HomeMy WebLinkAboutReso 2442-1956104
CITY OF SOUTH SAN FRANCISCO
INDUSTRIAL PARK IMd0ROV~MENT DISTRICT NO. 1
R~OLUTION NO. 2&&2
RESOLUTION D~ENDING CONTRACT FOR ~DRK ~!D IMPROVk~NTS
AND AMENDING SPECIFICATIONS
BE IT RESOLVED by the City Council of the City of South San Francisco that the Mayor and the City
Clerk are hereby authorized and directed on behalf of said City to exeCute a written Agreement between the City
and The Fay Improvement Company in ~ubstantially the follo~inE form:
AGREEMENT
THIS AGREemeNT, made and entered into this day of , 1956, by and between the
Fay Improvement Company, a California corporation, hereinafter called "Contractor", and City of South San Francisco,
a municipal corporation and political subdivision of the State of California, hereinafter called "City",
W I TN ES SETH:
~'~EREAS Contractor and City heretofore entered into an Agreement dated October 22, 1956, under which
Contractor agreed to do and perform, including the furnishing of all material required, the improvement work described
in said Agreement in proceedings pursuant to Resolution of Intention No. 2&O1 adopted by the City Council of City on
August 27, 1956, and M~rsuant to plans, profiles and specifications referred to in said Agreement; and
~EREAS Contractor and City desire to amend said Agreement and said specifications relating to payments
so that said specifications will be in accordance with the standard specifications of the State of California,
Department of Public ~brks, Division of Highways,
N07~, .?HPREFORE, Contractor and City hereby agree that Paragraph I of Section IX of the general
conditions of said specification~ shall be and is hereby ~ended to read as follows:
"SECTION IX - ME~oUR~4ENT ~ND PAYmenT
1. PARTIAL PAYMFNTS: It is hereby atipulated and agreed that the First Party shall once each month
cause an estimate in writing to be made by the Engineer of the total amount of work done and the acceptable materials
furnished and delivered by Contractor on the ground and not used, to the time of such estimate, and the value thereof.
First Party shall retain ten per cent (10%) of such estimated value of the work done and fifty per cent (50%) of the
value of the materials so estimated to have been furnished and delivered and unused, as aforesaid, as part security
for the fulfillment of this contract by Contractor and shall pay monthly to Contractor the balance not retained, as
aforesaid, after deducting therefrom all previous payments and all s~ns to be kept or retained under the terms of
this contract. No such estimate or payment shall be made when, in the judgment of the Engineer, the work is not
proceeding in accordance with the provisions of this contract, or when in his jud~gment the total value of the
work done since the last estimate amounts to less than three hundred dollars ($300.00). No such estimate or pave-
ment sh~ll be construed to be an acceptance of any defective work or impro~er materials.
The quantities of work done and materials furnished, to be p~td for, shall be measured by the
Engineer according to the pay iter. s and pay limits as set forth in the general specifications, special provisions,
and as may be set forth on'the plans or by ch~nEe orders. Monthly estimates on a l~mp s~un contract shall be made
on the basis of the percentage complete of each phase of the work. The Contractor shall furnish a break-~.o~m of
the total contract price into app~opriate phases of work for approval b~ the Engineer and said break-down shall
constitute the p~yment basis withe'ut any change thereof for the life of the contract. The purchase cost only of
major equipment forming a part of the contract shall be set forth in the said break-down and not to exceed eighty-
five per cent (85%) of such cost may be included in the monthly estimate for equipment after delivery of the same
to the site of work."
