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HomeMy WebLinkAboutReso 966-1944RESOLUTION NO. 966 TO ENTER INT0 A CONTRACT WITH THE UNITED STATES OF A~RICA AND THE CITY OF SAN BRUNO TO CONSTRUCT AN OUTFALL SEWER LINE AND PUMPING STATION. P~ESOLVED by the City Council of the City of South San Francisco that said city enter into a cohtract with the United States of America ~and the City of ~ Bruno, a mun~ cipal corporation, in the form substantially as follows: WHEREAS the City of South San Francisco and the City of San B~no (hereinafter r~ferred to as the Cities) have agre~d between themselves to construct an outfall sewer line and pumping station to serve said Cities, and WHEREAS representations have been made to the United States of America (hereinafter referred to as the Government), represented by the Navy, that the money for said project has been appropriated and is on hand, and WHEREAS the construction of said outfall sewer line and pumping station and the Government's use thereof appears to be necessary and proper to promote the welfare and sanitation of the Cities and the Advance Base Personnel Depot of the Navy located near the City of San Bruno, NOW, THEREFORE, it is agreed that in consideration of the Cities' promise to carry out the c~struction of that part of said outfall sewer and pumping station designated as the "B Line" in the specifications and plans for said outfall sewer project adopted by the City Council of the City of South San Francisco, September 28, 1944, it is agreed as follows: 1. The Cities guarantee that said outfall sewer line and pumping station shall be adequate to dispose of all sewage from said Cities and the Advance Base Personnel Depot, and that the same shall be properly constructed. 2. The Cities agree to handle the construction of said outfall sewer line and pumping station through contracts let and financed by them. 3. The~ contract for the construction of said outfall sewer line and pumping station shall be t~.' ~ r ~ ~ ~ r~ ~°~_~a~ ' s~ecifications and the awarding of the contract and ac~ua wo s no~ co ce~ ~n areas a~le time after the land is in such condition as to permit the commencement of said work, the Government shall have the right to withdraw from this contrac upon fifteen days' notice in writing to the other parties hereto. 4. The plans and specifications shall be subject to written approval of the Government and the Commandant, Twelfth Navel District is hereby designated as the authorized representative of the Government in all matters contemplated by this contract. 5. The work to be done is that work set forth in the plans and specifications hereinabove mentioned, and alterations or deviations, increases or decreases, additions or omissions in said plans and specifications shall be made only after written approval thereof by a duly authorized, representat- ive of the Government. 6. Extra work which is new and unforseen and which cannot be covered by any of the items or combinations of items for which there is a bid price shall be psrformed by the Cities which are party to this agreement, and the Government shall not be financtallM liab~, tb.w~*~ RESOLUTION NO. 966 TO ENTER INT0 A CONTRACT WITH THE UNITED STATES OF A~RICA AND THE CITY OF SAN BRUNO TO CONSTRUCT AN OUTFALL SEWER LINE AND PUMPING STATION. RESOLVED by the City Council of the City of South San Francisco that said city enter into a cohtract with the United States of America-and the City of San Bruno, a mun~ cipal corporation, in the form substantially as follows: WHEREAS the City of South San Francisco and the City of San B~no (hereinafter r~ferred to as the Cities) have agre~d between themselves to construct an outfall sewer line and pumping station to serve said Cities, and WHEREAS representations have been made to the United States of America (hereinafter referred to as the Government), represented by the Navy, that the money for said project has been appropriated and is on hand, and WHEREAS the construction of said outfall sewer line and pumping station and the Government's use thereof appears to be necessary and proper to promote the welfare and sanitation of the Cities and the Advance Base Personnel Depot of the Navy located near the City of San Bruno, NOW, THEREFORE, it is agreed that in consideration of the Cities' promise to carry out the c~struction of that part of said outfall sewer and pumping station designated as the "B Line" in the specifications and plans for said outfall sewer project adopted by the City Council of the City of South San Francisco, September 28, 1944, it is agreed as follows: 1. The Cities g~arantee that said outfall sewer line and pumping station shall be adequate to dispose of all sewage from said Cities and the Advance Base Personnel Depot, and that the same shall be properly constructed. 2. The Cities agree to handle the construction of said outfall sewer line and pumping station through contracts let and financed by them. 3. The contract for the construction of said outfall sewer line and pumping station shall be ~an~l ~s ~r~e 1 ~n~e~rn ~n o~said ' · t~,' ? r ~ ~ ~ r$S ~a~ ' soecifications and the awarding of the contract a~"th ac~ua wo ms no~ co ce~ a r~s a~le time after the land is in such condition as to pe~t the comencement of said ~rk, the Gover~ent shall ~ve the right to withdraw from this contract upon f~teen days' notice in ~iting to the other parties hereto. 