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1950-04DIXIE TANK & BRIDGE COMPANY MEMPHIS, TENNESSEE Contract for Cleaning And Painting And Extension Of Warranty And Guarantee This contract entered into for cleaning and painting and extension of warranty and guarantee by and between Authorized Agent Board of Trustees Clermont, Florida hereinafter known as First Party and the Dixie Tank & Bridge Company, Memphis, Tennessee, hereinafter known as the Company. WITNESSETH: 1. The Company, by previous contract with the First Party, dated 10 March 1946 & 12 March 1946 repaired and painted the water tank belonging to the First Party located at Clermont, Florida and guaranteed or warranted such work for five (5) years under the Company's Standard Form of Warranty and guarantee issued to the First Party. 2. The Company agrees to do the following described work for the First Party on said water tank, to-wit: (a) The Company will rig, clean, and remove all loose rust, .if any, in the tank, for the sum of $ 150.00 The First Party will furnish electric current to perform this work. The Company shall have the right to install outlets in the tank for ventilation and cleaning purposes. (b) Company will furnish all labor and material to paint the interior of said tank with one (1) coat of Dixie Asphalt Tank Reliner for the sum of $ 350. 00 . This paint will pass Federal Government Board of Health tests as being tasteless and non-poisonous, will expand and contract with heat or cold, will not chip, crack or peel, and will resist electrolysis, alkaline, iron and other minerals that are in the water. Water can be put in the tank 24 hours after painting. (c) Company will remove all loose rust and paint from the exterior of the tank, apply one (1) spot coat to all bare metal, and apply one (1) complete coat of paint to the exterior of tank, tower, riserpipe, all from the foundation up, for the sum of $ 300.00 . All exterior paint is to be furnished by First Party, but the quality of the paint furnished by First Party is to be approved by the Company. 3. Company will notify First Party as soon as the Company can convetiiently do so of the date work under the contract will commence. However, such notice may be given by the Company's crew when it arrives to perform the work, and this, it is specifically agreed, shall be sufficient notice. First party agrees to drain tank within twenty-four (24) hours. after being notified that crew has arrived. 4. It is agreed that First Party shall pay Company at the rate of thirty dollars ($30.00) per crew hour, which shall be in addition to the sums set out in (2-a), (2-b), and (2-c) above, for waiting time, such as: waiting for tank to be drained, waiting for payment after work is completed, or any other delays which may be causeed by First Party. It is agreed that waiting time will not be effective for 24 hours after First Party has been notified crew has arrived. The waiting time is to be computed at the rate of eight (8) hours per day out of every twenty-four (24) hours as defined by a calendar day. 5. The Company specifically requests the First Party to have its inspector in the tank at all times while work is in prog- ress, and First Party agrees to notify the Company of any defects in workmanship and materials used, if any such defects shall arise while the work is in progress, or during the period of the guarantee heretofore mentioned; and the Company agrees to make all proper adjustments within a reasonable length of time after such notice, all such proper adjustments to be without cost or further obligation on the part of the First Party. 6. The Company agrees to furnish all necessary tools and equipment, and agrees to carry full coverage of Workmen's Compensation and Contractor's Public Liability Insurance, and agrees to furnish verification to the First Party that such in- surance policies are in force and effect if the First Party shall request it. 7. The First Party shall pay to the Company, upon completion of the work agreed to be performed, the sum of $ 800 .00, which shall be in full for all work performed and agreed to be per- formed by the Company under this contract. 8. The Company after payment for the work performed under this contract will guarantee or warrant all paint and ma- terials used under this contract for a period of five (5) years from the date such painting is done under its Standard Form of Warranty and guarantee. Full compliance with this contract by both parties shall operate to extend the warranty and guarantee and inspection clauses of the previous contract mentioned in paragraph (1) above for a period of five (5) years from the date the work under this contract is completed. 9. The Company and all workmen employed by the Company shall conduct all operations in a clean and sanitary manner. No nuisance shall be committed in a tank; the workmen shall either use proper waste receptacles or leave the tank whenever necessity arises. No one shall work in a tank if he has been under a physician's care, or has needed a physician's care, within a seven-day period prior to entering or working in the tank. No personnel shall be permitted to work in a tank who has an abnormal tem- perature or gives evidence of illness. The First Party, physician employed by him, shall be the judge of the physical fitness or unfitness of any person to enter or work in a tank. No deviation from this stipulation may be permitted. The First Party, after work of any nature is done in a tank, is charged with satisfying himself that the tank interior is clean and sanitary before the tank is returned to service. Although the Company may be required by its contract to clean tank thoroughly before a tank is restored to service, it is the ultimate responsibility of the First Party either to give the tank a final field inspection or to require such laboratory tests of the quality of water held (for test purposes) in the tank as will demon- strate the good sanitary condition of the tank interior. The Company shall keep the premises clean and shall remove all trash and used materials placed there by the Company during the per:t'ormance of this contract. 