HomeMy WebLinkAbout58-092~SOLUTI0~£ i~0. ~8-92 A~%TTHORIZ! ~G EXECUTION OF
~¥~'~D~J~T T0 AGU~EE~k~T BET~f~Ei~ THE CITY OF S~TA
i~[A ~%ND W. D. >'00TE FOR CONSTR~CTION OF FIRST
STREET RESERVOIR Ai~D PUt,PING STATION
~,~HEREAS, heretofore, on October l~th, 1956, the City entered
into an Agree~_-~ent with W. D. ~oote for the "Construction of First
Street Reservoir and Pumping Station", which said aEree~uent provides
that 10% of all s~ms due to ?f. D. ?cote shall be held by the City
until ~ days after recording of ¥otice of Completion of work under
said Agree~ent, all as set out in Paragraphs 2~ through 32, on pages
~°-24 through B-29 of said ~greement, and
WHEREAS, W. D. Foote has requested release of one-half of said
lO~,~ retention, and James ~¥!. ~ontgomery, Consulting Engineer on said
project, reports that the work under said Agree~ent is 99~,J~ complete
and ths~ W. D. Foote has been prevented by weather from completing
the remaining work, and that the only unsettled claims known to
the Consulting Engineers total less than (;1, O00.O0, and therefore
recommends said release of said one-half of ssid retention, approx-
imately '~27,000.00, and the Director of Public Works forwards said
recormuendation with approvsl;
NOW, THE~FORE, ~E IT ~SOL~XED: That the Agreer~ent with ~.Y. D.
Foote dated October l~, 19~6, for the ~Construction of First Street
Reservoir and Pumping Station'~ be araended to provide for release of
one-half of any funds heretofore held as 10~ of the amount due to
i~' D: l~'°°te' as provided for in paragraphs 25 through 32, c~ pages
B-24 through B-29 of said Agreement, which said 10~ was in said
Agreement, is orovided to be held until 35 days after recording of
Notice of ~orapletion of ~ork under said Agreement, by the execution
of a new Agree! ent to effect a substitution of the phrase "five
percent" in every case where the phrase "ten percent", "10~?, or
"10 percent" is used in reference to said retention, and that all
a~ounts now so held in excess of 5~ of ~mounts heretofore due or
paid to W. D. ~oote be paid to him without undue delay.
PASSED AND ADOPTED by the City Council of the City of Sauta
Ana at its regular meeting held on the ~
ATTEST.
CLERK 07: TEE COUNCIL
7th day of April, 19~8.
STATE 0~' CALIFORNIA
COUNTY 0!;' ORANGE SS
CITf OP: SANTA ANA
I, EI~dA HUNTER, do hereby certify that I am the Clerk o~ the
Council of the City of Santa Aha; that the foregoing Resolution was
re~.larly introduced to said Council at its regular meeting held on
the 7th day of April , 19~8, and was at said meeting regularly
passed and adopted by the following vote, to-wit:
A?ES, COUNCII~,[E..~: Royal E. Hubbard, Stanley C. Gould, Jr.,
A. A. Hall, J. Ogden Markel
i,~O[ES, C OUi~C I I~[EN: None
AB$-~ni~T, ~O~iNCII~¥[.~. Dale H. Heinly
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