HomeMy WebLinkAboutContracts & Agreements_16-1976 SUPPLEMENTAL AGREEMENT TO CONSTRUCTION CONTRACT
THIS AGREEMENT, by and between E. L Yeager Construction Company,
Inc , hereinafter called "Yeager" and the City of Redlands ,
hereinafter called "City", is dated this 29th day of June
1976
RECITALS
1 Yeager entered into contract with City on February 20, 1973
for construction of Schedule I, Wastewater Treatment and
Disposal Facilities , 1972 Modifications and Additions , in
accordance with Plans and Specifications as prepared by
John Carollo Engineers
2 The construction is now basically completed with the exception
of the following unresolved matters .
a Blower shut-down problems on Blowers 2 and 4.
b. Integrity of welds on trickling filter tie -rods
c High amperage on two waste sludge pump motors
d. High amperage on two variable-speed raw sewage pump
motors .
e Leaking seals on two digester recirculation pumps
f Absence of two sludge thickener hour meters
3 . There exists litigation between Environmental Equipment Division,
FMC Corporation, and E. L. Yeager Construction Company, Inc ,
City of Redlands , Travelers Indemnity Company concerning $57, 927.32
allegedly owed Environmental Equipment Division by E L Yeager
Construction Company, Inc. for equipment supplied during construc-
tion
4. Both Yeager and City desire to close out contract files on
Project.
COVENANTS
For and in consideration of the covenants herein contained, the
parties hereto agree as follows •
1. Yeager shall diligently pursue resolution of the matters
contained in Recital 2 to the satisfaction of the Public
Works Director. Attention is directed to the procedures
outlined in a letter from John Carollo Engineers to E. L.
Yeager Construction Company, Inc. dated June 3 , 1976
2 Yeager shall furnish a certified cashier' s check to City in
the amount of $10,000 to cover the following
a. Trickling filter tie-rods $1,500
b Two waste sludge pump motors 1, 000
c Two raw sewage pump motors 6, 000
d. Two digester recirculation pump seals 1, 000
e Two thickener hour meters 500
3 Yeager shall maintain in effect a surety bond in the amount
of 125 per cent of the claim filed by Environmental Equipment
Division, FMC Corporation until such time that litigation has
been resolved.
4 Yeager shall provide 1-year Contractor Warranty in accordance
with the executed guarantee and appropriate paragraph on
Page GC-16 of the specifications for the following items
a. Blower No. 2 and Blower No 4
b. Trickling filter tie-rods (with welded stubs)
c. Two (2) waste sludge pump motors .
d Two (2) variable-speed raw sewage pump installations
e. Two (2) digester recycle pumps .
f. Effluent filtration system
g. Gas engine control system.
h Digester gas meter
i. Sludge thickener hour meters .
-2-
5 . City shall accept the project as complete and file a Notice
of Completion.
6 City shall pay to Yeager all remaining monies currently withheld
on the contract following expiration of thirty-five (35) day
notice period on Completion Notice.
7. City shall release to Yeager the funds deposited under Covenant 2
when items are completed to the satisfaction of the Public Works
Director.
8 The requirements of the Plans and Specifications shall remain
in effect until expiration of the 1-year Warranty period, as
set forth in the Specifications .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY 0 REDLANDS
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APPROVED AS TO FO City
City Attorney , E YEAGER CONSTRUCTION CO. , INC.
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RECORDING REQUESTED BY �
CITY OF REDLANDS �} JJ
AND WHEN RECORDED MAIL TO t 41 RECORDED IN OFFICIAL RECORDS
C 7 JUL 2 1976 AT 2 P M
Name City Clerk . _
Street P.. O.. Box 280 �Q V DENNIS WARDLE /
AddressFEE CLERK RECORDER \I
City& Redlands, CA 92373 ``
State 11 SAN BERNARDINO COUNTY, CALIF..
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Not ce pursuant to Section 1193 1, Code of Civil Procedure, must be filed within 10 days after completion (See reverse side for Complete requirements.)
Notice is hereby given that
I. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described
2 The full name of the owner is City of Redlands
3 The full address of the owner Is 30 Cajon Street, Redlands, CA 92373
4 The nature of the title of the owner is In fee
(If other than fee, strike "In fee"and insert, for example,`purchaser under contract of purchase," or"lessee")
5 The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are.
NAMES ADDRESSES
6 A work of improvement on the property hereinafter described was completed on June 29, 1976 The work done was
Wastewater Treatment Plant Modification and Additions
7 The name of the contractor, if any, for such work of improvement was_ E L. Yeager Construction
Company, Inc , P. 0. Box 87, Riverside, CA 92502 Feb. 20, 1973
(If no contractor for work of improvement as a whole, insert"none") (Date of Contract)
8 The property on which said work of improvement was completed is in the city of Redlands ,
County of San Bernardino , State of California, and is described as follows. A portion of Lots
7 & 8 , Block 71, Rancho San Bernardino as recorded in Book 7 of
Maps , Page 2 , Records of said County.
9 The street address of said property is 1950 Nevada Street, Redlands , CA
(If no street addr has hen officiallyassigned,in " ne".
