https://haylibrary.cvlcollections.org/files/original/70190c682cd1bda2266b42598cb7cb69.pdf 28bad4b645c5fdddb2e784d845280eb7 PDF Text Text A q R E E 11 ~ N T bet .. n 100,LOOG LU1'..1B .11R COilPAllY TRW tmI<.Il PACIFIC COAL CO&i?A.Bl' Dat d~---lwMulwX~. •io~th...,_ _., 1926. Cov~ring construction ot Office Ew.lding and fi.111 ng station at • Rocle Springs, 'l)o. •. �THIS AG'8E'iflD!IEllrr, made and entered into this Ui ) t5th <la¥ of .Tull ,1926 1 ' by and be nen fjij,fbdd LtJIIBER COllPAiif, a partnership composed 1 of Samuel E. Kellogg, George A. X:ellogg and Gordon Jrorri s, [ all of Rock Springs, Sweetwater County, Wyoming, (hereinafter designated •contractor"), party of the first part, and TBE UNIOB PACIFIC COAL COJIP.ABY, a corporation of the State of Wyoming, (hereinafter designated "0wnern), party of the second part, : ' !I WITNESS:ETR that the Contractor, in consideration of -~ the agreements herein made by the Owner, agrees with the Own / as follow■: Article I. The Contractor ahall prqvide all materiJ, ~ al and furnish all labor, tools, appliances and other thinga I requisite and necessary, and shall construct, finish and com- j plete (except heating, plUinbing and electrical work) an Office Building and Filling ~tation at Rock Springs, Sweetwater / 1 County, Wyoming, in conformity with drawings 2000.3100-A I'. sheets l to 14, inclusive, and drawing 2000.3104 sheet 1, ~ specifications consisting o~ sheets l to 44, inciusive, cover--:/' ing construction of the Office Building, and sheets l to a, . inclusive, covering construction of the Filling Station, each i being identified by the signatures of the :Fhgineer for the \ Owner and s. E. Kellogg for the Contraqtor, which drawings an\ specifications are hereby by reference made a part of this cont_ract. an4 ARTICLE II• The performance o:f' the said work ahaU be done under the direct! on and supervision of the Owner I e Engineer (hereinafter designated •Engineer•); it being understood, however, that the Owner shall not be responsible for the methods selected by the Contractor for~the Cont:ra.ctor I s 11 own converd ence in performing said work. :r.ne decision of the : llngineer as to the true construction and meaning ot the draw• ings and specifications shall be final. Additional drawings 1: and apeci.fications, if necessary to detail and illustrate the 11 worlc t• be done hereunder, shall be furnished by the Engineer, . and the Contractor shall conform to and abide by such ad.di t1o~ al drawings and ■pecifications so far as they may be consist•~ :; with the purpose and intent of the drawings and sp 1 ci:ficationai I referred to in Article I. 1 iAll drawings and specifications prepared for the ! • purpose of this contract will be :furnished by the O,rner, at ! .,1 its expen■ e, and ehall remain the property ot the owner. I 11 !lle services of the Engineer shall be paid tor by 1 I, the Owner. TT .Article III. Bo alterations shall be made in the except on the wr1 tten order of the Jmgineer; the amount : to be paid by the Owner, or allowed by the Contractor bT :I Tirtue o:f such alterations to be stated in the said order. 11 i! work ! I !j I 11 11 j: -~ �11 1 xv. I .• Article The Contractor shall provide suf'/ ficient, safe and 'proper facilities at all times for the inspection of the work by the Jingineer; shall, within twentyO four hours after 1·ecei vins written notice from the Imgineer 1 to the.t e:tf'ect, ta...lte. down all po-rtione .of the work which the : Engineer !hall condemn as uns.o und an~ improper or ae in anr I I1 way fa11111g to conform to the dr~winge a.mi specifications; j and aha.U mo.ke good, al.l material and work damaged or destroye~ 1 fu~~~ • I I I Article Vo Should the Contractor at any time refus• ! or neglect to -furnieh a s,uff'ici~cy of properly sk;Llled work- I men, or .fai+ in any respect to prosecute the work wi~h promptl neas and 'diligence, or .tail in the performance of any of the 1 1 agreements herein contained, such refusal, neglect ox· failure I being certi!i ed by the Engineer, the Owner shall -b,e at . . , liberty, after six days• written notice tQ the Contractor·; to 1 provide any such labor or materials and deduct the cost· there..: of from any money then due or thereafter to become due .to the. Contractor under this agreement and if the :&lgineer shall , certify that such refusal, neglect .or failure is sufficient 1 ground for such action the Owner shall .also be at lib·ert7 to. 1 terminate this contract and to enter upon the premises and ~ take possession, .for the purpose ~f completing the ea.id. work, ~ of all materials, tools and appliances thereon, employing any other person or persons to finish the wo~k, and provi.de' I materials therefor. In case of such termination o.f thi~ con- I tract, the Contractor shall not b·e entitled to receive)m1 ' further p9¥D1ents under this contract until the work shall be fUlly fini~~. at whioh time, if the unpaid balance of the amount to be paid under this contract shall ~xceed the ex• · penae incurred by the 0,mer in tiniahing the werk, such oxces ehall be !:)aid by the OWner to the Contractor; but if' such ex, pense shall exceed such unpaid balance,. the Contractor .shall pay- the Owner the di!:terence. . • ' The expense incurred by the Owner- as herein provide , I; either for :runiishing materials or for finishing the 1t'Ork, a l I any damage incurred through default. shall be audited and ,! certified by the Engi. neer whose certificate thereof 1hall_. be 1: conclusi Te upon the pa.rti es" . jl • 1 I I ~ ·I I • I ' Article VI. ~'he Contractor shall gi Te peJ-scmal j 'j superintendence and ·direc,tion of the _w ork and keep a co:mpeten, fore1'lan ·1n charge constantly on the ground. l:! Article VII. ;he Contractor shall complete any i i! portion ~r por~iona of the work 1n au~ o:rd•r of time as the / may requir~. The Owner shall have the right ta take i poasea•ion of and uae completed or partiall7 completed por- : j tiona of' the work, notwithstanding the time for completing that 11 entire work, Qr auoh portions ma.v not have expired, but suah i i taking possession and use shall not be deemed an acceptance ! of the work as taken or used, or any pa.rt thereof. The work ' I ■hall be conti:nuous as far as practicable &nd the entire work !j lhall be completed by the 15th day of December, 1926. i; Engineer Ii I! �r 1 ~ ., I Article VIII. Should the "9ntra.ctor be unuaual;LJ' delayed in the prosecution or completion of the work by the neglect or default of the Owner, of ·the En&ineer or of 1• act, any other contractor employed by the Ovtner' on the work, or b7 any d.£.rna.ge ca.used by fire, lightning; earthquake cycl one • or by the abandonment of the work by the employe~ thr ough' no • default of the Contractor. then the time herein fixed for the completion of the work shall be extended on the ope~ific workj d•layed, and not on the entire work, for a period equivalent, to the time lost by reason of any or all the causes a.foreea.14~ whi oh axtended -period shall be aetermined and fixed by the • I Jinginter: but no 1;1uc.n allowance shall be ma.de unless a claim • therefor 1s presented i:i writing to the Engineer "1 thin twent7,• four hours of the occurrence of such delayo , J Article IX. The Owner f.i.grees to f'ur!lish all labor 1 s.nd materials essential to the conduct of this. work not in- I eluded in this. ccmtraet in auch monner a a not to materiallT delay i ta progress, and in event of failt.u:e so to do, thereb, causing loas to the Contractor, agrees that it -, 111 reirnburse , Contractor for such loss and the Contractor agreus that it it shall delay the progress of the r.