DREDGE DITCH CONTRACT
Following is a copy of the Contract and Bond for the digging
of the Bayou DeView Drainage Ditch as fur
nished by Attorney Geo. A. Burr.
This agreement made and entered into by and between
Bayou DeView Drainage District No. One of Cross, Jackson
and Woodruff Counties, Arkansas, by R. J. Kibler, J. F. Shue
and F. W. Beede, Commissioners of said Drainage District, par
ties of the first part, and referred to herein as “Commissioners”
and G. C. Coleman, J. W. Coleman and A. B. Coleman, herein
referred to as “Contractors” witnesseth: That
Whereas said Commissioners have prepared plans and
specifications (designated and known as “Changed Plans and
specifications”) for the construction of a drainage system for
Bayou DeView Drainage District No. 1 of Cross, Jackson and
Woodruff Counties, Arkansas, which work includes the digging
of Ditch Number One, Ditch Number One “A”, Ditch Number
Two, Ditch Number Two “A”, Ditch Number Two "B”, Ditch
Number Two “C”, being six ditches and canals, as the same
are described and designated in said “Changed Plans and
Specifications”: NOW THIS AGREEMENT WITNESSETH:
That for and in consideration of certain payments to be made
to said contractors as hereinafter specified, said contractors
will construct and fully complete all said drainage ditches and
canals, and do all work and furnish and pay for all materals,
appliances, machinery and labor, for such complete construe- j
Hnn nf all said ditches and canals, in acrcirdancp with said
“Changed Plans and Specifications’’ hereto annexed and made
part hereof, and will fully finish and complete the same in 3
years from date hereeof unless in opinion of the engineer said
contractors be delayed or prevented by circumstances that are
absolutely beyond their control. That sa,id commissioners agree
to pay said contractors six and seven hundredths cents(0.0607)
per cubic yard for excavation of said ditches and canals in ac
cordance with said “Changed Plans and Specifications.” That
payment for said work shall be made as follows: On or before
the first day of the month the engineer will estimate the value
of the work done and within ten days thereafter eighty per cent
(80) of the value thus determined, less previous payments,
shall be paid to said contractors in cash. Actual cost of clear
ing right-of-way, not to exceed Fifteen Dollars ($15.00) per
acre, will be advanced to Contractors. Upon the completion
of all said work described and contemplated in said “Changed
Plans and Specifications” and upon the acceptance of the same
by the engineer and Commissioners, the balance due the con
tractors for the work shall be paid to them in cash. Before,
however, the final payment is made, the contractors shall show
to the commissioners satisfactory evidence that all just liens,
claims and demands of their employees or of all parties from
whom materials or machinery used in the construction of the
work may have been purchased or procured are fully satisfied
and that said commissioners shall have been released fully
from all liens, claims and demands on account of labor perform
ed or material furnished for the construction of the work. If,
' during the progress of the work, it appear that the contractors’
bills for labor and material and machinery are not being paid,
said commissioners shall have the right to withhold from the
contractors’ monthly payments a sufficient amount of money to
protect themselves against all losses from all possible liens,
claims and demands, and apply such amount so with-held to
the payment of such bills and accounts of said contractors.
Said contractors agree to begin the work of construction with
in ninety days after the signing of this contract if weather and
soil conditions will permit, and to push the same to completion
as rapidly as possible, and within the time limit fixed in the
accompanying specifications. That said Commissioners shall
have the power to vary, extend, increase or diminish the quanti
ty of work to be done during its progress without impairing the
contract, and no allowance will be made to the Contractors
except for the work actually done. And if it becomes necessary
to do extra work not provided for in said “Changed Plans and
Specifications” which can be readily done with the machinery
or labor at that time employed by said Contractors on the work
then said Contractors shall be paid the same price as if said
work were part of said “Changed Plans and Specincations.”
That in case any change or extra work is not of the class
or character herein provided for or contemplated, said Con
tractors shall perform the same, and shall be paid the actual
cost thereof plus ten per cent. In such case said Contractors
shall furnish the engineer with satisfactory vouchers for all
labor and material employed, used or expended on said work.