Dated June 30, 1976 Qdl1-i
Verification for Individual Owner Signature of owner or corporate ce of owner
named in paragraph 2 r agent
STATE OF CALIFORNIA, ss
County of
The undersigned, being duly sworn, says: That _he is the owner of the aforesaid interest or estate in the property described in the foregoing notice,
that _he has read the same, and knows the contents thereof, and that the facts stated therein are true
SUBSCRIBED AND SWORN TO before me
on
Signature of individual owner
named in paragraph 2 or his agent
Notary Public in and for said State
Verification for corporate officer
STATE OF CALIFORNIA,County of San Bernardino ss
John F. Shefchik
(Corporate officer/printed or typed)
being duly sworn, says-
That he is the Public Works Director of City of Redlands
the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described, that he makes this
verification on behalf of said corporation that he has read said notice and knows the contents thereof, and that the facts Herein stated are true
SUOn June
AND Jurieo before me
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►►►►000i►►O•AOf4640000►•+•/►11 / (Signature of corporate officer of ow ,ed in paragraph 2)
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• Notary Public in and for said State
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NOTICE OF COMPLETION—WOLcoTTs FORM 1114—Rev 12 66 8pt type or larger
MINUTES of an adjourned regular meeting of the City Council, City
of Redlands, held in the Council Chambers, Safety Hall,
212 Brookside Avenue, on June 29, 1976 at 3 .00 P.M.
PRESENT Charles G. DeMirjyn, Mayor
Chresten M. Knudsen, Vice Mayor
Ellsworth E. Miller, Councilman
Bertha Rose Grace, Councilwoman
Robert H. Mitchell, Acting City Manager
Edward F. Taylor, City Attorney
Alice G. Walls, Deputy City Clerk
Erwin S. Hein, Redlands Daily Facts
Pat Sheeran, San Bernardino Sun
ABSENT Warren R. Elliott, Councilman
Mayor DeMirjyn called this adjourned regular meeting of
the City Council to order at 3 .00 P.M.
The following bid for improvement of the northwest and
southwest corners of Orange Street at Redlands Boulevard
Bid Award was opened and publicly declared in the office of the
City Clerk at 10 00 A.M. .
Improvement -
Orange St. & Paul Gardner Corporation
Redlands Blvd. Ontario, CA Total $20,497.40
Since this bid is well under the engineer ' s estimate
of $24, 000.00 and meets all requirements of the specifi-
cations, it is the recommendation of the Public Works
Department that the bid be awarded to the Paul Gardner
Corporation, a fully qualified contracting firm.
On motion of Councilwoman Grace, seconded by Councilman
Miller, the bid was awarded to the Paul Gardner Cor-
poration in the amount of $20,497.40, by AYE votes of
all present.
Acting City Manager Mitchell presented the Wastewater
Treatment Plant Construction for acceptance. Council-
man Miller moved as follows
1. To approve the supplemental agreement and authorize
the Mayor to sign,
Wastewater
Treatment 2. To grant final acceptance of the construction of
Plant Com- the Wastewater Treatment Plant,
pletion
3 . To advise the staff to file the proper notice of
completion with the County Recorder.
The motion was seconded by Councilman Knudsen and
approved by AYE votes of all present.
Page one -
June 29, 1976
On motion of Councilwoman Grace, seconded by Councilman
Miller, Council approved the East Valley Transit Service
East Valley Authority Joint Powers Agreement by AYE votes of all
Transit present, with the Mayor authorized to sign the agree-
Service ment in behalf of the City. This agreement includes the
Authority City of Redlands as a member with the County of San
Joint Bernardino and cities of Colton, Fontana, Loma Linda,
Powers Rialto and San Bernardino to coordinate transit serv-
Agreement ices between the service areas of the various entities,
with no staff involvement and no dollars involved.
On motion of Councilman Miller, seconded by Councilwoman
Grace, Council adopted Resolution No. 3265, a resolution
Resolution of the City of Redlands amending Resolution No. 3187
No. 3265 establishing a salary schedule and compensation plan
Salary for city employees, by AYE votes of all present. This
Schedule resolution implements the changes previously approved
by the City Council for reorganization within the Fire
Department and changes in the Public Works Department
and the Disposal Department,
Mr. Mitchell presented Resolution No. 3266, a resolution
of the City Council of the City of Redlands, California,
declaring the results of tl,e special election held in
said city on June 8, 1976, giving the results of the
election and certification of the canvass by the Regis-
trar of Voters . On motion of Councilman Knudsen,
seconded by Councilwoman Grace, Resolution No. 3266 was
adopted by AYE votes of all present.
RESOLUTION NO. 3266
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDLANDS, CALIFORNIA, DECLARING THE RESULTS
OF THE SPECIAL ELECTION HELD IN SAID CITY ON
Resolution JUNE 8, 1976
No. 3266
THE CITY COUNCIL OF THE CITY OF REDLANDS, CALIFOR-
Library NIA, DOES RESOLVE AS FOLLOWS .
Band SECTION 1. That the City Council does hereby find,
Election determine, and declare as follows
a. That pursuant to applicable law, a special
election was held and conducted in said City on the
8th day of June, 1976, and
b. That said election was held and conducted in
conformity with all applicable provisions of law; and
c. That said special election was held for the
purpose of submitting to the voters of said City the
following bond proposition, to-wit:
Page two -
June 29, 1976