·ork so a.s to cause loae or damage to the Owner, or loss for which the Owru,r Bhall become ; lio.ble, 1:he?i it shall reimburse the Owner :ro:r such loaa or I d.am.o.ge. . Article X. The Contractor, in consideration o~ , being awarded this contrao·li• and the payments to be ·made here• under by the Owner to the Contractor,' further agrer;, ~ to :fully complete, according to the pluna .:md apecific~tions, the Otti ce Building and Filling Station herein mentioned, on or bef"ora. the fit'teenth day of llocembor, 1926, and if the said Contractor shall fail to deliver aaid building to the Owner tully completed as .::1.foreaaid bl' ·lihe fifteenth day tJf December, 1926, then o.nd in that case the Contractor agrees to pay to the Owner an amount covering tha actual rental ptdd b¥ the • Owner per day :tor quarters because of not having the use and 1 ;' occupatio11 of sai<l building after :Oecember 15, 1926. Ii i: 11.rliole XI. In conai~eration of thecompleti:on of i the work herein described in conformity in t\11 1·espeots with 1: as.id drawings and specifications, and the :f'ulfil.Jllent of all I the covenants, conditions and agreements of the Contractor oon.-1.ned, to the sat1 a.faction and acceptance of the Ii:1 herein OT1Ber, the Owner shall pay to the Contractor the contract !i price of ninety-eight JGhou~and three hundred twenty.five t dollars s.nd ninety cents (~>98.325.90), which cohtra<:t priH 1 !, ahall hlclude all expense incl. dent to the personal. l>R4 :turniahed by the Contraotor hereunder and shall cover all , expense in connection with the entire Repello treatment mentioned on page 37 of the specif1catione and is br~••4 on th• : NMpletion of the interior :finish with plain sawed. whiJe oak i u ..-itioned on page 2'1 of the spec1:ticat1ona. to wW.cn oon:tn.ct price mall be a.dd•4 aaounts ba••d on the i'ollowina unit 1 pl'icea for s1 dewalk and curbs construct,d. by th• coatraotor Ii aa required by the Engined: I I' 1I ~ -~ �I I I 11 Ii /! I li'or al.l coment sid.ew•lk•, 5 in.r;hes thick, constructed by th~ Contractor, complete . • in plac• - - .. - .:. - • .. - - "I'. - ••· .. ~ ~er sq. :f'1;. For all oement ei dewa.llt$, 6 inches thick, constructed by the Contractor, complete in place - - - - - - • - ~ - - - ~ ~ ~30J( per ,q. ft.. For all 24-inch, concrete curb constructe4 . by the Contractor, complete in place - ao, per lin. ft The ae.id contract price, subject to addition• '£or sidewal1':e and curbs, shall be paid bf the Owner to · the Co.n1 tractor in current fu.nda and only upon certificates of I J.li:lgineer to the Owner es follows: I,I The Contractor ahe.11 furnish a comnlete schedule • P with amounts of money f\)~ the different items of the v"/Ork 11 which will l>e used as a bB.sis :!:'or estimD,t e:3. 1 The Contractor alw.ll ~lso present monthly requests 1 based on the ~bove sch~dule for items covered by actual exl ~.b or and uc..t erials. 1 penditure for The Engineer will issue El, sto.tement for vouchera e.t the end of aach month cove~ing eighty per cent {80%) of the 1 wo1·k completed during the month. Twenty per cent (20%) l!bal_l! be held until th~ completion of the contract. The final pa.y..l ment shall be m:.tde within 30 days after the completion of the! work included in this ag:ree.ment a.ud all payments shall be duel 1 when the certificates are issued. U at. any time ther~ sh:111 be e~.ridence of any lien I or claims for which, if established, the O,rnel\... of the sai(\ premises might becomo liable, !,!jlt!. which is . chargeable to the Contractor, the Owner shall have the right tQ rttQ.in out of a,,.:cy· payments then due, or thereaf'ter to become due, an e.moun: sufficient completely to indewnify it · ageinet such liens ~r claims. Should there proTe to be any claim after all pa.y.men1• ii.re made, the Contractor shall re1'und to the 0"1?ler all money that the latter may be compel.led to pay in discharging ·a117 lieu on said premiaas ma.da obligatory in consequence of the 1 Contr~ctor's default. • 1 ! Articl• XII. lt ie further :mutually agreed between