HomeMy WebLinkAbout1906-040 Agrmt - EE Phipps - District No 5 Sewer
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AGREEMENT.
For constmct on of a sever La sewor district number 5.
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Tilis gsreement r~naae tis 1su. day of Novet~ber, 1906, '~Y and
6tween the city of As!lland, a municipal corporation, party of
the first part, and F. E. Phipps, contractor, party of the second
• part , WITNESSETH :
THAT 7NH - EAS the said first party has heretofcre deemed and
adjudged it expedient to cdnstruct a sewer in mvhat is designated
as Sewer Di strip; t Number Five;
AND ITHEREAS the -,proy,file, 1 plan and sipec:~.ficatiens for such
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see°rer ~iav ?ti?tA d try he City Engineer anu filed in the offic
bf the Cit; RIJkJOr~:~r, c~il!a% s4,r~r; :ply approved by the Mayor and
Cow-.on Council of the saiCi:- City ;
AND THE`'EAS the CofA(!io Council and the said Mairor dice
cause notice to be published invitirF bids for the construction
f the said server, a printed co-ry of such notice for bias being
ereto attached and made a part of this contract, together with
the profile, plans and specifications therein referred to;
AT\!D YMAEREAS ~Yi pul suanc:e . ~~Ai~ cJ l for bras the said
second party dint make and file with ►he sa.icI City Recorder a
did for the furnishi-%,o- of all the material for and the censtnac-
tion of the said sewer agreeable to- said plans, profile and
specifications ank'A form and- Y.:nan-ner of payrient therefor, for the
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sum of $1769:37
AND WHEREAS the said. ~coCid party was adjudged by the said
Maimr and Como-n Council to be the,best and owest ridder in the
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iremises, and he havirig filed his certified check as required' in
said. notice; , the contract to furnisxl all the materials for and
to constnict the said sealer was duly awarded by the said Co.e_anon
Council to the said second party, which contract embraces the
man-holes and lamp-ilo? es called for in the sc-.-id Plana and speci-
fications, the sane as the sexier itself.
XJ_O,a d _k_r ~ 1 s~,~-,~ l~.o-ems C-„
TaOw THEIR + RE , the said second party a6rees with the first
party that fle will constr)c - said, seder, lar-yrp-holes and man-
holes, and -furnish all the - aterials therefor, timely and in
a =7ood and first class -oanner, the sewer to be of the usual
vitrified sc.-,x-vier tile, and the bricks of Sood thorou6h burned
quality, and to do all the-reof, and furnish all t►lereof subject
to the ap~~roval of the City En,Gineer, or some other suitable
erson to be apfointed for that purpose by the Common Council of
Y.
the said City, Qt the proper':Jy owners along the line of the said
Sevier District
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Oecial, reference is mace herein to the planet, profile
and specifications ar.roved by the Coinnon Council aforesaid and
they are deemed and considered a part, of this contract
Special re 'erence is also macle to the call for bids hereto
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attached al-ld it slla.l l "he a ;Dart of this contract, and it
is expressly a;,ref,ct t' at al "t we materials and r
of compensation shale conform thereto .
IT IS 1JTR HER A 'REED that t 1he said first party shall pro-
cued , without any u-rznecessary delay to cause to be levied again!-.
the property benefi t ted by the said sewer, special benefit assess.
ments and proceed to collect the same as rapidly as possible,
and in an arnount that shall be amply sufficient to pay the con-
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t -racl price of $ 1769.37 aforeaaid' .
No pipe shall be covered until the same shall be approved
bit the City Inspector, but he mast exa°-.ine the same as often as
convenient, and either a.p-,orove or desigg.,Ia.te uny defects therein
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as soon as practicable and at least. vLl en every fif`tb ~ ee+ are
laid
When the 'work and. material on arty section shall be app roved
by the serer inspector t)he same shall be covered as soon as practi-
ca.~:le .
T e cork shall be coy-Ya,enced a s-on as practicable and
shall be corripleted by the fifteenth day of Decer_~,ber,l X06; and
on failzjre to complete the same the second party agrelu to for-
feit Five( $5) dollars per day to liquidate damages for the fail-
ure to conrple+e the scarce within the said time .limit , it being
understdod tilat tl: e time of completion is extended beyon(f t1ie
time called for in said notice by failure; to prepare contracts cn
the part of the City.
