The Chronicle-star combined with the Moss Point advertiser., 1947-07-25
Legal Notices

Legal NOllCeS
ORDINANCE NO. IL. is47
An Ordinances authorizing and d.
recfinq the Board of Mayor and .-.-.
recfing The Board Of Mayor and Coun'
eilmen of the CITY Of Pascagoula
Mississippi. TO enter into a contract
in the name OF said City and under
lis zeal with Ernest Construction Com.
pany. q co-parfnership composed Of
Waller c. Ernest, Jr. and Willie MaYe
Ernest. for the construction of ar
Inner Harbor or Yacht Basin project
with sac lineal feet OF wall with n
ehor and fender piles nj three fling
err piers. along South ~Pascagoula Street
and South of West Yazoo Avenue anc
other work Incidental thereto and set
ting forth the conditions. terms anc
provisions of said contract n whai
amount of compensation IL 10 be paid
for the performance of said work.
Be IL ordained by the Board oil
Mayor and Councilmen of the City
of Pascagoula, Mississippi:
SECTION /. That the Mayor and
Clerk Of the City of Pascagoula. Mis-.
sissippt. be and they are hereby su.
thorized to enter into a contract In
the name of n for and on behalf
Of the City of Pascagoula under itE
seal with Ernest Construction Com
oany, a co-partnership composed oi
Walter {. Ernest. Jr.. and While
Maye Ernest. for the construction o.
iect with $40 lineal feet of wall with
anchor and fender piles and three
finger piers, along South Pascagouls
Street and South of West Yazoo Ave
nue. and other work incidental there.
to. all of said work to be done and
H. al sx--A- -
~ with plans and specifications made
by d j. Simmons. Civil Engineer and
on file. The compensation to be paid
the contractor therefor shall he the
$40. 900 OO).
SECTION q Be II further ordained
that said contract shall be in sub
stantially the following form. to-wit:
CONTRACT
STATE OF MISSISSIPPI
COUNTY OF JACKSON
THIS AGREEMENT made and en-
tered into on the day of
1947. by and between Ernest Construc-
ton Company. Party of the First Part,
and The City of Pascagoula, Miss,
Party of the Second Part
WTTNESSETH:
That the first party. for the CON
sideration hereinafter fully set out.
herebv agrees with the second party
as follows:
/. That the first party shall furnish
all of the equipment. materials and
labor required. and perform all of
the work I'm the manner and form
required by the accompanying speci-
fications and other documents. which
are hereto attached and made a part
hereof as fully as IL contained herein,
all over the construction of an in
ner hsrbor or Yacht basin project with
500 Iineal feet of wall with anchor
piers. along South Pascagoula Street
and South of West Yazoo Avenue
and which consist of the following.
!. Notice to Contractors
?. Instruction TO Bidders
3. PROPOSAL. amended June 9th,
1947
q. Special Provisions or General
5. Detailed Specifications
&. Contract
z. Rond
8. Plans and drawings
2. The second party herebv agrees
10 paw to the first party for the faith
full performance of this agreement.
to additions and deductions
as provided for in tho above mention
documents. in lawful money of the
States of America. such
amounts as become due to the first
party for work actually performed
under this agreement. at the unit pric-
es stated in the attached and fore
going proposal, the approximate
amount of which is estlmsted at For
(s4O. O0o 00). It being understood and
mutually agreed nv the parties here
10 that tho specified items of work
to he performed hereunder. as we'll
as the exact amounts of each items
cannot be predetermined. and hat tho
unit nrices stated in the proposal will
prevail.
2. On or before the 18th of each
calendar month. the second party
shall make partial payments to the
first partv on the basis of a duly GER
tilted and approved estimate of work
performed during the preceding calen-
dar mont nv the first party. less
1907 of the amount of such estimate
which is to be retained by the sec
ond partv until all work has beer
performed strictly in accordance with
this agreement. and until such work
has been accepted by the second par
tv. Similar payments will also be made
for the materials which have been
received on the site, and which have
been inspected and approved and are
properly stored. in amounts not TO
exceed NO. of the value of such ma
teriaiS. Title TO the materials shall
pass to the City of P~ascaeoula. Miss.
upon payment; however, the Contrac-
tor shall remain responsible for the
safety and storage of said materials
after payment until Use.
4 Upon submission bv the first par
tv of evidence satisfactory to the sec
ord party that all paw rolls. mater
ials hills and other costs incurred bv
the first party in connection with
thn Gnngtrttntfnn nj tho xNOFk n aNyR
been paid In full. final payment on
account of this agreement shall be
made within 90 DAYS after completion
by first party of all work by the sec
ond party. The work shall be subject
TO the approval of Engineer. d. ].
Simmons.
5. The Contractor agrees to com
mence work under this contract on
a date to be specified i'm a written
Work Order issued nv the En-
Eineer and to fully comnlete all work
required hereunder within i50 con
secutive calendar days from said date.
6. It is further mutually agreed be-
tween the parties hereto that If, at
any time after the execution of this
agreement and the Surety Bond here
to attached for its faithful perform
ance. the second party shall deem the
Surety or sureties upon such bonds
TO be unsatisfactory, or If. for any rea-
son. such bond ceases to be adequate
ia cover the performance of the work.
the first marty shall at its expense.
within S days after receipt of notice
from the second party so TO do, fur
nish an additional bond or bonds in
such form and amount and with such
surety or sureties as shall be salts
factory to the second party. In such
event no further payments to the first
party shall be deemed to be due under
this agreement until such new or ad-
ditionaI security for the faithful per-
formanee of the work shall be fur
nished in the I'M and form sat
isfactorv to the second party.
IN WITNESS WHEREOF. the par
ties hereto have executed this agree
inert on the daN and date first above