Loading...
HomeMy WebLinkAboutReso - CC - 046-1977RESOLUTION NO. 46 - 7 7 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR RODENT CONTROL PROGRAM WITH SURE -KILL EXTERMINATORS. INC. RESOLVED, by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby FIND, ORDER AND DETERMINE as follows: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager be and he is hereby authorized to sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instr4cted to attest such signature. May I, EVELYN H. HILL, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 6th day of June 197 7, and adopted thereafter by the following vote: AYES: COUNCILMEN: Amstrup-Crosby-Harrison-Mangini-Martin NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None City Clerk AGREEMENT FOR PUBLIC IMPROVEMENT RODENT CONTROL PROGRAM JOB NO. 77-8 THIS AGREEMENT, made and entered into in the City of Burlingame, County of San Mateo, State of California, on 6th JUNE 1977 , by and between CITY OF BURLINGAME, a municipal corporation, First Party, herein called "City," and SURE -KILL EXTERMINATORS INC. "Contractor," , Second Party, herein called W I T N E S S E T H: Whereas, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided, and execution of this contract; and Whereas, a notice was duly published for bids for the contract for the improvement hereinafter described; and Whereas, on JUNE 6, 1977 , after notice duly given, the City Council of said City awarded the contract for the -construction of the improvements hereinafter described to Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements; and Whereas, City and Contractor desire to enter into this agree- ment for the construction of said improvements: NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of Work. Contractor shall perform the work described in thosespecifica- tions entitled: CITY OF BURLINGAME, RODENT CONTROL PROGRAM, NOTICE TO CONTRACTORS, JOB NO. 77-8 AND SPECIAL PROVISIONS FOR 1977-78, INCLUDING RODENT CONTROL IN THE CITY ,�%,� ��-77 -1- sanitary sewer and drainage systems. 2. The Contract Documents. The complete contract consists of the following documents: This Agreement, Notice Inviting Sealed Proposal, the Accepted Bid, the complete plans, profiles, detailed drawings and specifications, and all bonds. All rights and obligations of City and Contractor are fully set forth and described in the contract documents. All of the above -described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said docu- ments. The documents comprising the complete contract will hereinafter be referred to as "the contract documents." 3. Schedule. All work shall be performed in accordance with the schedule pro- vided by City Engineer, and under his direction. 4. Equipment-- Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor and material necessary to perform and complete in a good and work- manlike manner, the work of general construction as called for, and in the manner designated in, and in strict conformity with, the plans and specifications described in Section 1 hereof. The equipment, apparatus, facilities, labor and material shall be furnished, and said work performed and completed, as required in said plans and specifications under the direction and supervision, and sub- ject to the approval of the City Engineer of said City, or his designated assistant. 5. Contract Price. City shall pay, and Contractor shall accept, in full payment for the work above agreed to be done, the sum of SIX THOUSAND FIVE HUNDRED SIXTY-THREE AND 05/100THS dollars ($ 6,563.05 0041 Said price is determined by the unit prices contained in Contractor's bid. In the event work is performed or materials furnished in addition to .those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as hereinafter pro- vided. 6. Time for Performance. The time fixed for the commencement, prosecution and completion of such work is as set forth in the specifications. 7. Rights of City to Increase Working Days. If such work be not completed within such time, the City Engineer shall have the right to increase the number of working days in the amount he may determine will best serve the interests of the City, and if he desires to increase said number of working days, he shall have the further right to charge to Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. Applications for extension of time must be made in writing to the City Engineer, stating the reasons for the same, and shall not be effective until approved in writing by the City Engineer. 8. Option of City to Terminate A of Failure to If Contractor shall have refused or failed to prosecute the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor shall make a general assignment for the benefit of Contractor's creditors, or if a receiver -3- should be appointed in the event of Contractor's insolvency, or if Contractor, or any subcontractor, should violate any of the provisions of this agreement, the City Engineer or the City Council may give written notice to Contractor and Contractor's sureties of its intention to terminate this agreement, such notice to contain the reasons for such intention to terminate this agreement, and, unless within five days after the serving of such notice, such violation shall cease and satis- factory arrangements for the correction thereof be made, this agreement may, at the option of the City, upon the expiration of said time, cease and terminate. 9. Liquidated Damages. In the event Contractor, for any reason, shall have failed to perform the work herein specified, within the time herein required and to the satisfaction of the City Engineer, City may, in lieu of any other of its rights authorized by paragraph 8 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to FIFTY DOLLARS dollars ($50.00 ) as liquidated damages for each day byond the date herein provided for the completion of such work 10. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within five days after giving them said notice of termination do not give the City written notice of their intention to take over the performance of the agreement, and do not commence performance thereof within five days after notice to the City of such election, City may take over the work and prosecute the same to completion, by contract, or by any other method it may deem advisable, for the account, and at the expense of, Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so -4- doing, take possesion of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor. 11. Disputes Pertaining to Payment for Work. Should any dispute arise respecting the true value of any work done, or any work omitted, or of any extra work which Contractor may be re- quired to do, or respecting the size of any payment to Contractor during the performance of this contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and con- clusive. 12. Permits; Compliance with Law. Contractor shall, at .Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law. 13. Superintendence by Contractor. Contractor shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satis- factor to the City Engineer, on the work at all times during progress, with authority to act for him. 14. Inspection by City. Contractor shall at all times maintain proper facilities, and provide safe access for inspection by City to all parts of the work, and to the shops wherein the work is in preparation. 15. Extra and/or Additional Work and Changes. Should City at any time during the progress of said work request any alterations, deviations, additions or omissions from said specifica- tions or plans or other contract documents, it shall be at liberty to do so, and the same shall in no way affect or make void the contract, but will be added to, or deducted from, the amount of said contract price, as the case may be, by a fair and reasonable valuation. Request for such -5- change must be made in writing signed by the City Engineer, shall be accompanied by plans and specifications for such purpose, and shall be accepted in writing by Contractor. 16. Inspection and Testing of Materials. Contractor shall notify City a sufficient time in advance of the manufacture of production of materials to be supplied by Contractor under this contract in order that City may arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such repre- sentative that such testing and inspection will not be required, shall not be incorporated on the job of said improvement. Contractor shall also furnish City, in triplicate, certified copies of all required factory and mill test reports. 17. Permits and Care of the Work. Contractor has examined the site of the work and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limita- tions affecting the performance of this agreement. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered, and work performed, until completion and final acceptance. 18. Other Contracts. City may award other contracts for additional work, and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by City Engineer. Contractor shall not commit, or permit, any act which will interfere with the performance of work by any other contractor. Er:s 19. Payments to Contractor. Before the fifteenth day of each calendar month, the City Engineer will make an estimate of all required work performed by Contractor previous to the end of the preceding month, will classify it according to items named in the bidding sheet, and will estimate the value of the same on the basis of price bid and specified. From the amount thus determined, ten per cent (10%) thereof will be deducted, and from the remaining ninety per cent (90%), there will be deducted any amounts due City from Contractor for supplies, materials, services, damages or other- wise deductible under the terms of the contract, and the amount of all payments previously made to Contractor. The remainder will be paid by City to Contractor on the third Tuesday of said calendar month as a progress payment. The remaining ten per cent (10'/) thereof shall be paid Contractor thirty-five (35) days after final acceptance of the work by City, on duly certified voucher therefor, after Contractor shall have furnished City with a release of, or bond against, all claims agains t City, if required by City, arising under and by virtue of this contract, and work done, and materials furnished hereunder. In the event that there are any claims specifically excepted by Contractor, if permitted by City, from the operation of the release, there shall be retained by City stated amounts to be set forth therein, and approved by the City Engineer. 20. Contract Security. Concurrently with the execution hereof, Contractor shall furnish: (1) a surety bond in an amount equal to at least fifty per cent (50%) of the contract price as security for the faithful performance of this contract; and (2) a separate surety bond in an amount equal to at least fifty per cent (50%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract. Sureties on each of said bonds and the form thereof shall be satisfactory to the City Engineer. -7- 21 Hold -Harmless Agreement. Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of subcontractors' operations under this agreement, whether such operations be by Contractor or by any subcontractor, or subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any subcontractor or subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused,.by reason of any of the aforesaid operations; provided as follows: (a) That City does not,and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in.. paragraph 22 hereof. (b) That the aforesaid hold -harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid opera- tions of Contractor or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 22. Contractor's Insurance. Contractor shall not commence work under this contract until he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier, nor shall Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. All liability insurance shall provide that Contractor's insurance shall be primary coverage. (a) Compensation Insurance Contractor shall take out