the parties hereto that no ce~tificate gi-ven or ~eyment ma4-l under this contract, except the final certificate or final l payment, shall be concluoive evidence of the p2rfo~mance of l thio agreement, either wholly 01· in pa.rt, and no payment shall1 be c~nstr~ed to be an acceptance of the defective work. 1 It is further agreed by and between the parties h~eto that the Contractor shall make good all defects, omission• and.violations of the terms of this oontraqt wheneoever dis- : covered during the progrea• of the work and thirty days att~r completion, notwithstanding any payments that have been made ; or any- certificates thnt ha.ve been giTen, or any possel!lsion or acceptanoe of the work by t.he Owner, and eha.11 be responsible for aey damages that may be caused in :making good such defects, or omiaaions or violations. /i �Article XIII. The Owner shall during the progress of the work maintain insurance on said work in 1 ts name, againat loss or damage by fire. The policy shall cover all 1work incorporated in the work and all materials for the same lin or about the premises, and shall be payable to the 01'?ler. jThe Owner to pay the Contractor in full for his interest as may appear. I Article .UV. The Contra.ct or shall be subject to ,and operate under all applicable Federal enactments and those 1of the State of Wyoming regarding Employer's Liability, Workmen's Compensation and Workmen's Insurance and expressly i' covenants and agrees that the Contractor's employee engaged j 0n the work herein undertaken to be done by the Contractor are 1'not and shall not be treated or considered as the serTBllt ■ and employee of the Owner, and the Contractor hereby covenantatl and agrees to save and hold harmless the Owner from and agairu:1 any and all damages, claims, costs or expenses whatsoever, due to the existence of such enactments, and of any and all claims~ coats and expenses in connection therewith, under any claim of au.brogation provided for by said enactments or otherwise, and 1 also from and against any and all damages, claims, costs or expenses arising from or growing out of any injuries to or death of the :nemb era of the Contractor's firm, or any of them, or the employee of the Contractor or any other person whom•• ever, or damages to property belonging to any personswho•••ever, when such injury, death or damage · occurs recs.use of, or in connection with the carrying on and completion of the work to be performed by the Contractor under this contract, whether such claim are based upon a right conferred by the common la,r or by any statute; PROVIDSD, however, that the agreement of the Contractor herein to indemnify and hold harmless the Owner shall not apply as to injuries, deaths or damages occasioned by rea_aon of the negligent acts of an independent contractor rover whom the Contractor has no control, either direct or in• ' direct, or o.f the Owner, its officers, agents or employee, un, le■ • in e1 ther case there is concurring negligence on the I.! Jart of the Contractor, in which event the indemnity to be Itu.mi shed by the Contractor hereunder shall be in proport1 on I1to the Contractor'• negligence. 1 The Contractor further agrees, free of cost and expense to, and for the purpose of protecting the Owner, to take 1 4>Ut and carry insurance of such kind and amount. as in the I l Judgment of' the :Engineer, will enable the Contractor to carry , out all the provisions of this Article XIV hereof• on the bas~ of any and all legal enactments in regard to Employert ■ i Liability, Workmen•• Compensation and Yo.rkmen'e Insurance. j Upen settlement of any sui t.s or claims arising hereunder the Contractor shall secure a release to the Owner from. 1, all 11 li>ility in connection therewith. • The Contractor further agrees that in case of suit . against the Owner for damages to persons or property occa1iomcl through the work eovered by