HomeMy WebLinkAboutReso - CC - 006-1949RESOLUTION NO. 6-49
ivHE'°�+As, I illiarli C. Smith, the successful bidder, was
awarded the contract of constructing a recreation Building in
Washington Park pursuant to the terms of his bid; and
WIMRE.A.S, the annexed Agreement for the construction of
said building sets forth the contract between the City of
Burlingame, a municipal corporation, and the said l;villiam C.
Smith; and
aHEIE'As, the said 'Uilliam C. Smith has executed the said
Agreement and it nov,7 remains for the City of Burlingame to do
likewise, and the said "greeraent has met with the approval of
the City Council;
NOW THEREFORE BE IT RESOLVED by the City Council of the
City of Burlingame that :a Contract be entered into 4jith the
said 'y illiam C. Smith pursuant to the terms of the written
Agreement attached hereto and that the 11ayor of said City be,
and he is hereby authorized for and in behalf of the City Council
of the City of Burlingame to execute said Agreement.
I, Herbert 1 . "an hite, City Clerk of the City of Burlingame,
do hereby certify that the foregoing resolution was introduced
at a special meeting of the City Council held on January tii, 1949
and adopted thereafter by the following vote:
AYES: COUNCILMEU: Dahl-'iarper-iiiint-Love-Siraond.s
NOES: COUi`I CILi` EN : None
ABSENT COUNCILTEN: None
�, �re A. eyn, to - sty
AGRELMENT
FOR COESTRUCTIOtr OP ALCREATION.
BUILDING IT! WAS111110TON PARK
This !,gree*cent, node and entered in the City of Burlinr;ame,
Of San Mateo, Stato of California this 3rdday of
, 1949, by and botween the City of Surlin; ^szo, „
Corporation, the Pirst Party, hereinafter referred to
s "City", and 141liam ^. Smith, the Second Party, hereinafter
referred to as "Contractor".
This Agreersmnt is based upon the following prondsost
a. A ?Toti.ee was duly published calling for separate bide for
construction of a Recreation Building in Washington Park,
the City of Burlingame,
b. On January 21, 1949, after notice duly given, the .;i.ty
of said City awarded the contract for the construction of
building; to `•illiara Smith, Contractor, horrin nand,
, the :laid Council found at said date, did and now finds, to
the lowest responsible bidder for said construction.
c. City and Contractor desires to enter into this Agroement
said construction.
NOV , TFEREPO RFs, IT IS A GRMD AS FOLLOWS:
1. Contractor shall perform all the work described in the
and specifications for said construction, r copy of vibich
and specifications for said construction are now on file
n the Office of the City Clerk of the :pity, to which reference
hereby ado, and copies thereof made a part hereof as though
set forth hemir. verbatim.
2. -,he complete contract consists of tPro following documents
*notice inviting* Sealod Propo2, is, the accepted bid, this
for construction, and all of the aforesaid plans and
fications.
3. EQUIPMENT - P? �,WojumlTcF of ;;ORK. Contractor shall
sh all tools, equipment, apparatus, facil'.tice, labor and
like xr# the j-_renoiv-,l viorlt as called forrl o
de i -tt d in, tmd in strict oonforz ,ty In, the plans a nd
specifications for said work,
The esquipnent, ap,,)aratua, facilities, labor and raterials
shall be furni shed and said work -t)orfomaaed and completed an
required in sl,.Ad '� lan and spool f 1.ca cations, under the d .r ction and
supervision, and sufficient to the approval of the Architect#
Oscar R.
ibayer, appointed
by said City,
hereinafter r re orred to
as "Architect"
or of
such
other person s
the City may def-jf7jute.
