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HomeMy WebLinkAboutReso - CC - 066-1949RESOLUTION NO. 66-49 ACCEPTING BID OF FRANK W. SWITH FOR IMPROV MENTS IN RAY PARK RESOLVED by the City Council of the City of Burlingame that the bid of Frank 'S. Smith to construct and complete certain improvements in Ray Park, be accepted for doing; the following work, to wit: (a) Earthwork, grading and sub -grade preparation: Structure excavation [j2.50 per cubic yard Common excavation w .75/ " " tf (b) Crusher run base - in place - 44.10 per cubic yard (c) Concrete playing courts - Lump Sum - w,121060.00 (d) Asphalt Paths - in place - 11�12.00 per ton estimated s for the/um of w,170327.00. Bd IT FURTHiM RESOLVED that the Mayor be and lie is hereby author- ized and directed to sign the attached agreement providing for the work of said improvements, for and on behalf of the City of Burlingame. p�G�ils ——;.layor. I, Herbert White, 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 September 6, 1949, and adopted by the following vote: AYES: COUNCILMEN: Atwater -Dahl -Hunt -Love -Simonds NOES: COUNCILMEN: ABSHNT: COUNCILMEN: ';one ./ fie ert K. 1 hite� City Clerk TTIIS AGRtsEMENT, made and entered into in the City of Burl County of San Mateo, State of California, this 15 day ofDeptember, 1949, by and between CITY OF BURLINGAME, a Municipal Corporation, the First Party, hereinafter referred to as "City", and FRANK W. SMITH, an individual, the Second Party, hereinafter referred to as "Contractor"; WITNESSETH: THIS AGREEMENT IS BASED UPON THE FOLLOWING PREMISES: (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 Burlingame, on each of the ing, respectively: (1) Earthwork, grading and sub-brade preparation; (2) Crusher run base; (3) Concrete playing courts; (4) Steel fencing; (5) Foot bridge construction; (6) As- phalt paths; (7) Masonry fireplaces, picnic tables and benches. (b)On August 17, 1949, after notice duly given, the City Council of said City awarded the contract for construction and improvement for a part of said work hereinabove described to Frank ':'. Smith, contractor herein named, who, said Council found at said date and now finds to be the lowest responsible bidder for the following improvements, as set forth in his bid, to wit: Section 4, ",ART'I1FOR _, (RADTNG AND SUB -GRAD'' PRIsPARATION: Item #1 - Structure excavation 4=2.50 por cubic yard Item #-2 - Common excavation v' .75� Section 59 CRUSHER RUN BASE Item #1 - in place $4.10 per cubic yard Section 6, CONCRETE PLAYING COURTS Item #1 - Lump sum (j2,060.')O Section 9, ASPHALT PATHS Item #1 - in place 12.00 per ton NOW, THER!3FORE, IT IS AGREED AS FOLLOWS: 1. BRIEF DESCRIPTION OF IMPROVrXEENTS - Contractor shall per- form the work described as set forth herein, and as set forth . -1. csele + i rn2 Fd^i� herein and submitted in his bid entitled "Sections 4, 5, o and 9." The aforesaid improvements are more fully hereinafter deser, in the "contract documents" hereinafter referred to. 2. THE CONTRACT DOCUMENTS - The complete contract consists of the following documents: The Notice Inviting Sealed Proposals, the Information for Bidders, the Accepted Bid, this Agr.ement for Construction, the Complete Specifications and Complete Plans. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents. All of the above named 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 of said documents. The documents comprising the complete contract will hereinafter be referred to as "the contract documents." 3. L�iUIPNENT - PiMFORMANCE OF ;YORE{ - Contractor shall furnish, all tools, equipment, apparatus, facilities, labor and material necessary to perform and complete in a good and workmanlike manner the work of t;oneral corstrnotion as called for, and in the manner tesignated in, and in strict conformity with, the plans and spec- ifications for said work. The equipment, apparatus, facilities, labor and material shall be furnished and said work performed and completed, as re- quired in said plans and specifications, under the direction and supervision, and subject to the approval of the City Engineer of the City. 4. CONTRACT PRICE - The City shall pay and Contractor shall Iaccept in fall payment for the work above agreed to be done, the sum of };17,327.00. Said amount shall be paid in installments as thereinafter provided. 5. TIME FOR COMMENC&INNT AND COMPLETION - The work to be formed and described in this Agreement shall be commenced on the i5 day of September, 1949, and be completed on the 1k_: 'day of ,lay). ly50 .2. If Contractor shall be delayed in work on said improvements by the acts or neglect of City or its employees, or those under City, by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts, unusual delay in transportation, unavoid- able casualties, or any causes beyond Contractor's control, or by delay authorized by City, or by any cause w'..ich City dngineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as.City Engineer may decide. This article does not exclude the recovery of damages for de- lay by either party under other provisions in the contract documents. 6. DISPUTES PFE TAINING TO PAYMENT POR WORK - Should any dis- pute arise regarding the true value of any work done, or any work omitted, or of any extra work, the Contractor may be required to do, or respecting the size of any payment to Contractor during the per- formance of this contract, such dispute shall be decided by the City Engineer and his decision shall be final and conclusive. 7. PERMITS; COMPLIANCE WITH LAVV - Contractor shall, at his expense, obtain all necessary permits, licenses and easements, for the construction of each improvement, ;-live all necessary notices, and pay all fees required by law. 8. SUPERINTENDENCE BY CONTRACTOR - Contractor shall live his personal superintendence to the work on said improvements, or have a competent foreman or superintendent satisfactory to City Engineer on the work at all times during progress, with authority to act for him. 9. INSPECTION I3Y CITY - Contractor shall at all times mainta n proper facilities and provide safe access for inspection by the City to all parts of the work, and to all jobs wherein work is in preparation. Where the specifications require work to be especiall.7 testeu or approv6d, it shall not be tested or covered up without timely otice to the City Engineer of its readiness for inspections and without the approval thereof by the City Engineer. Should any such work be covered without such notice, approval or consent, it must, if required by City Engineer, be uncovered for examination at Contractor's expense. -3- 10. M,TRA AND/OR ADDITIONAL WORK AND CHANGE'S - Should City at any time durin_; the progress of said work, request any alterations deviations, additions or omissions from said specifications or plan 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 wil: be added to or deducted from the amount of said contract price, as the case may be, by a fair and reasonable valuation. :'uch request for deviation must be made in writing, signed by the City Engineer, and shall be accepted in writing by Contractor, --1 shall be so- eoripanted by plans and specifications for such purpose. 