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