10. The parties signing this contract in behalf of First Party covenant and agree that they are fully authorized and em- powered to sign, seal, deliver and execute the same, and that all legal requirements have been fully complied with. 11. No verbal agreements or representations not incorporated in this contract shall be binding on either party as this con- tract contains the entire agreement. City of Clermont, Florida Mayor or Authorized Agent DIXIE TANK & BRIDGE CO. By Authorized Agent This contract must be countersigned by W. A. Riley or E. H. Riley before it is binding on the Company Board of Trustees or Water Committee Dated this 4th day of April, A. D., 1950 Attest: City Clerk Dated this 10th day of April, A. D. 1950 Attest: Dixie Tank and Bridge Memphis, Tennessee Standard form of warranty and guarantee Dixie Tank and Bridge Company, hereinafter called the Compnay, warrants all repairs and painting made by the Com- pany, upon the tank belonging to City of Clermont located at Clermont, Florida to be free from defects in materials and workmanship under normal use and service, the Company's obligation under this war- ranty and guarantee being limited to making good any part or parts thereof which shall, within the period hereinafter set out, appear upon the Company's examination to have been defective, and to making good any damage occasioned by reason of such defects. This warranty and guarantee is expressly in lieu of all other warranties, express or implied; and of all other obligations or liabilities on the part of the Company, and the Company neither assumes, nor authorizes any other person to assume for it, any other liability in connection with the reparis or painting on such structure. This warranty and guarantee applies only to the structure and the premises as they presently exist, and does not include additional hazards placed upon the structure or upon the premises, or in the vicinity of the tank, after the date hereof. This warranty and guarantee is to be of no further force and effect if the tank owner shall install any electrolytic or cathodic device in, on or about the tank or if the tank owner shall in any way alter the present condition of the tank without the written consent of the Company. In the event of accident caused by the failure of the Company's repair work while this warranty and guarantee is in force, the Company reserves the right to have such damage appraised by an independent appraiser, and to pay the tank owner the sum of such appraisal, or to restore the property to its present condition or to use a combination of such settlements; and failure of the tank owner to thoroughly and properly co-operate with the Company to minimize the damages and loss shall relieve the Company of any damages for loss of use of the tank under this warranty and guarantee. If the tank owner has any insurance against loss covered by this warranty and guarantee, any payment received by the tank owner on account of such insurance shall be deducted from any settlement under this warranty and guarantee and no right of subrogation will be recognized by the Company. In the event of any payment under this warranty and guarantee, the Company shall be subrogated to all the tank owner's rights of recovery therefor, and the tank owner shall do everything necessary to secure such rights. No assignment of any interest in this warranty and guarantee shall bind the Company until its consent is indorsed hereon. In witness whereof, the Company has signed this warranty and guarantee this 8th day of May 1950 Dixie Tank and Bridge Company by: Dixie Tank and Bridge Co Memphis Tennessee Standard Form of Warranty and Guarantee Expires 04-24-1955 Issued to City of Clermont Clermont Florida No. 689 This Warranty and Guarantee shall be effective only when signed by one of the following officials of the Company: President, Secretary-Treasurer or Vice-President Conditions The Company shall be permitted to inspect the premises at any reasonable time, when and as deemed advisable by the Company, and thereupon sug- gest such changes or improvements as may, in the Company's judgement, add to the safety of the structure. The Company may defend, in the tank own- er's name and behalf, any suit brought against the tank owner alleging injure or destruction by reason of the work warranted above and seeking damages on account thereof, even if such suit is groundless, false or fraudulent; and the Compnay shall have the right to make such investigations, negotiations, and settlement of any claim or suit, as may be deemed expedient by the Company. It is agreed that the Contract for Emergency Repairs and each pro- vision thereof, is a part of this warranty and guarantee, and that this warranty and guarantee shall be coextensive with said Contract for Emergency Repairs, and shall cease and determine as is provided in said Contract for Emergency Repairs. In no event will this warranty and guarantee extend for more than ten (10) years from the date hereof. This warranty and guarantee shall extend only to such work as is performed by the company upon the structure and such materials as may be used by the Company in its work under the Contract for Emergency Repairs, and all damages from other causes or failure of parts of the tank or structure upon which no work has been done by the Company, are expressly excluded. The tank owner, in the event of a claim under this warranty and guar- antee shall notify the Company by registered mail, or by telegraph collect, at its Memphis, Tennessee office.