HomeMy WebLinkAboutReso - CC - 068-1949RESOLUTION NO. 68-49
ACCEPTING 13ID OF ANCPIOR POST PENCE DIVISION, ANCHOR
POST PRODUCTS INC., OF CALIFORNIA, A CORPORATION,FOR
IMPROVi,Mis'NTS IN RAY PARK
RESOLVED by the City Council of the City of Burlingame that the
bid of Anchor Post Fence Division, Anchor Post Products Inc., a
corporation, to construct and complete certain improvements in Ray
Park, be accepted for work as provided in Section 7 of the Plans
and Specifications for improvements in Ray Park.
BE IT FURTHER RESOLVED that the Mayor be, and he is hereby author-
ised and directed to sign the attacheti agreement providing for the
work of said improvements, for and on behalf of the City of Burlingame.
_gv Q.W /L
Tllayor _
I, Herbert K. vrhite, City Clerk of the City of Hurlin6ame do
hereby certify that the foregoing resolution was introduced at a
regular meeting of the City Council held on September 6, 1949, and
adopted by the following vote:
AYES: COUNCILMEN: Atwater-Dahl-Hunt-Love-Sinn,rie
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Herber valite
City Clerk
OT
THIS AGRr:EMENT, made and entered into in the City of Burlingame,
County of San Mateo, State of California, K this Y% day of�,..�*+
19499 by and between CITY OF BURLINGAME, a Municipal Corporation,
the First Party, hereinafter referred to as "City", and ANCHOR
POST VPNCE 11VISION, AfICI10R POST P UDUCTS ':iVC., Or' CALT '011NIA, a
Corporation, the Second Party, hereinafter referred to as "Contrac-
tor";
WITNESSETH:
THIS AGR�'EMENT IS BASED UPOV THE FOLLOWING PREi-AIS2S:
(a) A notice was duly published calling for separate bids
With reference to improvements to be constructed in Ray Park, a
public playground in the City of Burlin„ame, on the plans and spec-
ifications as stated under Section 7 thereof.
(b) On August 17, 1949, after notice duly given, the City
Council of said City awarded the contract for the construction and
the improvements herein described to Second Party, Contractor here-
in named, who, said Council found at said date and now finds to be
the lowest responsible bidder for the improvements described in
etion 7 of said plans and specifications i'or improvements in Ray
(a) City and Contractor desire to enter into this agreement
the construction of said improvements:
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1, BRIEF DESCRIPTION OF IMPROVEMENTS - Contractor shall per -
the work described and provided for in Section 7 of the Plans
Specifications for the improvements in Ray Park in said City.
2. THE CONTRACT DOCUMENTS - The complete contract consists of
following documento: The notice Invitinb :>ealed Proposals, the
on for Bidders, the Accepted Bid, this Agreement for Con-
, complete Specifications and complete Plans.
All rights and obligations of City and Contractor are fully set
th and described in the contract documents,
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3. EQUIPLIENT - PERFORMANCE OF WORK - Contractor shall furniall
all tools, equipment, apparatus, facilities, labor and material
necessary to perform and complete in a food and workmanlike manner, 3 6
the work of construction as called for, and in the manner desig-
nated in, and In strict conformity with, the plans and specifica-
tions for said work.
The equipment, labor and material shall be furnished, and thel
work performed and completed as required in the plans and specifi-I
cations, under the direction and supervision and subject to the
approval of the City Engineer of the City of burlin',-,ame.
4. GONTRACT PRICE - The City shall pay and the Contractor shall
accept in full payment for the work above a,reed to be done, the 3 ra
of $22638.00.
Said amount shall be paid as hereinafter provided,:
5, TDqB 'Y,'OR C014MENCEMENT AND COMPLIMON - The work to be per-
formed under the improvement described in this Agreement shall be
commenced on the day of September, 1949, and be completed on tho
I
day of 1949.
If contractor shall be delayed in work on said improvement by
any cause beyond the Contractorts control,, or by delay authorized
by the City, then the time of completion shall be extended for such
reasonable time as the City Ehglneer may decide.
C. PERIVIITS: V'U'IT11 LAB - Contractor shall,, at his ex-
penses obtain all necessary permits, licenses and easements for the
construction of such improvement, give all necessary notices and
pay all fees required by law.
7, SUPERINTEMENCE BY CONTRACTOR - Contractor shall ,?ive his
personal superintendence to the work on said improvement, or have
a competent superintendent satisfactory to the City Engineer of
aRld City on --or-1c t,-L all tinies ci-ari.fio, pro�,,ress, with authority
to act,
8, INSPECTION BY CITY - Contractor shall at all times mainta3*n
proper facilities and provide safe access for inspection by the
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City to all parts of the work.