The second party assumes all responsib:.lit~i.eS for dar~2ages
by the elements and frog, any unforseen obstruct-ions that may pcc,;.r
excerpt suf.-,s or injunctions 17.,hich sha:1.1. suspend any and alf.
damages v,,'Ii'Lle in forGP, .
The Second party Shall put up and maintain such barriers
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and signals as will effectually prevent any accident in conse-
quence of enba.nkrents, materiels and excavations, and they shall
be liable for any and' all accidents occasioned by their negli-.
64nce, of that of their agents, servants and employes.
Defective and c onder_m ed rr~at e rJ.a l riu st be removed from
the line of sewer .
Care mast be taken to p. o,E:ct the water pi1pes, and in case
tle s ,-,,,re , or any of tin-e271 ire c#.arraged by the second party the
second I arty shall rep=air tAr .e samre at his ol,.m expense
The contractor s,~al:l, ,;here prac-I icable, ,.ake suitable pro-
visions _~'or the s«f*e and free passa e of persons E4nd veL.., s by,
or over the work when in j,~°oL ress of constmetion of ±.'se se,,,,mr
and larrp holes and man-holes ~andt refil_l.irg .
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The proVilior_s and specifications rel a - rv to oen cut
work my be waived by the inspector where open cut is not
practicable,
CITY OF ASHLAND
B , ` _ _ r._
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CITY -A SHLE~`ID
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SPEC IFICATI ONS.
For se v r in Sc:~wr Bistr.-iLct No. of Ashland,
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I Excavation
ALL excavation shall be done by open cut from the surface
except ~rfren monuments are to be preserved, and sl' -1a1 l be tVYV
( ) feet wic v, or to be excavated one (1) foot on eac:, sire of
t he center 1J..rev of the sewor .
The contractor shall at pis ovzi cost the trenches
s'ree fro?ri water dur rL the pro"ress of the work .
Excavated material must be so placed as not to 4 ntoricy:e lxT~.t, E
travel on the strec?t ot- to inco-,rn.ode occupants of adj cinin~; pro-
.
Trenches s all not be opened more than two hundred (200)
f o ct in advance of' trse laying of the s ei. r.
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Back!" i1..1 1r!
Backfill-i:g shall follow close after the cons tri~ct ion of
the sewer, and in jo case be more than one wad-ad (100) feet in
t`ie r e .r .
aThe fillip-.g of the eartr around and on tol; of the sewers
shall be _one Vtith the u trr!ost care, and ~.n a ~T.nrner to obtain
tie greatest cairlpac t-less arid. soldit; possible .
For that purpose the eO:r1W'-i shall e laid and rwa_god in re`;ui ar
layers not more than one (1) foot thick, up to the surface of
tf-le street, or thoroughly soaked with ilrater, as may be directsd
All work of restorinthe surface of the streets and alleys
shall be done to the satisfact.on of tf e street cor_inissioner
innediately after the se '7s~r is laid If nat so carne wit 11n
10 days after the notice, the work may be done by the street
con :gissioner and the cost thereof shall be paid by contractor;
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ana in default of payment, the cost may be reuained by the City
of Ashland, out of any rsioney that may be due the contractor
under this ecrtru.c t ,
The price paid for earth and rock excavation shall cover
the-whole cost of excavating the trenches and refilling the
same with earth, restorirC the street and hauling amy the
surplus material, if any, as well as the whole: cost of pX -
iz,,, balling, pla.rkiri; and shorirC- , excepting such planking as
may be left in by express orders.
Brick: .
All the bricks used shall be of uniform texture, hard,
burnt entirely through f'r;E from lirrie or other irnpuritiee. that
gill affect them in ~Jat er, and shall have straight edges and
square angles Broken bricks- must not be brougsit on the
ground, and such as Care broken afterviards in handling small
be used only in raking enclosures or as shall be otherwise
specially directed, The bricks are to be culled as they are
brought on t1he grciand, and all bricks of improper quali L y
thrown out and removed. from the ground The cullin is to be
cone at the exrer?se of
the con'` ractor, who shall furnish the
inspeatc;r wit '.1 he men for this and sinilar purposes when revi-
red . The 'cricks shall Ce clc;un and thoroughly wet just before
being used unless otherlaise specially directed .
Every brick shall be laid with a push j cint ; that is, by
placing s,,a s'ficient ~norta.r on the bed and forci_r..g the ►~,rick into
it in such a r_an er as to thoroughly fill every joint, whether
on the bottom, side or end of the brick, with mortar .
The joints shall be made as near as Poss.Lble of uni i"OITI
thickness,ct exc(cding three--eig,ts of an inch .
Cement Mortar .
Mor%ar shall be composed of one (1) part Portland cerrient
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mixed in a, c ry state i~ 1~ h t ac (2 putts clean sand free from
loan, the entire; quant ity of water to be added, and the whole
mass thorovUhly incorporated .
Mortar shall only be mac'-.e in batches for immediate con-
sumption, and none used that has begun to set .
The cer:.ent used v^..11 be Alsen, or some other equally as
good Portland cement. The S"-nd usod. must be clean , sharp
sand, not to fine, and free from pebbles The water used must
be clean fresh ,,vat er .
Al:l ~a holes axld larrp~-doles shall 'he constructed acct rda.r
to glans can file in the City Recorder's ofico .
Pipe Sewers .
Fach pipe is to be laid on a firm- bed and in perfect con--
for~:iality Sri -h the lines and levels given . The bottom of the.
trench must be shaped so as to fit the lower half of thepipe
as nearly as possible , j°:i :is -:laces cut Ct the joints for the
sockets to zest in, so that the pipe sl~a l 1 have a uniforin-1
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bearing on the ground from end to end t
TIe pipes shall be j cinted 'key filling the pockets with a
j M0-(t-.r of p i e cement without. sand, with only eater enough to
give it a. ";.,roper consistency . Great care trust be taken to
make t' e joint thrcuthout the lover tsiree-fourths of the pipe
perfectly water tig 11t . The ,upper one--fourth of the joint
when so directed shall be left opren .
The interior of the pipes shall be carefully cleaned from
all dirt, cement anu superflou.s traterial of every description,
and a wad made of a sack -Filled with hay, lame enough to fill
the pipe and attached to a rod or cord, shall, at all times
be kept in the pipe u.nd C,],:°C; V,7n fore and as the ocrk proceeds,
ca-.-o bei I~ taken not to loosen the joints .
Aft :r the pikes are properly laid anc~_ j cineci, any space be-
tween there and the sires of t, le excatation r_-fust be filled
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wit' sand, e L er was'~ed in or well ramned, up to tree middle
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of the From this int for at least twelve (12) inches
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above the top of the pipe . as the earth shall be fill ed in
so as not to disturb the pipes, and thoroughly rammed , after
f1hich , up to the surface, it may be either rain ed' --n layersr,
or thoroughly soaked with water as may be directed, so that
the least possible settiire will take place after the viork is
coLffpleted
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NOTICE.
Ail bid-i will be baQNd on the follnw-
PROPOSALS FOR BIDS ir`g rii fo estimate of quantities
a►,d mateate►•ial for Sewer District No. 5
to wit: •
TO ' CONSTRUCT SEW- Excavation and 'refilling, 980 cubic
yards.
ER IN SEWER DIS- Laying and furnishin, 1:18 lineal feet
of 8 inch pip-.
TRICT NO. 5. Laving and ftirriishing 2353 lineal feet
Of 6 inch pipe.
The plane, profile and specifications for Num her of 6 4 Y branches 85.
