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Resolution 1167 RESOLUTION NO. 1167 A RESOLUTION AUTHORIZING PARTIAL ACCEPTANCE OF V!ORK AND DIRECTING FILING OF NOTICE OF ACCEPTANCE OF PARTIAL COMPLETION SOUTH CHESTNUT STREET EXTENSION PROJECT NO. 1967-1 RESOLVED, by the City Council of the City of Gilroy, California, that ',mEREAS, pursuant to Resolution No. 110 of Preliminary De- termination and of Intention adopted by this Council on May 1, 1967, this Council awarded a contract to George C. Renz Construction Company for the construction and installation of improvements for said City more particularly described in said Resolution of Preliminary Determination and of Intention; WHEREAS, all of said work as described in said Resolution of Preliminary Determination and of Intention has been completed except for the installation and construction of any and all of the improvements to be made in Luchessa Avenue from the easterly line of the Southern Pacific Company right-of-way westerly 200 feet, more or less, to the limits of the work, together with all appurtenances thereto; HHEREAS, the City Engineer 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 George C. Renz Construction Company, dated July 10, 1967; and tVHEREAS, it appears to the satisfaction of this Council that said portion of the work under said contract has been com- pleted and done as provided in said contract and the plans and specifications therein referred to~ NOH, THEREFORE, IT IS ORDERED, as.follows: 1. That all of the work more particularly described in Resolution No.lllO of Preliminary Determination and of Intention / /to7 adopted by the Clty Council of the City of Gilroy on May 1, 1967, except for the installation and construction of any and all of the improvements to be made in Luchessa Avenue from the easterly line of the Southern Pacific Company right-of-way westerly 200 feet, more or less, to the limits of the work, 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. 2. Such partial acceptance shall in no way affect the applicability 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 described in the office of the County Recorder of Santa Clara County, California, the amounts retained by City from progress payments to the contractor pursuant to the specifications rela- ting 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 con- tractor and said bonds shall remain in effect until expressly released by the City. 4. This resolution shall become effective upon the execu- tion 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 Gilroy, California, at a meeting thereof held on the 4th day of December, 1967, by the following vote of the members thereof: AYES, and in favor thereof, Councilmembers: Allemand, Duffin,Kennedy,Jr.,Silva,Wentworth, and Goodrich. NOES, ABSENT, Councilmembers: None Councilmembers: Quarti rol i APPROVED: ~6~A'~ Mayor We consent and agree to the foregoing: By PACIFIC