11. NSP'XTIOPd A d.0 T,JSTING OP 41ATj1UALS - Contractor shall notify City a sufficient time in advance of the manufacture or pro+ duction of materials under this contract, in order that the City may arrange for inspection and testing of the same. Any mat rials shipped by Contractor prior to having satisfac- torily passed such testing and inspection, or prior to receipt of notice that such testing; and inspection will not be required, shall not be incorporated on the ,job of said improvement, 12, PI:R IITS AND CARE OF TH1s WORK - Contractor shall be re- sponsible for all damage to persons or property which may occur as a result of Contractor's fault or negligence in connection with the prosecution of the work, and shall be responsible for the proper care and protection of all materials delivered, and work performed, until completion and final acceptance. 13. OTHOtt CONTRACTS - City may award other contracts for ad- ditional work, and contractor shall fully cooperate with such other, contractors, and carefully fit his own work to that approved by other contractors as may be directed by City Engineer. the Contrao- for shall not conLnit or permit any act which will interfere with I the performance of work by any other contractor, 14. PAYYt.NTS TO CONTRACTOR - On the 20th day of each and every month during the progress of the work, commencing; with the 20th day of September, 1949, Contractor shall submit to City Engineer a complete itemized statement of all labor and materials .4. Incorporated and used in the completion of the said contract. On approval, in writing, of said City Engineer it shall be submitted to the City Council at its :second monthly meeting next succeeding such approval and within seven days after approval thereof by said City Coitncil, each and every month during; the progress of the work City shall pay Contractor a sure based upon ninety (90%) per cent of the labor and materials incorporated ender said contract during the month covered by said statement. The remain n ten (10, �) per cent thereof shall be paid Con- tractor 35 days after final acceptance of the work by the City, and duly certified voucher therefor, after Contractor shall have furnished City with a release, If required by City, of all claims against City arising under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by Con• tractor :from the operation of the release in stated amounts to be set forth therein, and approved by the city Engineer. 15. CONTRACT SECURITY - Contractor shall furnish a surety bo*d in an amount equal to at least one hundred per cent of the contract price, as security for the faithful performance of this contract. Contractor shall also furnish a separate surety bond in an amount equal to at least fifty per cent of the contract price,, as security for the payment of all persons performing labor and furnishing materials in connection with this contract, 169 CONTRACTOR'S INSURANCE - Contractor shall not commence work under this contract until he shall have obtained all `nsur- 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 corrmonce work on his sub -contract until all similar in- surance required of the sub -contractor shall have been so obtained and ' approved. (a) COMPENSATION INSURANCE - Contractor shall take out and maintain during 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, Contractor shall require sub- contractor similarly to provide won1men'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 hazardous work under this contract at the site of the project is not protected under any workmen's compensation law, Contractor shall provide, and shall cause each sub -contractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall he responsibl to City for any damage resulting to it from failur,-: of either con- tractor of sub -contractor to take out or maintain such insurance. (b) PUBLIC LIABILITY AND PROPIMTY DAMAGP: INSURANCE - Contractor shall take out and maintain during the life of this con- tract, such .public liability and property damage insurance as shall protect the City, Contractor and any sub -contractor performing work covered by this contract from claims for damages for personal in- jury, including; accid=ntal death, as well as from claims from prop- erty damage +doh may arise from Contractorts or sub -contractor's operations under this contr=ict, whether such operations be by him- self or any sub -contractors or by onyone directly or indirectly em- ployed by either of them and the amounts of such insurance shall be as follows; (1) Public Liability Insurance - In an amount of not less than .i;10,0')0.00 for injuries, including, but not limited to, aeddental death, to any one person, and, subject to the same limit for each person, in an amount not less than $,;20,000.00 on account Of one accident; (2) Property Damage Insurance - In an amount of not less than ?::20,000.00. 17. PROW. OF CA_LtIAGd OF INSURANCE - Contractor shall furnish City, on request of City Engineer, satisfactory proof of car- ;o of the insurance required, and that premiums thereon have n maintained during; the life of this contract. 18. NOTICL - All notices shall be in writing, and delivered -G- in person or sent by registered i-riail,, postage prepaid. Notices C: required to be ,.-iven to the City ul-iall be adc.'ressed as follows: Kenneth S. Fitchp City En6ineer City Hall,, 6-urllname, California. Notices required to be given to the Contractor shall be ad- dressed as follows: Frank 17, Smith, General Contractor P. 0. Box 726 Sa n Mateo, California, IN IWITNE'SS IWEREOF, 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 yoar hereinabove written, CITY OF' BURLINGAME,, a municipal corporation By 7 6. c lWayop-/ Attest er Sena. th AqX Second Party #a7m