4. C01MLIXT PRICE0,io City lillail payo and Contractor shall
a�ceepi
in
.�
�°c/z{►
py y
they
above nark
agreed Asa e done,
�*ym
the sun
o
�'u
tllbo582.0
�{np't
d which
is
ends 4i as
follows:
The base bid aa.••a saiaaa«a•0l0534 61•00
Alternate No a l .... M ... * « . ' , 57loOO as appears in
Contractor's bid
Alternate No. 2, 585oOO as ap"Wars, in
Contractorts bid
Total a a r a e••* a• a a r +a� a• a ♦ a ♦`� �»� , S]f�.a:.�`„�
Taid
amount to paid as hereinaftersf
5, TINM FOR C t, 2 h"111 1T ATID COMPUT10 4 The work to I-V
perfoxined under this Agreement ha".l be c ormai enaed on the
dear of February,, 1940, and cra . `?etod within 130 working days
thereafter,
11' the contract shall be delayed on said viork on said
conatruction by any act of City or Its employees# or by o win es
ordered in the vork, or by strikes# lockoute, fi.reae, unusual
delay in tramsportation,, or any eauses beyond CoIntractora s control
or by delay authorized by City* or by any cause Which Architect
sb.1 dec .do t� justify the delay# then the ti130 of cormpletion
shall be extended for such masonable t:ia as Architect may
dead. de.
DISH :':E_ S PEI TAINITIG TOs C x a Should any dispute a ri ee
respectine, the true valuer of any work done,, of any work orft tted
r tin extra a 44ior#i which C odr6VrYaketo$r shall We required lied to do,, o
respecting the size of any payment to Cor.tr, ctor during the
performance of this contract, such dispute should be decided by
Architect, and the decision of the latter shall be final and
conclusive,
7. PERMITS - COMPLIANCE WITH LAW. Contractor shall, at
his expense, obtain all necessary permits for the construction,
and Five 611 necessary notices and pay all fees required by law.
A. SUPERINTENDENCE BY CONTRACTOR. Contractor shall rive
his personal superintendence to the work on said construction or
have a competent superintendent, satisfactory to Architect, on
the work at all times during; progress, with aut'•ority to act for
hilt.
9. IlFSPLCTION BY CITY. Contractor shall, at all times,
maintain proper facilities, and provide safe access for inspection
by the City to all parts of the work, and to the shops wherein
the work is in preparation. tiihere the specifications require
work to be especially tested or approved, it shall not be tested
or covered up without timely notice to Architect of its readiness
for inspection. Should any such work be covered without such
notice, approval or consent, it must, if required by Architect
be uncovered for examination at Contractorts expense.
10. EXTRA AND/Oil ADDITIONAL WORK AND CHANGES. Should City
at any tine during progress of work request any alterations,
deviations, additions, or omissions iron said specifications 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.
Such r equest for deviation must be made in uniting, signed by the
tect, and shall be accepted in vrritinr by Contractor, and
shall be accompanied by plans and specifications for such purpose.
11. Contractor shall notify City a sufficient time in
of the manufacture or production of riaterials to be
supplied by Contractor under this contract, in order that :ity
away arrange for inspection and testing of sauce.
Contractor shall An-m.sh the City triplicate cent-ified
copies of all required factory rand mill test reportse
l . Contractor shall be responsible for all danaCes to
persons or proporty which rlgy occur as a result of Contractor's
fault or mgligonce in connection with tho prosecution of the work
a nd shrt.11 be msponsiblo for the proper care and nrotection of
all Enteriaxl s delivered and worgc porfcammd until coiTpleti on and
final acceptance.
13, OTIMxii CONTI—MI.S. City my award ether (Contracts for
additional work and Contractor shall fully coop,erato with such
other contr?xctora and carefully fit -J.s otan viork to t at provided
junder other contracts as -may be directed by Architect,
Contractor shall not comait, or pcinit any aot which will
intorf."ere with the perf ormaneo of v ork by any ether Contractor,
14. "1`0 COTITHAC .OR, On the 5th day of each and
evoi".r nonth during; the progress o i� the iyork, cov- oncing vilth tIle
5th day of March, 190, Contractor shaal sub=i t to Architect a.
complete itenAzed ataztermnt of till laabo_o and nAte`sials Incorpora
into the building during, the preceding month, On aapprcwal in
writing of aAd statement b7 Architect, it shall be submitted to
than City ,ouna .l at; its second r-onthly meeting next aucceedinC
approval, w d within seven days after approval thereof by said
City Council, each and every month during progress of the, Mork,
City shall pay Contractor a sun based upon 85,r" of the: labor and
ma-iterial..a ineprporate d into the building, under :,,aid contract
during the d'to th cov(:red by said btater.�nt.
