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1967/11/20 City Council Resolution (6)WJML:PDA:gmb 111/13/67 10c RESOLUTION NO. A RESOLUTION AUTHORIZING PARTIAL ACCEPTANCE OF WORK AND DIRECTING FILING OF NOTICE OF ACCEPTANCE OF PARTIAL COMPLETION SONOMA STATE EXPRESSWAY IMPROVEMENT PROJECT NO. 1966-2 RESOLVED, by the City Council of the City of Rohnert Park, California, that WHEREAS, pursuant to Resolution of Intention No. 351 adopted by this Council on August 1, 1967, as amended, this Council awarded a contract to Arthur B. Siri, Inc., for the construction and in- stallation of improvements for said City more particularly described in said Resolution of Intention, as amended; WHEREAS, all of said work as described in said Resolution of Intention, as amended, has been completed except for the installa- tion and construction of any and all of the improvements to be made within the Northwestern Pacific Railroad right-of-way, to- gether with all appurtenances thereto; WHEREAS, the Engineer of Work of said City has filed with the City Clerk of said City his engineer's certificate as to the completion of a portion of the work provided to be done under and pursuant to the contract between said City and Arthur B. Siri, Inc., dated April 28, 1967; and WHEREAS, it appears to the satisfaction of this Council that said portion of the work under said contract has been completed and done as provided in said contract and the plans and specifica- tions therein referred to; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED as follows: 1. That all of the work more particularly described in Resolution of Intention No. 351 adopted by the City Council of the City of Rohnert Park on August 1, 1967, as amended, except for the installation and construction of any and all of the improvements to be made within the Northwestern Pacific Railroad right-of-way, together with all appurtenances thereto, be, and they are hereby, accepted subject to the filing with the City Clerk of said City of an adequate and sufficient maintenance bond approved by said City guaranteeing to repair and/or replace any and all defective material or faulty workmanship for a period of one (1) year from and after the date of acceptance of said work. 20 Such partial acceptance shall in no way affect the appli- cability of the Faithful Performance Bond and Labor and Material Bond provided by the contractor. Said bonds will remain in full force and effect until expressly released by the City. 3. City, with the consent of the surety, may release to the contractor thirty-five (35) days after the recordation of Notice of Acceptance of Partial Completion of the work hereinabove de- scribed in the office of the County Recorder of Sonoma County, California, the amounts retained by City from progress payments to the contractor pursuant to the specifications relating to said work. The payment by City to contractor of said amount shall in no way affect the applicability of the Faithful Performance Bond and Labor and Material Bond provided by contractor and said bonds shall remain in effect until expressly released by the City. 4. This resolution shall become effective upon the execution of the consent and agreement to the terms and conditions of this resolution by the contractor and his surety below. 2. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Rohnert Park, Sonoma County, Cali- fornia, at a meeting thereof, held on the 20th day of November, 1967, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: sf NOES, Councilmen: ABSENT, Councilmen: AR ROVED* L Mayor We consent and agree to the foregoing- ARTHUR B. - SIRI, INC,., By 0 'UNITED PACIFIC INSURANCE COMPANY By Olonna E111s M 3. our co'wziterparts) Bond No. 526341 Premium: it MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, U 1, MW C CaILE=ia cor poor aticr4 as Principal, and UNITED PACIFIC INSURANCE COMPANY, a Washington Corporation, of Tacoma, Washington, as Surety, are held and firmly bound unto �-�--MIHIAE. HUIMR D as Obligee, in the sum of J -------------------------------- ($ 1 o 0 DOLLARS, for the payment of which, well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has entered into a certain Contract with the Obligee, dated April2 , 1967, for constrwtion o Sonoma State :,x2mssway, Rohnert Park Street Imp rovernent 'p.roject 14o. 1966-2. NOW, THEREFORE, THE CONDITION OF THIS OBI Principal shall maintain and remedy said work and workmanship for a period of One (1) then this obligation shall be void; otherwise and effect. J th, qic,-nPf1 qPn1Pfq and nntoA LIGATION IS SUCH, That, if the free from defects in materials year4 following completion, it shall remain in full force A.M17 nf Nove-mbCr 1067