Contractor and City hereby further agree that the first sentence of Paragraph 3 of said Agreement
dated October 22, 1956, shall be and is hereby amended to read as follows:
"P~.ments,.. will be made by City to Contractor for said work perfermed and for acceptable m~terials
furnished and delivered by Contractor on the ground and not used, at the time and in the manner provided in
the specifications, as amended, and at the unit prices stated in Contractor's bid."'~
Contractor and City hereby further agree that said specifications and said agreer~ent d~ted October 22,
Fay Improvement Company, a California corporation, hereinafter called "Contractor", and City of South San Francisco,
a municipal corporation and political subdivision of the State of California, hereinafter called "City",
W I TN ES SETH:
~EREAS Contractor and City heretofore entered into an Agreement dated October 22, 1956, under which
Contractor agreed to do and perform, including the furnishing of all material required, the improvement work described
in said Agreement in proceedings pursuant to Resolution of Intention No. 2401 adopted by the City Council of City on
August 27, 1956, and M~rsuant to plans, profiles and specifications referred to in said Agreement; and
~EREAS Contractor and City desire to amend said Agreement and said specifications relating to payments
so that said specifications will be in accordance with the standard specifications of the State of California,
Department of Public Works, Division of Highways,
N0~.~, THP~EFORE, Contractor and. City hereby agree that Paragraph I of Section IX of the general
conditions of said specifications shall be and is hereby ~ended to read as follows:
"SECTION IX - MEASURHMFNT AND PAYMI~T
1. PARTIAL PAYMFNTS: It is hereby atipulated and agreed that the First Party shall once each month
cause an estimate in writing to be made by the Engineer of the total amount of work done and the acceptable materials
furnished and delivered by Contractor on the ground and not used, to the time of such estimate, and the value thereof.
First Party shall retain ten per cent (10%) of such estimated value of the work done and fifty per cent (50%) of the
value of the materials so estimated to have been furnished and delivered and unused, as aforesaid, as part security
for the fulfillment of this contract by Contractor and shall pay monthly to Contractor the balance not retained, as
aforesaid, after deducting therefrom all previous payments and all s~ms to be kept or rstained under the terms of
this contract. No such estimate or payment shall be made when, in the judgment of the Engineer, the work is not
proceeding in accordance with the provision~ of this contract, or when in his judgment the total value of the
work done since the last estimate amounts to less than three hundred dollars ($300.00). No such estimate or pay-
ment shall be construe~ ~o be an acceptanc~ of any defectLve work or impro~er materials.
The quantities of work done and materials furnished, to be p~ld for, shall be measured by the
Engineer according to the pay items and pay limits as set forth in the general, specifications, special provisions,
and as may be set forth on the plans or by change orders. Monthly estimates on a l~mp s~ contract shall be made
on the basis of the percentage complete of each phase of the work. The Contractor shall furnish a break-do~m of
the total contract price into appropriate phases of work for approval by the Engineer and said break-d~n shall
constitute the p~y~ent basis without any change thereof for the life of the contract. The purchase cost only of
major equipment forming a part of the contract shall be set forth in the said break-do~m and not to exceed eighty-
five per cent (85%) of such cost may be included in the monthly estimate for equipment after delivery of the same
to the site of work."
Contractor and City hereby further agree that the first sentence of Paragraph 3 of said Agreement
dated October 22, 1956, shall be and is hereby amended to read as follows:
"P~ments will be ma~e by City to Contractor for said work performed and for acceptable m~terials
furnished and delivere~ by Contractor on the ground and not used, at the time and in the manner provided in
the specifications, as amended, and at the unit prices stated in Contractor's bid."
Contractor and City i~ereby further agree that said specifications and said agreement dated October 2.2,
1956 as hereby ~mended are hereby r~tified, confirmed and approved.
IN ]JITNF~S ~.~qEREOF Contractor and City have executed this Agreement as of the day and year first
above written.
Contractor: THE FAY I~°ROV~.E~:T CO~,~Y
a California corporation
City:
Attest:
~?~r,~ OF SOU~I SAN FRANCI:~CO
a municipal corporation
.........
By: G.J. ROZZI
~YOR
Attest: Arbhur A. Rodondi
CITY CL~RK
BE IT FURTH~ R~OLV~ED that this resolution shall take effect i~m'~ediately.
PASSED AND ADOPTED THL~ 17th Day of December, 1956, by the following vote:
AYES:
NO~:
ABSENT:
ATTEST:
Councilmen G. J. Rozzi, Andrew Rocca, ~miliobo~tesi, Francis Lucchio and Leo J. Zyan.
None
None
Arthur A. Rodondi
Clerk of the City of South San Francisco
G. J. Rozzi
Mayor of the City of South San Francisco