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HomeMy WebLinkAboutReso 4430-1966RESOLUTION NO. A RESOLUTION ACCEPTING COMPLETION OF A PORTION OF THE WORK AND DIRECTING CITY ENGINEER TO FILE NOTICE OF ACCEPTANCE OF COMPLETION OF PORTION OF THE WORK CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 1 RESOLVED, by the Cmty Council of the City of South San Francisco, Californma, that WHEREAS, pursuant to Resolution of Intention No. 3939, adopted May 18, 1964, thms Council awarded a contract to Baldwin-Warren Company, Inc., for the construction and installation of certain public improvements more particularly described in said Resolution of Intention; WHEREAS, all of the items of work included within said contract, other than items 46 (electroliers), 47 (conduit and wire) and 48 (junction box), have been completed to the satisfaction of the Engmneer of Work and the City Engmneer, and certificates to that effect have been filed with the City Clerk; WHEREAS, it appears to the satisfaction of this Council that samd work, other than said items 46~ 47 and 48, under said contract has been fully completed and done as provided in said contract and the plans and specmfications therein referred to; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That acceptance of completion of said work, other than said items 46, 47 and 48, be, and it is made and ordered. 2. That the City Engineer ms dmrected to execute and file for record with the County Recorder of San Mateo County, Notice of Acceptance of Completion thereof, as required by law. 3. That the adoption of this resolution and its approval by the Contractor and mrs surety shall not be con- strued to be a deletion of said items 46, 47 and 48 from said contract nor a waiver by the City of the obligatmon on the part of the Contractor or his surety to complete said items and to repair any damage to the other items of work which may be caused by such completion. 4. That the amounts heretofore withheld from progress payments as to all of the items of said contract, other than said items 46, 47 and 48, shall be paid forthwith to the Contractor upon the expiration of thirty-five (35) days from the date of recordatmon of the Notice of Acceptance of Completion of a Portion of the Work, pursuant to Section 2 of this resolution~ provided no claims or stop notices have been filed against said funds, as provmded by law. Said ten per cent (10%) wmthhold amounts shall continue to be withheld as to said items 46, 47 and 48 untml thirty-five (35) days after Notice of Acceptance of Completion thereof has been filed in the office of the County Recorder of the County of San Mateo. 5. That said acceptance of completion of a portion of the work shall in no way affect the applicability of the faithful performance bond and labor and material bond pro- vided by the Contractor, as to said items 46, 47 and 48, nor any maintenance bonds which have been filed pursuant to said contract. Ail of said bonds shall remain in effect until expressly released by the City. 6. This resolution shall become effective upon the filing with the City Clerk of the consent and agreement to the terms and conditions of this resolution by the Contractor and hms surety below. We consent and agree to the foregoing conditions: BALDWIN-WARREN COMPANY, INC. By /s/ L. W. Arnold Contractor FEDERAL INSURANCE COMPANY By /s/ Lawrence F. Di×on Attorney-in-Fact I hereby certify that the foregoing resolution was regularly intro- duced and adopted hy the City Council of the City of South San Francisco at a regular meeting held this 21st day of March, 1966, hy the following vote: AYES, COUNCILMEN NOES, " ABSENT, " Frank J. Bertucelli, Patrick E. Ahern, Emilio Cortesi, Andrew Rocca and Guido J. Rozzi None None ATTEST: