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A resolution to provide for the construction of a jail for the County of Baker at the town of McClenny, State of Florida, to make the contract therefore.
SEC 1 Thereas it is now necessary for the County Commissioners of the County of Baker should provide a suitable jail, therefore be it resolved by the Commissioners of said Baker County, Florida that the plans, specifications addenda prepared by F.M. Dobson & Company for the jail as identified by the signature of the Board by and the same is hereby approved and adopted.
Sec. 2. Be it further resolved by the Commissioners of Baker County, Florida, that the proposal of said F.M. Dobson & Company, which was the lowest and best bid submitted, after the legal advertisement for the erection and construction of the said jail for the said County of Baker, at the said town of McClenny, be and the same is hereby accepted and adopted and the price agreed upon fixed at the sum of Seven Thousand four hundred forty and no/100 dollars, There so shown in proposal and subject to such conditions and deductions and deductions as provided for in the proposal and as may be provided for hereafter by the terms of the contract made in pursuance hereof and said plans and specifications and addenda have be filed in the office of the Commissioners of said County, and are identified in duplic?? By the signatures of the Commissioners of the County of Baker and State of Florida, and, F.M. Dobson & Company, are hereby approved and adopted.
Sec. 3. Be it further resolved that the work erected on the west central part of
Block #58 McClenny, Florida. And a place assigned by the Commissioners.
Sec. 4. Be it further resolved that the contractor and the Commissioners for the County of Baker and State of Florida, shall make their acts in connection with this contract conform with the laws of the State of Florida, and in the event of the question arising as their having done or as to their power and should there be suit or injunction or other wise respecting these acts or matters respecting the making of this contract, the County shall pay all costs recurring to
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Defend said suit and acts that may arise out of the same and the contractors shall be held harmless.
Sec. 5. Be it further resolved by the commissioners of Baker County, Florida that the contract between the said County and the said F.M. Dobson Company for the erection of a jail of said County as herein below set out be and the same is hereby approved and accepted by thie Commissioners of the said Baker County, Florida, and the Chairman of the Board is hereby authorized and empowered to sign and execute said contract and for said County contract.
This agreement made this the 4 day of January, 1910, by and between F.M. Dobson & Company, party of the first herein after designated the contractors, and the County Commissioners of Baker County, Florida, acting for said Baker County, Florida, party of the second part hereinafter designated as the ----- ----- that the contractors in this consideration of the agreement herein made by the owners agrees with the said owner as follows:
Act. 1. The contactors under the directions of Supt. Acting for the purpose of this contract as agent for the said owners shall and will provide all material and perform all work mentioned in specifications the addenda and the proposal are hereby made part of said specifications and this contract. Said specifications are also made a part of this contract and shown on the drawings prepared by F.M. Dobson & Company for building the new jail at McClenny, Baker County, Florida, which drawing and specifications are identified by the signatures of the parties thereto. Should the contractors at any time refuse or neglect to supply a sufficiency of properly skilled workmen called for in the contract the material or fail in any respect to prosecute the work with promptness and diligence or fail in the performance in any of this agreement herein contained, such refusal, neglect or failure being certified by the Supt. The owners shall be at liberty after thirty days written notice to the contractors to provide any such labor and material, and to deduct the
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from any money that is then due or thereafter to become due to the contractors under this contract, and if the Supt. shall certify that refusal, neglect or failure is sufficient grounds for such action, the owner shall be at liberty to terminate the employment of the contract, or for said work, and to enter upon the premises and take possession of all material, tools and appliances, thereon for the purpose of completing the work comprehended under this contract to supply any other person or persons to finish the work and to provide material therefore and in the case of such discontinuance of the employment of the contractors, he shall not be entitled to receive any payments under this contract until this said work is wholly finished at which time if the unpaid balance of the amount to be paid under this contract shall exceed the expenses incurred by the owners then the same shall be paid to the contractors, but if such expenses shall exceed such balance, the contractors shall pay the difference to the owners.
Art. 3. It is agreed and stipulated that the general intention of the plans and specifications, is that the entire work, labor, and material shall be executed in a practical workman like manner and the contractors agree to fully and faithfully carry out any and all orders given them, or his servants by said Supt. Which are in accordance with said contract. The contractor shall have the right at any time to call upon the Supt. for such orders in detains, drawings, directions, or explain any conflict between said plans, specifications, addenda, proposal, to this contract; and when he has received same he will, upon the erection, be in full compliance with this contract it shall be the duty of the supt. to inspect all labor and materials as the work progresses, and the acceptance or rejection resulting from said inspection shall be final. It is the intent of these stipulations, that when the contractors fully complied with the directions of the Supt. then the contractors shall be considered to have fully compled with their contract.
Art. 4. The contractors shall bear all losses resulting on account of the expense to the building caused by rain. He shall
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take all necessary precautions to insure against accident or injure to person or persons employed in the work and shall indemnify and save harmless thereafter the county from all charges or claims resulting from any person or persons being injured by neglect of himself or his employer as well as for all claims for patent rights for material used in the building, the contractors shall give such personal supervisor of the work as shall be necessary to carry it out promptly in the time set for in the contract. During his absence he shall at all times have a competent man in charge to whom the Supt. may look for the proper execution of the Contract, if in the opinion of thr Supt. such representetives are not fully competent ot fail to carry out instructions he will notify the contractors of this in writing and such person shall be immediately relieved and a competent and satisfactory man employed in his stead.
Act 5. It is further agreed that in case of the party of the first shall abandoned the work the owner is hereby authorized and empowered to pay any labors whom may have been employed by said party of the first part upon the described work out of funds remaining or becoming due the said party of the first part under this contract upon the certificate of the Supt. And in every such case, the Supt. is authorized and empowered by hereby to ascertain the amount or amount due to such labor or laborers from from the party of the first part and the amount so found to be due and owing to such laborer or laborers and sufficient amount of any ultimate may be withheld from the contractor until all claims for material and labor on this contract shall have been satisfied.
Art. 6. It shall be the duty of the Supt. as the work progresses to inspect and accept or reject any and all materials on the ground to be placed in the building, or any work done on said building or any working drawings made for such building and the same shall be deemed
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general class of this building and such as is in general use for a building of this kind.
Art. 10. It is understood and agreed and stipulated that the party of the first part shall make all their acts in connectionwith this business conform with the laws of the State of Florida and in case of any question arising as to their having done so and there should, by suit, by injunction or otherwise respecting the acts or the prosecution of the work, or the making of this contract, the party of the second part shall pay all cost of defending suit and all cost that may arise from same without cost to the contractor.
Art. 11. It is further agreed and contracted that the party of the first part, F.M. Dobson & Company for the erection the jail in accordance with the contract and proposal as indentified and price and sum of Seven Thousand four hundred forty dollars ($7440.00 (as set forth in proposal and herein provided for in case of changes). payable on monthly estimates to be made the first Monday in each month, said payment to be not exceeding Eighty per cent of said estimate. It being expressly understood that this contract price for the material and work as aforesaid is subject to such deductions and to such additions as are and have been provided for in the proposal and in case of additions of materials at work at unite price in proposal, said proposal being hereto attached and made a part of this contract and if there are any such additions, to this price the same shall be added to the contract price, and in the event there shall be deductions as elsewhere provided for in this contract from the above named contract price, then the deduction as agreed upon shall be made from the contract price. It is expressly agreed that the initial price set forth in this contract is subject to and hereby contracted for the addition of any or all items, in proposal, or any mark of unite price set forth in proposal and upon
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completion of the building the final contract price shall be determined by adding all the work that the unite price set forth in proposals.
All additional work in connection with said building is hereby contracted for with the contractors at the unite price named in the proposal.
Art. 12. It is stipulated, agreed and understood that the approval of the work by the Supt. and the acceptance of the same shall be taken and treated as a complete performance of all the terms of this contract by said contractors.
Art. 13. The contractors shall hold and retain possession of the work until paid for in cash or warrants as are herein before provided, if at anytime there shall be evidence of any lien or claim for which if established, the owners of said premises might become liable and which is chargeable to the contracts, the owner shall have the right to retain out of any payment the due, or thereafter to become due, an amount sufficient to completely indemnify them against and such lein or claim, should there prove to be any such claim after all payments are made, the contractors shall refund to the owner all that the latter may be compelled to pay in discharging any lien on said pre,ises may be obligatory in consequence of the contractors default, provided however that should there be any claims against the property either by lien, or other wise, the contractors shall be entitled to payment upon their giving a good and sufficient bond to the owner that he will hold him harmless and fully satisfy and discharge all liens for material furnished or labor performed for said contrctors in or on said structure or building.
Art, 14, tt is hereby agreed and understood, that the contractor herein shall have the right to assign and transfer to any person or persons all rights, privileges claims or demands against the County of Baker, assuring to them by virture of this contract arising out of this contract and the subordinate and transferee or assignee in the same manner as said F.M. Dobson & Company would have done subject to all the provisions of the foregoing contract.
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Art. 15. The said parties for themselves and their successors hereby agree to the full performance to the covenants herein contained.
In witness thereof, the parties to these have hereunto set their hands and seals in duplicate, the day and year above written.
Attested by T.C. Carroll
J.D. Powers
F.M. Dobson & Co
Party of the first part
J.R. Barnes SEAL
S.E. Dobson SEAL
J.H. Manning SEAL
T.J. Alford SEAL
F.B. Crews SEAL
