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1955-06Western Union Telegram Class of Service This is a fast message unless its deferred character is indicated by the proper symbol. Symbols DL - Day Letter NL - Night Letter LT - Internation Letter Telegram W. P. MARSHALL. PRESIDENT The filing time shown in the date line on domestic telegrams is STANDARD TIME at point of origin. Time of receipt is STANDARD TIME at point of destination ORA099 DL PD AR=WUX MEMPHISTENN JUL 26 204PMC= =ClTY OF CLERMONT= =ATTN MR ALBERT JOHNSON CLERMONT FLO CITY CLERK =THIS IS TO CONFIRM OUR TELEPHONE CONVERSATION OF JULY 26, 1955 IT IS AGREED THAT DIXI E TANK AND BRIDGE COMPANY WILL PAINT EXTERIOR OF TANK NOW AND COME BACK AND PAINT INTERIOR OF TANK NEXT YEAR WHEN MAK!NG ANNUAL INSPECT!ON REASON:: HAVE NOT PUT I N NEW VALVE TO SHUT WATER OFF IN TANK PLEASE NOT IFY OUR FOREMAN, MR HOWELL, TO HIS . EFFECT: DIXIE TANK AND BRIDGE CO W A RILEY, PRESIDENT 343PMME THE COMPANY WILL APPRECIATE SUGGESTIONS FROM CONCERNING ITS SERVICE DIXIE 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 Citty of Clermont . Board of Trustees hereinafter known as First Party and the Dixie Tank & Bridge Company, Memphis, Tennessee, hereinafter known as the Company. Witnesseth: The Company, by previous contract with the First Party, dated April 24, 1950 repaired and painted the water tank belonging to the First Party located at Clermont, Florida and guaranteed or warranted such painting 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-wlt: (a) The Company will rig, clean, and remove all loose rust and loose paint In the tank, and First Party will furnish electric current to perform this work. The Company shall have. the right to Install outlets In the tank for ventilation, cleaning purposes and to provide an escape exit for the workmen complying with safety regulations. (b) Company will fumlsh all labor and material to paint the Interior of said tank with one (1) coat of Dixie Asphalt Tank Reliner. Thls 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. All exterior paint is to be fumished by First Party, but the quallty of the paint fumlshed by First Party Is to be approved by the Company. ...' , 3, Company will notify First Party as soon as the Company can conveniently 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. If not the guarantee shall become null and void and the yearly inspection and adjustment shall stop 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 sum set out below In paragraph 7, 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 caused by First Party. It Is agreed that waiting time wlll 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 mentloned and the. Company agrees to make all proper adiustments 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 furnlsh 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 $1850.00 whlch 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 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 another five years. 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 fltness 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 retumed to servlce. 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 requlre such laboratory tests of the quallty 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 performance 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 contalns the entire agreement. City of Clermont Mayor or Authorized Agent DIXIE TANK BRIDGE CO. By Office Authorized Agent Board of Trustees of Water Committee This contract must be countersigned by W A Riley or E H Riley before it is binding on the Company Sec & Treas Dated this 16th day of March 1955 Attest: City Clerk, Auditor or Notary DIXIE 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 Citty of Clermont . Board of Trustees hereinafter known as First Party and the Dixie Tank & Bridge Company, Memphis, Tennessee, hereinafter known as the Company. Witnesseth: The Company, by previous contract with the First Party, dated April 24, 1950 repaired and painted the water tank belonging to the First Party located at Clermont, Florida and guaranteed or warranted such painting 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-wlt: (a) The Company will rig, clean, and remove all loose rust and loose paint In the tank, and First Party will furnish electric current to perform this work. The Company shall have. the right to Install outlets In the tank for ventilation, cleaning purposes and to provide an escape exit for the workmen complying with safety regulations. (b) Company will fumlsh all labor and material to paint the Interior of said tank with one (1) coat of Dixie Asphalt Tank Reliner. Thls 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. All exterior paint is to be fumished by First Party, but the quallty of the paint fumlshed by First Party Is to be approved by the Company. ...' , 3, Company will notify First Party as soon as the Company can conveniently 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. If not the guarantee shall become null and void and the yearly inspection and adjustment shall stop 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 sum set out below In paragraph 7, 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 caused by First Party. It Is agreed that waiting time wlll 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 mentloned and the. Company agrees to make all proper adiustments 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 furnlsh 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 $1850.00 whlch 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 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 another five years. 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 fltness 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 retumed to servlce. 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 requlre such laboratory tests of the quallty 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 performance 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 contalns the entire agreement. City of Clermont Mayor or Authorized Agent DIXIE TANK BRIDGE CO. By Office Authorized Agent Board of Trustees of Water Committee This contract must be countersigned by W A Riley or E H Riley before it is binding on the Company Sec & Treas Dated this 16th day of March 1955 Attest: City Clerk, Auditor or NotaryDIXIE TANK & BRIDGE COMPANY MEMPHIS, TENNESSEE Dixie Tank & Bridge Company Memphis Tennessee Standard Form of Warranty and Guarantee Dixie Tank & Bridge Company, hereinafter called the Company, warrants all repairs and painting made by the Company, upon the tank belonging to City of Clermont located at Clermont, Florida to be free from defects in material and workmanship, under normal use and service, the Company's obiligation 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 make good any damage osscasioned 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 liabililties 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 repairs or paining 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 throughly and properly co-operate with the Company to minimize the damages and loss shall relieve the Company of any dmages 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. Dixie Tank and Bridge Co Memphis Tenn Standard Form of Warranty & Guarantee Expires 4-24-60 Issued to City of Clermont Clermont, Florida No. 1240 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 judgment, 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 injury or destruction by reason of the work warranted aboveand seeking damages on account thereof, even if such suit is groundless, false or fraudulent; and the Company 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 coex- tensive with said Contract for Emergency Repairs. In no event will this warranty and guarantee extend for more than five 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 guarantee shall notify the Company by registered mail or by telegraphy collect, at its Memphis Tennessee office. This warranty and Guarantee shall be effecive only when signed by one of the following officials of the Company: President, Secretary Treasurer or Vice President.