The remainin ; ltsd�) tjiereof ,,hall be paid Contractor &5 days
aftor final a eceptance of the work by City, and :fly certified
vo-dellor
t.ilorofors
if
recj,IL.-4 ;ct
ILYy ,it.y, of als
jo t�m7"opjjr
larisingunder
and
b-,
virtue of
this contraact,
other than such
chairs" if any, as may be specifically excepted by Contractor fron
the operation of the release in :Mated amount to be set forth
and approved by Architect.
The
CUI
` it-WIt'
Contractor
shall
furnish a
surety
d in
an
arroun.t
equal to
at least 65 1
of the
contract
price
security for tho faithful performance of thin Contract,
6. COINTIUXTORIS IIIISUIM=419 Corztrt�ctor shall not co zience
Ivork under this contwict, until he shall have obtained: all
{insurance required imdor tIds article and ;such insurances c0vi l
lhavo boon ap jrove3d by the city, nor shall the Contractor allow
Jany ubcontmctor to co z-once work can his contract until all
sIn lar insurance required of the Subcontr.etor shall- have boon
l ao obtained and approved,
..a. Compensation Insurance, Contractor shall t€alce out
land r ainta in, during the life of this contract, vor c—i n l s
� compensation insurance for all his omployees employed at the
ite of construction and in case rang viork. is s blet,-#ubeontrf.ctor
shall be r*eotuired to similarly ?:provideworkmen's compensation
.for all of the lattor , e -i.ployee s, unless ouch oraplo°reel are
covered by the protection afforded by contractor. In ease any
class of employees enga£ ed in hazardous work under this contract
at the site, of the project is not protected under vorlcaienl s
compensation lav * Contractor shall provi'.da, and shall cause oath
ubcontru ctor to provide adequate insurance for the-?-rotection
of employee; not othempise protected. Contractor shall b e;
resT>onsibl€ to City for any damage resulting to it from ft-;i.lure
of cithe:r tAontr ictor or ibcontractor to take out anti/or
maint,riin v3uch insurance,
�. blic Liability and Property Dame insurance.
The Contractor shall take out and a-laintain during; the li..t'o of
this contraact such public liability and property i ,sura.nce as
shall protect the ;i,ty, Contraactor and a rW Subcontractor nerforn�-
in. * work covored by this contract from claim for damages and
pe."soral injury innclud.in accidental death as troll as fron
claims from property dw-ia ;es which may arkso froza Contractor's
or 2ubcontrn,etorfs operati.ons under this contract, whether such
--k
operations be by himself or by &ny Subcontractors or by anyone
directly or inds.roctly opployed b,,, either of then and the amounts
of such insuaanon shall b a as f ollovis:
1. Fubli.s Aiubilituy Insurance in an aiiiount not less than
$10s,,1000.00 for injury-, includingg but not liiAtod to# accidental
death. to any one porsoxx,, and,, subjoat to the s:Jme limit y or
each per8onp in an amount not less, thazn '.201,000.00 on .account of
ono accident.
2. Property Damage Insa Insurance in n amount of not leass than
.1
$200000.00.
17. PAOOF OF CARRIAGI, OF I114SUIV,,FG'N* Contractor shall furnish
the s.-,Ity on reqw3t of Architect satisfactory proof of carriage
of insurance required, and that premiums thereon have been
naintained during, the life of this contract. This proof shall be
pr,_,rented to krehitect,
13, NOTICE. All notices stall be in writing and delivored
in person or sent by reGisterod nail posts ;,-,,e J.,repaid. Yoticos re.
qui re d to be given to City shall be addressed as follows-,
X. S. J-1tchs, L.uperintondent of I-ublie V:arks, City hui.].s 7>urli-Iiicmes,
California. Notices required tobe given to Contractor ,3hall be
as follows: C. Smith# 308 LLI Camino Heals, Burlingame# ("'alif-
orniLIL.
IIT vjarnls VjmiUWF,, identical parts of this ilgreements each of
which shall for all purposos be deo�ned an ori',,-,,ina1 thereofs )mvo
on duly executed by the pa-Aios hereinabove ncriod on the day
year Iierx)in written.
C:Lt7;, Burling no# T' luni a I pa 1 tion
Tay
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Siriondst
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First a y
By Second Party