91. EXTRA AND/OR ADDITIONAL WORK - Should the City at any time'
during the pro, I -.0ress of said work request any alterations,, additionj
C
or omissions from said specifications or plans, it shall be at li
arty 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 fair and reasonable
valuation. Such request for deviation must be made in writing,,
signed by the City Engineer, and cliftll b:; -accepted in writing by
the Contractor.
10. PIMMITS AND CAJIE OP THE WORK - Contractor shall be res
sable for all damages to persons or property which shall occur as
result of the Contractor's fault or negligence in connection with
the prosecution of the work and shall be responsible for the cars,
and protection of all materials delivered and work performed until
completion and final acceptance.
11. PAYMJ!XTS 11-10 CONTRACTOR - Lpon completion of the work and
its acceptance by the City, Contractor shall submit the complete
statement of all labor and material incorporated into the improve-
ments. On approval in writing by the City li4igineer,, it shall be
suIbmitted to the City C;ouncil at its second monthly meeting,, next
succeeding such approval, and within seven days after approval there-
of by the said City Council, the City shall pay the Contractor a
am based on ninety (901�y,')) per cant of the labor and -materials in-
eorporated in th,, improvements,
The remaining ten (10Z) per cent shall be paid the Contractor
thirty five days after final acceptance of the work by the City
Engineer, and duly certified voucher ti--tereforj, after contractor
shall have furnished ("Ity with the release, If required by City,,'
of all claims against the City arising under and by virtue of this
contract.
12. CONTRACT SECURITY - Contractor shall furnish a surety bond
in an amount equal to at least one hundred per cent of the contract
1price, as security for the faithful performance of this contract,
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Contractor shall also furnish a sseparate surety bond in an amount
equal to at least fifty per cent of the contract price, as securi
for the payment of all persons performin-, labor and furnishing
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materials in connection with this contract.
15. CONTRACTORIS INSURANCE - Contractor shall not corraence
work under this contract until he shall have obtained all insur-
ance required under this article and such insurance shall have been
approved by the City, nor shall the Contractor allow any sub -con-
tractor to commence work on this sub -contract until all similar in-
surance required of the sub-etntractor shall have been so obtained
and approved.
(a) GOMPENSATION IN'.URANCE - Contractor shall take out
and maintain durir4; the life of this contract, workments compensa-
tion for all his employees employed at the site of the improvement
and in case any work is sub -let, Contrnator shall require sub-
contractor similarly to provide worlonents compensation insurance
for all of the latter's employees, unless such employees are
covered by the protection afforded by Contractor, Tr, case any
class of employees enGaged in hazardous work under this contract
at the site of the project is not protected under any worlanents
conmpens,,tion law, Contractor shall provide, and shall cause each.
sub -contractor to provide adequate insurance for the protection of
employees riot otherwise protected, Contractor shall be responsible
to City for any damage resulting to It from failure of either con-
tractor of sub -contractor to take out or maintain such insurance.
(1) Public Liability Insurance - In an amount of not
less than ;.,10,000,00 for injuries, including, but not limited to,
accidental death, to any one person, and, subject to the same limit
for each person, in a-ri. amount not less than -, 20,,000,00 on account
It
1 -of one accident;
(2) Property Dama4;e Insurance - In an amomqt of not
less than $100000.00.
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16. PROOF OF CkilIRIAGE 01P' INSURANCE Contractor shall furnish
the City, on request of City Engineer,, satisfactory proof of car-
raige of the Lns-aranco. required,, anu that permitns thereon have
been -niaintained during the life of this contract.
17, NOTICE' - All notices shallbu in writing,, and delivered
in person or sent by registered mail, postage prepaid, Notices
required to be given to the City shall be addressed as follows:
Kenneth S. Fitch, City Emgineer
City 1-Tall
Burlingame, California
Notices r,-q-tdred to be given to the Contractor shall be ad-
dressed as follows:
Anchor Post Fence Division
Anchor Post Products lne*, of Calif.
460 Pifth Street
San Francisco 7, California
IN WITNESS WREREOF identical
counterparts of this agreement.,
each of which shall for all purposes be deemed an original there-
of, have been duly executed by the parties hereinabove named on
the day and year hereinabove viritten,
CIT-.11 Off' BURLINGTAME., a municipal corporation
Mayor
Attest
City Clerk
ANCHOR POST FENCE DIVISION
ANCHOR T PRODUCTS INC., OF CALIP.
icy
86 cond 'Party
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