this contract that the Oontraot•r I :hereby waives notice to come in and defend and agrees to be bound by the amount of the recovery in such suit. I' I -~ 1 1 1 1 11 I! �.Al:'ticle xv. The Contractor shall :furnieh a per1onal bond satisfactory to the Own~r -to the a.mo~t . of forty-nine thousand two hundred d~llars ( $49, 200 .oo) to pre>• tect the Owner against failure of the Contractor .t~ fully . p er::f'orm the covenants of this contract. • Article XVI. This agreement shall be binding upon . I and inure to the benefit of the Contractor, the Contraotor•s II legal represent a.ti ve1, heirst executor•, admiriistratora, successors and aseisns, the owner and its suc~essora and ' assigns. ~-. IN WIT:NE$S WHEREOF, the pa.rti es h.ereto have caused ·this agreement to be executed in _d uplicate as of the _04te .first herein written. 1 Witness t KEJ.T,OllG LtJ)(BER COMPANY, isss> M. s. TQB By (83d) SAHP!Qi E. ,ssdl u1 s. wmm (Sgd) M. s. WEBB By (Sgd) GEO. A. KEJ·\,OG . i»ar ner. •fflifg Jar.Pr BY, (Sgd) a., o, VOBRIS. ;)ar\ner . . THE UNION PACI.FIC COAL COMPA!lY Witnes·s : <s8 4l A, R. llcOARE (Saal) Approved as to form: (Sgd.) J'OBli A. BEDEWITZ, Approved aa to· execution: • , Attest: (Sgd) c. B. !!ATTHAI, (Sgd)· ,TORN A. BENNEWITZ1 Cont. Ai;-.;;y. Aa•t. seot7 UPBoal co. I· �IllDlilmITY BOND DOW ALL KEN BY THESE PRESENTS: -1. That we. - Samuel E. Keil.egg, ·_George A. lt@llogg and Gordon llo:rris, partners doing busine.a s under the t'irm name and style of Kel.l.Qgg Lumber Compa.nyi of Rock . Spx·ings, Wyoming, o.s prinoipale, and JQhn w. Hay and w. H. Got.tsohe, . both of Rock Springs, ·Wyoming, as Sureties, are held and firmly bound unto The Union Pacif'i.c Coal Company, Oblige• herein, in the penal sum of forty-nine thQusand two hundred dollars ($49,200.00) to be prrl.d to the Obligee, it ■ •. • • eucceaeors or a.ssigne, for the payment whereof we» and . 1 I tJiUlY to be made we jointly and severally bind ourse1ves, • our heira, axecutcra, administrators, successors and a.Baigns j,I :firmly by t:iGso preeents; WHJ.iITilllAS, the Principals have entered into a written contra,ct 4a. ted the 15th day of .JulY , 1926 w.ith the Obligee for the construct ion of e,:a75ftic• Buil~ng !,I l and Filling Station in Rock Springs, Wyoming, U11der the 1 I terms and conditions set out in said contract, acopy of which is hereto attached and made by reference a part hereof; I l . NOW THEREFOBE, the condition of the above obligation is ouch that if the Principals, their hairs. executoro o~ adi-ru:ni strntors, shall faithfully keep and pert"orm m. thin the 11 time and in the manner specified in seid contract all .and ·1 singular the conditions, covene.nts and agreements in s~id contract contained which are to be kept and perforMed by .said Principals, then this obligation to be void, otherwise to remai:n in full fo1~ce and effect. • I IN WITNESS WHEREOF, this instrument has been execute this 30th day of July. 1926. Wi tnees: (Sgd) SAMUELE. KELIDGG, s. WDB •• s • UJm (Sgd} J( . " • •• s• WEBB ft. GEO. A. RJH:9®:, isrtners dong busine1a .under the firm name of Kellegg Iumb er Company. I I I l I I Witnese ~ (sg4) c. ELIAS " a. EJ,JAS • (Sgd) JOD W. HAT. Surety- • � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Agreement between Kelogg Lumber Company and The Union Pacific Coal Company Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1926-07-15 Subject The topic of the resource Agreement terms, conditions, Kelogg Lumber company, 1926 Description An account of the resource 11" x 8.5" blue folder with black text. Agreement terms and conditions between the Kelogg Lumber company and the UPCC. Some pages are faded may be hard to read. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource The Union Pacific Coal Co. Identifier An unambiguous reference to the resource within a given context 1-0054 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.