4. The plans and specifications shall be subject to written approval of the Government and the Commandant, Twelfth Navel District is hereby designated as the authorized representative of the Government in all matters contemplated by this contract. 5. The work to be done is that work set forth in the plans and specifications hereinabove mentioned, and alterations or deviations, increases or decreases, additions or omissions in said plans and specifications shall be made only after written approval thereof by a duly authorized representat- ive of the Government. 6. Extra work which is new and unforseen and which cannot be covered by any of the items or combinations of items for which there is a bid price shall be D~rformed by the Cities which are party to this agreement, and the G~ernment shall not be financially liable therefor. 7. Representatives of the Government shall at all times have access to the work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respective the progress, workmanship, and character of the materials used and employed in the work. 8. Inspection of the work shall not relieve the Cities of any of their obligation to do the work in the proper manner. Defective work shall be made good and uns~dtable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously over- looked by representRtives of the Government and accepted for payment. 9. The Government shall have a right to present objections or suggestions in writing to the engineer, as to the progress, workmanship, and character of the work and materials. Said bbjections or suggestions shall be adopted or not as said engineer thinks b~st, but the Government shall have a right to withhold payment as provided hereinafter. 10. Whenever the work provided and contemplated by this agreement shall have been satisfactor- ly completed, the Government will make its final inspection, and final payment shall be made as herein- after provided. 11. The work shall be diligently prJsecuted to completion, ahd the Government shall be in- formed as to any suspension of work in whole or in part and thereason therefor, and an objection to improper or unnecessary suspension of work may be made by the Government to the en~neer in writing. If said work stoppage or delay is unsatisfactorily explained the Navy 'reserves the right to wi~hhold payment ~s hereinafter provided. 12. It is understood and agreed that none of the money to be contributed by the Government is to be used for, or in any way applied to, obtaining a right of way or easement of other interest in land whatsoever. It is understood and agreed that the money hereinafter agreed to be paid on behalf of the Government shall be used for the construction of what is referred to in the specifications here- inbefore mentioned as the "B Line". 450 13. The Government shall pay the Cities the total sum of $45,400 for the construction of said sewer line and pumping station. Payments are to be made as follows: $10,000 upon one-quarter of the work being done on the "B Line"; ~lO,o00 more upon one-half of the work being done on said line; $10,000 more upon three-fourths of the work being done on said line; and the balance thereof upon completion of the "B Line". In determining how much of the work has been done, progress reports which are provided for in the specifications, hereinbefore mentioned, shall be made available to the Government and base~ upon said reports and upon inspections by representatives of the Government the proportional amount of progress shall be determined. Payment may be wi thheld when it appears to representatives of the Government that the character of the work, materials, or workmanship is inferior or that the work is not progressing properly and with promptness or that the work completed is not satisfactory. 14. It is understood that the Government shall have no responsibility for injuries or damages sustaiued or arising in the constyuction of the line or in consequence thereof and that the Government shall be saved harmless from any such elaims. It is further understood that in all matters of loss, damage, injury, or liability arising out of or connected with the exercises by the Government, its officer, agents, or employees, the Government agrees to submit to the Congress of the United States a statement of facts in regard to such loss, damage, or liability and make appropriate recommendations with respect to indemnifying and saving harmless the Cities, as the circm~stances warrant. 15. All applicable provisions required b~ Federal ~a~s to be incorporated in an agreement of this character but which are not specifically set up herein shall be deemed to be and are hereby made a part of this agreement. 16. No member of Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise therefrom. Nothing, however, herein contained shall be con- strued to extend to any incorporated company, if the lease he for the general benefit of such corporation or .company. 17. The Mayor of said City and the City Clerk a~e hereby authorized and directed, in behalf of aaid C~ty and under its seal, to execute the contract hereinbefore authorized. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council o~ the City of South San Framisco this 3~0 da~ of November , 1944, by the following vote: Ayes, Councilmen Noes, Councilmen Absent, Councilmen Victor Bo!do, Charles K. Elder, Ivan N. Hays, George W. Holston, M. Minucciani None None mAttest: Daniel I~cSweeney City Clerk. SEAL