Imagens das páginas
PDF
ePub

(3) An allowance of ten (10%) per cent. for overhead on produc-
tive labor only.

(4)-An allowance of ten (10%) per cent. for profit.
(5)-The premiums the Sub-Contractor has to pay for liability and
compensation insurance on labor; said premiums to be based on
the lowest rates obtainable in a company or compan.es accept-
able to the Contractor, it being distinctly understood and agreed
that no commission shall be charged by this Sub-Contractor on
said premiums. The Sub-Contractor shall, if required, furnish
the Contractor with copies of said insurance policies.

In the event that the Sub-Contractor executes any additional work upon the basis of labor and material as hereinabove set forth, it agrees to and shall furnish each day to the representative of the Contractor duplicate payroll sheets, material tickets and slips for other miscellaneous charges, retaining copy of each and securing the signature of the Contractor's representative thereon; such signed slips shall accompany all bills and vouchers presented with application for payment.

EIGHTH.-Should the Sub-Contractor be obstructed or delayed in the prosecution or completion of the work by the act, neglect, delay or default of the Contractor, or the Architect, or any other sub-contractor employed by the Contractor upon the work, or by any damage which may happen by fire, lightning, earthquake or cyclone, or strikes or lockouts in the trade beyond the control of this Sub-Contractor, then the time herein fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of any or all of the causes aforesaid; but no such allowance shall be made unless a claim there for be presented in writing to the Contractor within twenty-four hours of the occurrence of such delay. If the parties hereto cannot agree upon the length of such extension, the same shall be decided by arbitration as provided in Clause Fifteenth hereof. If, as a result of any strike, lockout, fire, lightning, earthquake or cyclone, or any other causes beyond its control, the Contractor is obstructed or prevented from performing any work on said building and considers it inadvisable to receive materials therefor, then the Sub-Contractor shall, upon notification from the Contractor, cease deliveries to and performance of any work hereunder at the building until such time as, in the opinion of the Contractor, the conditions are such that it is advisable to resume operations on said building. The Sub-Contractor hereby agrees to and will resume delivery of materials and performance of this work as required by written notification to it by the Contractor, and no claim for damages shall be made by either party hereto on account of any cessation of work for the causes aforesaid.

NINTH.-The Sub-Contractor hereby, for the consideration hereinafter named, waives and releases all lien or right of lien now existing or that may hereafter arise for work or labor performed or material furnished under this contract under any lien laws upon said building, the land upon which the same is situated, and upon any money or moneys due or to become due from any person or persons to said Contractor, and agrees to furnish a good and sufficient waiver of lien on said premises from every person or persons and corporation furnishing labor or material for said premises under the Sub-Contractor.

TENTH. It is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final certificate of final payment, shall be conclusive evidence of the performance

of this contract, either wholly or in part, and that no payment shall be construed to be an acceptance of defective work or improper materials.

ELEVENTH.-The Sub-Contractor hereby agrees to repair and make good, free of charge to the Owner or Contractor, and at the convenience of the Owner, any damages or fault in the building that may appear, within the period aner is completion as called for by the specifications, as a result of imperfect or deiective work done or materials furnished by the Sub-Contractor or of plant or equipment provided for hereunder which shall not operate to the satisfaction of the Architect, the same being certified to by said Architect as being due to one or both or all of these causes.

TWELFTH.-The Sub-Contractor agrees to indemnify and save harmless the Contractor and Owner from and against all claims, suits, judgments and damages brought, recovered or exacted against the Contractor for or on account of any claim growing out of any injury or death received or sustained by any person or persons by reason of any act, omission or negligence of said Sub-Contractor, its agents, employes or sub-contractors, whether such injury, death or damage shall be contributed to by any failure of the Contractor to comply with any law, ordinance or regulation relating to the erection of this building. The Sub-Contractor agrees to carry public liability insurance protecting the Sub-Contractor against injury to persons happening in connection with the work, and also what is known as Workmen's Compensation Insurance, in connection with its employes engaged in the performance of its contract, in a company satisfactory to the Contractor, and to deliver copies of these policies to the Contractor upon demand. The Sub-Contractor agrees to indemnify and save harmless the Contractor and the Owner of said building against all damages which they or either of them may sustain by reason of anything to be supplied hereunder being covered by a patent not owned by the Sub-Contractor, and at the expense of the Sub-Contractor to defend any action brought against the Contractor or the Owner, founded upon the claim that any such thing, or any part thereof, infringes any such patent. The Sub-Contractor further agrees to indemnify and hold the Owner and Contractor harmless from any and all loss or damage which the Owner or Contractor, or either of them, may sustain on account of any claim, demand or suit made or brought against the Owner or Contractor under any of the provisions of the Workmen's Compensation Act of the state in which this contract is to be performed, by or on behalf of any employe of the Sub-Contractor, or by or on behalf of any person injured by the Sub-Contractor, his servants, agents, or employes.