Sewer District No. 5 being now on file Number of 8-4 Y brancho-s 3.
in the office of the City Recorder of the Number of Manholes, 6. r
city of Ashland, Oregon, and approved Number of LampholP3, 4,
by the Common Council of said city, Th+se amounts are approximate o-tly
now, therefore sealed bids for furnish- and the city 4 Ashland roL ervr-s the
ing all material therefor anti installing right to int-rease or diminish the same
the Sewer in said District No. 5, com- as the Common Council of said city may
plete, according to Such plane and deem necessary can basic rare of- com
specifications, will be received.bv said pensation as in the general contract.
recorder at his office, Ashland, Oregon; here a less number of Y branches
until 6 p. in. Saturday, the 20th day of arc- used than herein specified the city
October, 1906. must b,- crediied iri the settlement with
Bidders must examine the location of the Contractor with the difference be-
said sewer that - no misunderstanding tween the east of Stich Y branches and
may exist. All bids must state plainly pipe.jointe of like dimensions and char-
the full contract price and be eiwned by 1 after.
the bidder and be acc,=mpanied by a I All bids must be made with a view to
certified cftevk, payable to vie City ok completely installing the System prior
Ashland. for tale sum of $400. to December 15th, 1906, under a liqui
In ca-e any bidder Should he unSuc- dated penalty for damages of five dol-
cessfui, tt,e check will hN r4nrnea to I lars for each day of delay beyond that
him, hur. in ease the contract is awarded period.
to anv nid&r and ho should thereafter I The Council reserves the right to re-
fa,l to enter into a contract as herein- jest any and all bids.
after specified, then such check Shall be- Contract price is to be paid from the
forfeited to the said city as ligtiidated assessments for special benefits of said
damages for each failure. Sewer District No. 5.
The person or persons t•) whom such All bids should be addressed to the
contract irA awarded Shall within five City Recorder, ALshland, Oregon, and
days after notification, Sunday exelnded, marked Propr,eals to construct Sewer in
exo-cute a contract to conttruct, Such District. No. 5.
sewer according to the plans and spi,eifi M. F. E,GGLESTON,
catio^s and file with the City Recorder City Recorder.
art approved hond in tho amount of ttte Dated Ashland, Oregon, October 10th.
contract price for the faithful perform- 1906.
ance r►t the contr rct.
Record-,~.r's Office, City of Ashland, Oregon.
Nov. 1, 1906.
Tiae forego ice; is a tme copy of the call for bias for
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tale construction of the sewer in Sever District plumber 'JAA9_ ,
issued- front the City Recorder's Ofice, in Ashlars , Ore on,
Oct. 10, 19060
Citi. o er.
MEOW
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KiTOw ALL MEN BY THESE PRESETTTS,Mat E. E. Phip-_)s, s
r:~n :spa l anti
as sureties, are meld and ' bound unto
the City of A; land, Oregon, :ire tr-e sure of Onf Tr~otaSa~I(I,Two
Hundred doll.ers , lawflul money of the- Unite, States, for the
payi.(,ient of which we respectively bind ourselves our respective
heirs and assigns, firmly by these presents .
The condi45ions of whis obli.gaticn are such , that whereas,
the above--narr~ed principal, E E. Phip s has entered upon a ~on--
trac t with the City of Ashland, Oregon, viller'ein he agrees to
furnish the r_iterial for anti construct the sewer in Sevier Dist.
Number Five, in said City, and the man-holes and lamp-holes to
pertain thereto, and. according to the plans, profiles and
specifications and to furnish , do and perform the same on or
prior to December 15th, 1905, aild do and furnish all thereof
for the sum of _7693? And whereas tIle said princ ipa.l
agrees to pror erly salcCpard his works and pay all damages
that may be caused by himself, his agents and employeeu by rea-
son of any carelessness or neglect .
NOW THETPEFORE, if the said principal si all ~.iel_i and fait 'A
fully perform his said contract and keep and maintain the same
inviolate, then these presents shall be void, otherwise to be
and rerna.ln in full force and e infect Done 1st day of
November , 1906
Done in presence of r
(SFaAL }
(SFAL )
(SEAL)
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State of O regor
sss
County of Jackson,
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being; duly sivorr_ say, oac'r-^ for.
hlrnself: I a_r one of the sureties on the foregoing .ion-
I a:m `io rth the sum of One Thousand, Two hun"ired ( $ 1200)
dol lass above my debts and liabilities and property exempt
frorii execution
Subscribed and sworn to this
lst, day of Novembe r, 190
City Reco Ashland , Orel; n.
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