58-092 - Laserfiche WebLink

Home Browse Search

~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.