THIRTEENTH.-The Sub-Contractor agrees not to sublet this contract, or any portion thereof without the consent of the Contractor, and that in the performance of all work herein contemplated the Sub-Contractor will employ labor under conditions satisfactory to the Contractor. The SubContractor agrees to discontinue the employment on this work of any of its employes who may be unsatisfactory to the Contractor.

FOURTEENTH.-The Contractor, or its representative, shall have full and free access to the shops, factories, or other places of business of the SubContractor, or the sub-contractors of this Sub-Contractor, in order that it may inform itself as to the general condition and progress of the work herein contemplated. No alteration shall be made in the work shown or described by the drawings and specifications, except upon a written order signed by a properly authorized officer or agent on behalf of the Contractor, and when so made, the value of the work added or omitted shall be com

puted and the amount so ascertained shall be added to or deducted from the contract price.

FIFTEENTH. It is further understood and agreed that should the parties hereto fail to agree upon the valuation of the work to be added or omitted, or upon the amount of any damages whatsoever, resulting from the default of the Sub-Contractor, or as to the interpretation of this contract, any or all of these matters shall be determined by reference to three disinterested arbitrators, one to be appointed by each of the parties to this contract and the third by the two thus chosen, the decision of any two of whom shall be final and binding. The Sub-Contractor shall, however, if required by the Contractor, proceed with all work in dispute, pending the result of arbitration as above. Each of the parties hereto shall pay one-half of the expenses of such reference.

SIXTEENTH-If so directed by the Owner or Architect, the Contractor may terminate the employment of the Sub-Contrac.or at any time, even though the Sub-Contractor may not be in default, and in such event shall be liable to the Sub-Contractor only for an amount to be determined as follows:-(1st) Actual cost of labor performed and material installed on the work, provided same are in accordance with the terms of this contract, the drawings and specifications. (2nd) Accrued premiums for compensation and liability insurance, but the Sub-Contractor shall not be released from any liability or obligation as defined in Clause Twelfth. (3rd) A reasonable sum to cover overhead expenses incurred in connection with the work provided that the work is accepted by the Architect and the Contractor. (4th) A sum equal to ten (10%) per cent. of the above costs in lieu of all profits. (5th) From the amount so determined shall be deducted all payments previously made, and all proper charges to the Sub-Contractor.

The Contractor shall have the option either of taking over all materials delivered, but not installed, and all material on order or under contract, provided same is free from all liens or claims of whatsoever nature, upon payment to the Sub-Contractor of the amount actually expended for `or on account of such material, the Sub-Contractor executing all proper transfer papers; or of directing the Sub-Contractor to dispose of same for account of the Contractor in which event the Contractor will assume the loss, if any, of such disposal; provided, however, that the materials in either case, comply with the specifications and terms of this contract. The SubContractor shall furnish the Contractor with detailed and correct records and copies of all costs, orders, accounts, statements and contracts. Should the Contractor and Sub-Contractor fail to agree in relation to any matter of payment referred to in this Clause, then such matter shall be referred to arbitration to be conducted as provided in Clause Fifteenth hereof.

SEVENTEENTH.-It is hereby mutually agreed between the parties hereto that the sum to be paid by the Contractor to the Sub-Contractor for said work and material shall be..

and that such sum shall be paid in current funds by the Contractor to the Sub-Contractor in monthly installments, as the work progresses, and the Contractor may require the presentation to the Contractor of a written certificate approved by its Superintendent, or by the Architect, to the effect that such payments have become due. Fifteen per cent. of the value of all work and material furnished shall be held back, however, and not certified until the time for final payment arrives as hereinafter stated.

The final payment shall be made within tl.irty (30) days after this contract is fulfilled.

Advance payments may be made by the Contractor if, in its opinion, the same are proper to aid the Sub-Contractor in the performance of this

contract.