No extra work or changes in the plans will be paid for unless
ordered in writing by the engineer. And said Commissioners
will furnish said Contractors, through the engineer, accurate
profiles and yardage sheets as the work progresses. That all
work herein outlined, referred to and described, is to be done in
strict accordance with said “Changed Plans and Specifications”
and such instructions as may be given from time to time bv the
engineer. Said Contractors shall assume all responsibilities
for accidents to men, animals and property, and shall indemni
fy and hold and save harmless said Commissioners from and
against all claims and demands of all parties whomsoever for
damages for injuries arising from any omission or neglect on
the part of said Contractors or their employees during the con
struction of the work. Said Contractors shall give said Com
missioners a satisfactory Surity Company Bond in the sum of
Twenty-Five Thousand Dollars for the faithful performance of
this contract and “Changed Plans and Specifications,” and all
the terms and conditions therein contained, and for the prompt
payment for all material, machinery, and labor employed or
used in the construction of the work contemplated Herein, and
to save harmless said Commissioners from all loss or litigation
on account of any and all damage to persons or property caus
ed by the negligence of said Contractors or their employees in
doing the work contemplated herein or in any way connected
therewith. That if said Commissioners, notwithstanding the
failure of said contractors to complete the work within the time
specified shall prmit them to proceed and continue and complete
the same as if such time had not elapsed, such permission
shall not be deemed a waiver in any way or manner of
any forfeiture or lability for damages or expense thereby
incurred ,arising from such noncompletion of said work within
the time specified but such liability shall continue in full force
against the said contractors as if such permission had not
been given or granted. That when the work is completed
to the satisfaction of the engineer and Commissioners and
all other terms of this contract are fulfilled then this con
tract shall become null and void and shall be cancelled by
both parties thereto upon its face and said Contractors shall
be released from their bond. To all which we jointly
and severally bind ourselves, our executors and administrators,
successors and assigns.
In witness whereof the parties hereto have set their hands
ur\c\ sppIs this 1 Kt.li Hav r»f .Tannarv 1917
BAYOU DEYIEW DRAINAGE DISTRICT NO. 1 OF
CROSS, JACKSON AND WOODRUFF COUNTIES, ARKAN
SAS, BY R. J. KIBLER, F. W. BEEDE, J. F. SHUE, Commission
ers of said drainage district. (Seal)
J. W. COLEMAN, A. B. COLEMAN, GROVER C. COLE
MAN, Contractors.
MEMORANDUM OF AGREEMENT
This contract entered into by and between Bayou DeView
Drainage District No. 1 of Cross, Jackson and Woodruff Coun
ties, Arkansas, by R. J. Kibler, J. F. Shue and F. W. Beede,
Commissioners, of said Drainage District, and G. C. Coleman,
J. W. Coleman and A. B. Coleman, Winesseth:
That in consideration of said G. C. Coleman, J. W. Cole
man and A. B. Coleman, agreeing to perform all work of con
j struction of all ditches and canals constituting the entire im
provement for said Drainage District at the price of six and
seven hundredths (0.0607) cents per cubic yard and that said
Colemans shall duly enter into bond for the faithful perform
ance of all said work in the sum of Twenty-Five Thousand Dol
lars, and that they shall actually begin digging dirt with a
dredge boat on the main ditch of said improvement on or be
fore the-day of-1917, said Commissioners will
pay to said Colemans the sum of Two Thousand Dollars in cash
at the date of issuing to said Colemans the first warrant for the
first estimate for excavation on said main ditch. Said Two
Thousand Dollars shall be in addition to all money which shall
be paid to said Contractors for work under their contract dat
ed January 15th, 1917, and shall be considered as a bonus for
prompt action in commencing the work of excavation on said
main ditch. Said $2,000.00 will be paid as soon as the dredge
begirfs excavating dirt.
In witness whereof said parties have set their hands this
15th day of January, 1917.
BAYOU DeVIEW DRAINAGE RISTRICT NO. 1 OF
CROSS, JACKSON AND WOODRUFF COUNTIES, ARKAN
SAS, BY R. J. KIBLER, F. W. BEEDE AND J. F. SHUE, Com
missioners. (Seal)
J. W. COLEMAN, A. B. COLEMAN, GROVER C. COLE
t\rr a xt
BOND
We, J. W. Coleman, A. B. Coleman, and Grover C. Cole*
man, as principals, and Elsie Coleman, Mary Coleman and M.
A. Coleman, as surities, hereby acknowledge ourselves to be
indebted and firmly bound unto Bayou DeView Drainage Dis
trict Number One of Cross, Jackson and Woodruff Counties,
Arkansas, in the sum of Twenty-Five Thousand Dollars,
($25,000.00) to the faithful performance and discharge of
which we jointly and severally bind ourselves, our heirs, exe
cutors, administrators and assigns. The condition of this bond
is such that, whereas, the principal obligors in this bond did,
on January 15th, 1917, obligate and bind themselves to do cer
tain work and furnish and pay for certain work, labor and ma
terials and appliances in digging certain ditches and complet
ing the same, for said drainage district, and to save said drain
age district harmless from all loss* and litigation on account
of any and all damage to persons and property caused by the
negligence of said principal obligors herein in doing said work:
Now if said J. W. Coleman, A. B. Coleman and Grover C. Cole
man, shall well, truly and faithfully, and in all respects, fully
and completely perform and fulfill their said contract with said
Drainage District (which contract is hereby made part of this
obigation) in accordance with its terms, provisions and condi
tions, then this obligation will be null and void, otherwise to be
and remain in full force and virtue in law.
In witness whereof we have hereunto set our hands, this
first day of August, 1917.
GROVER C. COLEMAN, J. W. COLEMAN, A. B. COLE
M A.N. ELSIE COLEMAN, MARY COLEMAN, MARIE ANN
COLEMAN.