and maintain, during the life of this contract, worker's compensation insurance for all his employees employed at the site of improvement, and in case any work is sublet, Contractor shall require subcontractor similarly to provide worker's compensation insurance for all of the latter's employees, unless such employees are covered by the protection afforded by Contractor. In case any class of employees engaged in work under this contract at the site of the project is not protected under any worker's compensation law, Contractor shall provide, and shall cause such subcontractor to provide, adequate insurance for the protection of employees not otherwise pro- tected. Contractor indemnifies City for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance. (b) Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, Contractor and any subcontractor performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this contract, whether such operations be by Contractor or by any subcontractor, or by anyone directly or indirectly employed by either Contractor or any subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $100,000.00 for injuries, including, but not limited to, death, to any one person and, subject to the same limit for each person, in an amount not less than $300,000..00 on account of any one occurrence; (2) Property Damage Insurance. In an amount of not less than $20,000.00 for damage to the property of each person on account of any one occurrence. 10 23. Proof of Carriage of Insurance. Contractor shall furnish City, through the City Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and that each carrier shall give City at least ten days' prior notice of the cancellation of any policy during the effective period of this contract. 24. Emergency - Additional Time for Performance - Procurement of Materials If, because of war or other declared national emergency, the Federal or State government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said. restrictions, regulations or controls, Contractor is, through no .fault of Contractor, unable to perform this agreement, or the work is thereby suspended or delayed, any of the following steps may be taken: (a) The City Engineer of City may grant Contractor additional time for the performance of this agreement, sufficient to compensate in time for said delay or suspension. To qualify for such extension in time, Contractor, within five days of Contractor's discovering such inability to perform, shall notify City Engineer in writing thereof, and give specific reasons therefor; City Engineer shall thereupon have sixty days within which to procure such needed materials or labor as if specified in this agreement, or permit substitution, or provide for changes in the work in accordance with other provisions of this agreement. Substituted materials,, or changes in the work, or both, shall be ordered in writing by City Engineer, and the concurrence of the Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by Contractor; or (b) If such necessary materials or labor cannot be procured through legitimate channels within sixty days after the filing of the aforesaid notice, either party may, upon thirty days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated -10- for all work executed upon a unit basis in proportion to the amount of work completed, or upon a cost-plus fifteen per cent basis, whichever is the lesser. Materials on the ground, in process of fabrication or en route upon the date of notice of termination especially ordered for the project and which cannot be utilized by Contractor, shall be compensation for by City at cost, including freight, provided that Con- tractor shall take all steps possible to minimize this obligation; or (c) City Council, by resolution, may suspend this agreement until the cause of inability to perform is removed, but for a period of not to exceed thirty days. If this agreement is not cancelled, and the inability of Contractor to perform continues, without fault on Contractor's.part, beyond the time during which the agreement may have been suspended, as hereinabove provided, City Council may further suspend this agreement, or either party hereto may, without incurring any liability, elect to declare this agreement terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council, by resolution, and Contractor shall be notified in writing thereof within five days after the adoption of such resolution. Upon such termination Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the agreement as may have been performed; or (d) City may terminate this agreement, in which case Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the agreement as may have been performed. Such termina- tion shall be authorized by resolution of the Council. Notice thereof shall be forthwith given in writing to Contractor, and this agreement shall be terminated upon receipt by Contractor of such notice. In the event of the termination provided in this subparagraph (d), none of the covenants, conditions or provisions hereof shall.apply to the work not performed, and City shall be liable to Contractor only for the proportionate compensation last herein mentioned. -11- 25. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of any other rights or remedies available to City. 26. Notices. All notices shall be .in writing, and delivered in person or trans- mitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Engineer of the City of Burlingame, 501 Primrose Road, Burlingame, California. Notices required to be given to Contractor shall be addressed as follows: 27. Interpretation. As used herein any gender includes each other gender, and the singular includes the plural and vice versa. IN WITNESS WHEREOF, two identical counterparts of this agreement, consisting of twelve pages (being pages 1 through this page 12), each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. "CITY" CITY OF BURLINGAME, a Municipal Corporation City,,Manager ATTEST:i� Cifty CleYk "CONTRACTOR" 5 ,-Q- Lti l/ c ✓ i- Zle -12-