or other conditions appertaining to said work, between the Contractor or any sub-contractor and labor employed by him on said work, the Contractor or sub-contractor shall immediately notify the Contracting Officer of the existence of such dispute and the reasons therefor. The Contracting Officer may, at his option, instruct the Contractor or sub-contractor involved in such dispute as to the method or steps which the Contractor or sub-contractor should follow with reference thereto, and the Contractor or sub-contractor shall thereupon comply with such instructions.

Article XII. Right to Transfer or Sublet

Neither this contract nor any interest therein shall be assigned or transferred. The Contractor shall not enter into any

sub-contract for any part of the work herein specified without the consent and approval in writing of the Contracting Officer. In case of such assignment, transfer, or subletting without the consent and approval in writing of the Contracting Officer, the Contracting Officer may refuse to carry out this contract either with the transferrer or transferee, but all rights of action for any breach of this contract by the Contractor are reserved to the United States.

Article XIII. No Participation in Profits by Government Officials

No member of or Delegate to Congress or Resident Commissioner, nor any other person belonging to or employed in the military service of the United States, is or shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom, but this article shall not apply to this contract so far as it may be within the operation or exception of section 116 of the act of Congress approved March 4, 1909 (35 Stats., 1109).

Article XIV. Settlement of Disputes

This contract shall be interpreted as a whole and the intent of the whole instrument, rather than the interpretation of any special clause, shall govern. If any doubts or disputes shall arise as to the meaning or interpretation of anything in this contract, or if the Contractor shall consider itself prejudiced by any decision of the Contracting Officer made under the provisions of Article IV hereof, the matter shall be referred to the officer in charge of cantonment construction for determination. If, however, the Contractor shall feel aggrieved by the decision of the officer in charge of cantonment construction, it shall have the right to submit the same to the Secretary of Wars whose decision shall be final and binding upon both partie, hereto.

Article XV

This contract shall bind and inure to the Contractor and its successors.

It is understood and agreed that wherever the words "Con

tracting Officer" are used herein the same shall be construed to include his successor in office, any other person to whom the duties of the contracting officer may be assigned by the Secretary of War, and any duly appointed representatives of the contracting officer.

Witness the hands of the parties hereto the day and year first above written, all in triplicate.

Contract between Contractor and Owner for Excavation.

AGREEMENT made..

..between.

inafter called the Contractor, and.. called the Owner, WITNESSETH, as follows:

.here.hereinafter

1. The Contractor agrees in consideration of the mutual promises herein contained, that he will to the satisfaction of the Owner, excavate the premises shown on the following diagram in the manner herein indicated. The plot shown in yellow is to be excavated to a depth of... . . . . . feet. . . ...inches below the level of the curb at the point marked X in the diagram. The plot shown in red is to be excavated to a depth of . . . .feet below the level of the curb. The plot marked blue is to be

excavated to the level of the curb.

2. The Contractor agrees to prepare the ground for the erection of a building thereon in accordance with plans heretofore prepared and exhibited to the Contractor, and the Contractor agrees that he will furnish all the necessary men, teams, drills, machinery, labor and materials necessary for that purpose.

3. The Contractor agrees that he will commence work on or before.. ..and will at all times have at least teams constantly at work on the job and at ..steam drills.

least..

4. The Contractor agrees that the whole job shall be completed in... working days, time being of the

essence of the contract.

5. It is agreed that in case the said work is not so completed within.... ...working days the Contractor shall pay to the Owner the sum of.... ......dollars per day as liquidated damages for such delay as may be caused,

6. The Contractor agrees at his own cost and expense to remove all the debris, rock and earth from the said lot except that he shall leave sufficient stone to erect foundations and the stone work of the said building. The Contractor agrees to remove all the rock that is not required by the Owner for such purpose, unless specially requested by the Owner to do otherwise.

....

7. The Owner agrees to pay and the Contractor agrees to accept for said work $.... per cubic yard of rock removed and .......cents per cubic yard of earth removed according to measurements made by a surveyor appointed by the Owner. Payments are to be made on surveyor's certifi

cates.

8. It is agreed that the Owner shall be at liberty to require extra excavation to be done where necessary at the same rate of payment.

9. It is agreed that the rock and stone left for foundation shall be broken in a suitable and proper size for that purpose.

10. The Owner agrees on condition of the faithful performance on the part of the Contractor of the promises and conditions on his part to be performed, that he will pay for such excavation to the said Contractor at the rate of $... per cubic yard of rock and.... .

...cents per cubic yard of

earth, such payment to be made as follows:

.......

per cent. of the value of the work done to date shall be paid for at the end of every. .weeks, and a final payment of the remaining.... .per cent of the whole work shall be paid in... ..days after the completion of the contract.

11. The Contractor agrees that the Owner shall be entitled to retain out of the moneys owing to the Contractor sufficient amounts to insure him against any mechanics' liens that may be filed against the said premises.

12. The Contractor agrees to be responsible, and hereby assumes any and all liability for any damage or injury sustained by any person during the progress of the work, and for any act or default of the Contractor or any of his employees.

13. The Contractor agrees that if he shall be in default at any time during this agreement or unreasonably neglect or

refuse to continue work hereunder as herein provided, the Owner shall have the right on..... ...days' written notice to the Contractor at his last known place of residence, to complete the work and charge the cost thereof against the Contractor who agrees to pay all damage sustained by reason of his default.

Building Contract Between General Contractors and Sub-Contractor

AGREEMENT, made the.

in the year..

.day of....

by and between (acting as Agents

of the Owner) hereinafter designated the General Contractors,

and...

Contractor.

.hereinafter designated the Sub

WITNESSETH that the Sub-Contractor in consideration of the covenants and agreements herein contained on the part of the General Contractors, does covenant, promise, and agree with the said General Contractors as follows:

1. The Sub-Contractor shall and will well and sufficiently perform and finish in a thoroughly workmanlike manner under the direction and to the satisfaction of the General Contractors and..

Architects (acting as Agents of the Owner,.

everything called for in specifications, entitled:..

.) all and

for

..in the City of...

agreeably to the drawings and specifications, made by the said Architects (copies of which have been delivered to the Sub-Contractor), and to the dimensions and explanations thereon, therein and herein contained, according to the true intent and meaning of said drawings and specifications, and of these presents, including all labor and materials incident thereto, and shall provide, at his own expense, all

« PreviousContinue »