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HomeMy WebLinkAboutReso 1008-1945RESOLUTION NO. 1008 RESOLUTION OF THE CTi'Y OF SOL~i'H SAN FRABCISCO TO ENTER INT0 A CONTRACT WITH TME CITY OF SAN BRUNO AND T~ UNITED STATES OF ANi~ICA FOR THE CONSTRUCTION OF AN 0L~£~FALL SF~ER AND PUMPING STATION. RES3L'~ED by tt~ city council of the city of South San Francisco that said city enter into a contract with the United States of America and the city of San Bruno, a muni- cipal corporation, in the form substantially as follows: "Whereas the City of South San Francisco and the City of San Bruno (hereinafter referred to as the Cities) have agreed between themselved 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 t~e 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 robe 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 construction of that part of said outfall sewer and pumping station designated in the specifications and plans for said outfall sewer project adopted by the City Council of the City of South San Francisco Hay 21, 1945, it is agreed as follows: 1. The Cities guarantee ti'mt said outfall sewer line and pumping station shall be adequate to dispose of all sewage from said 8ities and the Advance Base Personnel Depot and that the same shall be properly constructed. The Cities agree to handle the construction of said outfall sewer line and primping station through contracts let and financed by them. 5. The contract for the construction of said outfall sewer line and pumping station shallb e signed by the successful bidder as'provided in said' specifications and the awarding of the contract, and the preparation for the work shall proceed regularly and actual work is not commenced in a reasonable time after the land is in such condition a to permit the commecement of said work, the Government shall have the right to with- draw from this contract upon fifteen days' notice inwriting to the other parties heret¢ 4. The plans and specifications shall be subject to written approval of the Govern- ment and the Commandant, Twelfth Naval District is hereby desiEnated as the authorized representative of the Government in all matters contemplated by this contract. 5. The work to be done is t~at work set forth in the plans and specifications hereinabove mentioned, and alterations or deviations, increases or decreases, additior~ or omissions in said plans and specifications shall be made only after written approval taereo£ by a duly authorized representative 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 performed by Cities which are party to this agreement, and the Government shall not be financially liable the refor. 7. Representatives o£ the Government shall at all times have access to the work during construction and shallb e furnished with every reasonable facility for ascertai ing full knowledge respecting the progress, workmanship, and character of the material 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 unsuitable materials may be rejected notwithstanding the fact that such defective work and unsui~ able materials have been previously overlooked by representatives of the Government a~ accepted for payment. 9. The Government small have a right to present objections or suggestions in writ~. to the engineer, as to t~e progress, worl~nanship, and c~racter of the work and mater~ Said objections or suggestions shall be adopted or not as said engineer thinks best, 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 satisfactOrily completed, the Government will make its final inspection, and final payment shall be made as hereinafter pr~zided. line and pumping station to serve said cmtmes, a,~ Whereas representations have been made to the United States of America (hereinafter referred to as t~e 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 robe 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 Br~no~ Now therefore it is agreed that in consideration of t~e Cities' promise to carry out the construction of t~at part of said outfall sewer and pumping station designated in the specifications and plans for said outfall sewer project adopted by the City Council of the City of South San Francisco May 21, 1945, it is agreed as follows: 1. The Cities guarantee tt'~t 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 puraping station through contracts let and financed by t~'~em. 3e The contract for the construction of said outfall sewer line and pumping station shallb e signed by the successful bidder as-provided in said~ specifications and the awarding of tz~ contract, and the preparation for the work shall proceed regularly and i actual work is not commenced in a reasonable time after the land is in such condition as to permit the commecement of said work, the Government shall have the right to with- draw from this contract upon fifteen days' notice inwriting to the other parties hereto. 4. The plans and specifications shall be subject to written approval of the Govern- n~nt and the Commandant, Twelfth Naval 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 forts 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 representative of the Government. 6. Extra work which is new and unforseen end which cannot be covered by any of the items or combinations of items for which there is a bid price shall be performed by the Cities which are party to this agreement, and the Government shall not be financially liable the refor. 7. Representatives of the Government shall at all times have access to the work during construction and shall b e furnished with every reasonable facility for ascertain- lng full knowledge respecting 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 tne work in the proper manner. Defective work shall be made good and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuit- able materials have been previously overlooked by representatives of the Government and accepted for payment. 9. The Government s~all have a right to present objections or suggestions in writin to t~e engineer, as to t~e progress, workmanship, and c~aracter of the work and materia Said objections or suggestions shall be adopted or not as said engineer thinks best, but the Government shall have a right to wire, hold payment as provided hereinafter. 10. Whenever the work provided and contemplated by this agreement shall have been satisfactorily completed, the Government will make its final inspection, and final payment shall be made as hereinafter pr~zided. 11. The work shall b e diligently prosecuted to completion, and the Government shall be informed as to any suspension of work in whole or in part and the reason therefor, and an objection to improper or unnecessary suspension of work may be made by the Government to tt~e engineer in writing. If said work stoppage or delay is unsatisfactoz expalined, the Navy reserves tne right to withhold payment as 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 rigjat of way or easement or other interest in lend whatsoever. It is understood and agreed t~t the money hereinafter agreed to be paid on behalf of the Government shall be used for the construction of taat part of said outfall sewer and pumping station designated in the plans and specifications hereinbefore referred to. 1~. The Government shall pay the Cities the total sum of ~$45,400 for the con- struction of said sewer line and pumping station. Payments are to be made as follows: $10,000 when one-quarter of said work is done; ~lO,O00 more when one-half of said 484 work is done on said line; $10,000 more then three-fourths of said work is done, and the balance thereof upon completion of said work. In determining how much of t~e work has been done, progress reports, which are provided for in t~e specifications, hereinbefore mentioned, shall be made available to the Government and based upon said reports arzt upon inspections by representatives of the Government, the proportional amount of progress shall b e determined. Payment may be withheld when it appears to representatives of the Government that the work is not progress[ ng properly and with promptness or that the work ~ completed is not satisfactory. 14. It is understood that the Government shall have no respeosibility for injuries or damages sustained or arising in the construction of said work or in consequence t~ereof, and that the Government s~all be ~aved harmless from any such claims. It is further under- stood that in all matters of loss, damage, injury, or liability arising out of or connected with the exercises by the Government, its officers, agents, or employees, the Government agrees to submit to the Congrees of the United States a statement of facts in regard to such loss, d~mage, or liability and make appropriate recommendations with respect to in- demnifying and saving harmless the Cities, as the circumstances warrsnt. 15. All applicable provisions required by Federal Laws to be incorporated in an agree- ment of this character but whica 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 b e admitted to any share or part of this agreement or to any benefit to arise therefrom.' Nothing, however, herein contained shall be constructed to extend to any incorporated company, if the lease be for tae general benefit of suca corporation or company. Ti~e Mayor and the City Clerk are hereby authorized and directed, in beO~alf of said city, and under its seal, to execute the contract hereinbefore authorized. I hereby certify that tae foregoing resolution was regularly introduced and adopted by the City Council of the City of SSuth San Francisco, this 4th day of June, 1945, by the following vote: Ayes, Counci linen Noes, Councilmen Absent, Councilmen V. Boido, M. Minucciani, Charles K. Elder None G. W. Holston, Ivan M. Hays ( Seal ) Attest: Daniel McSweeney City Clerk