If at any time there shall be evidence of any lien or any other claim of any kind or description for which the Contractor or the said premises might become liable, and which is chargeable to the Sub-Contractor or its subcontractors, the Contractor shall have the right to retain out of any payment then due or thereafter to become due, an amount sufficient .to completely indemnify the Contractor against any such lien or claim. Should there prove to be any such claim after all payments are made, the Sub-Contractor shall refund to the Contractor all moneys that the latter may be compelled to pay in discharging any lien or disposing of any claim made obligatory in consequence of the Sub-Contractor's default.

EIGHTEENTH.-Work on all material called for shall be started at once, in order that the Sub-Contractor may commence deliveries and start work at the building upon receipt of notice mentioned below. If the material herein called for be not delivered promptly, thereby causing or threatening to cause delay in the general progress of the work, the Contractor shall have the right to investigate the cause of said delay and expedite deliveries, and all expenses thus incurred by the Contractor shall be charged to and paid by the said Sub-Contractor. The Sub-Contractor agrees to co-operate with the Contractor and with all other sub-contractors with whose work that of the Sub-Contractor may come in contact, in order to avoid any conflict and insure a first-class, workmanlike job in every respect.

NINETEENTH-No assignment of this contract or any money due, or which may become due hereunder, shall be made without the written consent of the Contractor.

TWENTIETH.-This Sub-Contractor understands that the Contractor has issued orders prohibiting any persons from using the hod hoist to carry them to and from the various floors of the building, and agrees that it will not permit or allow its employes to ride on any hod hoist used in this building; and it further agrees that should any of the employes be injured while riding on any of said hod hoists or as a result of riding on said hod hoists that it will indemnify and hold the Contractor harmless from any and all damage it may sustain as a result of said accident or injuries, and that it will, at its own cost and expense, defend any action brought against the Contractor by any employe of the Sub-Contractor or his legal representatives growing out of said accident or injuries.

It is understood and agreed that whenever the Sub-Contractor shall use any scaffold, derricks or equipment of any other kind belonging to the Contractor, or hod hoist in said building, he shall satisfy himself as to the safety of said scaffold, derrick or other equipment or hod hoist, and hereby agrees to and shall relieve and hold the Contractor harmless from and against any and all suits or actions that may be brought against the Contractor for any injury or death to any person or persons or damage to property which may result from the use of the Sub-Contractor or his agent or employes of said scaffold, derricks or equipment, or hod hoist.

It is further understood and agreed that no one in the Contractor's employ has any right to grant the Sub-Contractor or its employes the right to ride on said hod hoists except the executive officers of the Contractor and then only in writing.

TWENTY-FIRST.-The Sub-Contractor shall complete the several portions and the whole of the work comprehended in this agreement by' and at the time or times stated below:..

LASTLY.-This agreement shall bind the executors, administrators, successors and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have signed this agreement.

[Signatures]

Form E. Contract between Contractor and Material Dealer

AGREEMENT, made this.........day of........ between.

designated the Sub-Contractor, and.. designated the Contractor, as follows:WITNESSETH:

..by and .hereinafter ...hereinafter

First. The Sub-Contractor agrees to remove all rubbish which the Contractor may require to be removed from the premises hereinafter mentioned, and to dispose of same to the satisfaction of the proper City authorities; said rubbish shall be loaded on the Sub-Contractor's trucks by the Contractor (or whomsoever it may direct), it being understood that the said trucks furnished for this work shall be of such size that they will be of not less than five (5) cubic yards capacity.

The trucks shall be furnished at such times and in such number as the Contractor may demand.

Second. The Sub-Contractor shall also deliver all the.... broken stone which the Contractor may demand for use in the construction of the building hereinafter described, which stone shall be of hard limestone, perfectly clean, and must be sized to pass through respectively, ...ring. All stone must be clean and if deemed necessary by the Architect.., it shall be hose washed as directed; said stone to be satisfactory to the Architect.., to the Contractor and to the Engineer in charge of the construction of the building.

Third. The Sub-Contractor shall also deliver all the coarse, clean, screened and washed Cow Bay sand which the Contractor may demand for use in the construction of the building hereinafter described. All sand shall be sharp and silicious, free from salt, loam or other impurities.

The sand required under this contract shall be furnished and delivered at such times and in such quantities as the Contractor may demand, and the quality thereof shall be satisfactory to the Architect.., to the Contractor and to the Engineer in charge of the construction of the building.

Fourth. The Sub-Contractor shall also deliver all the coarse, clean, screened and washed Cow Bay gravel which the Contractor may demand for use in the construction of the building hereinafter described. The gravel shall be free from salt, loam or other impurities and must be sized to pass through. ....ring.

« AnteriorContinuar »