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HomeMy WebLinkAboutResolution No. 4736RESOLUTION NO. 4736 RESOLUTION AUTHORIZING PAYMENT OF A PORTION OF CONTRACTOR'S RETENTION FUNDS IN BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA WHEREAS, Valentine Corporation of San Rafael, California, performed the work of constructing two bridge structures as a sub- contractor to Silva's Pipeline, Inc. in the Bahia de Rafael Industrial Park Assessment District, City of San Rafael, Marin County, California; and WHEREAS, said work was completed on or about September 7, 1973; and WHEREAS, the subcontractor has not been able to obtain payment from the prime contractor pending the completion of the project and the payment by the city of the retention funds to the prime contractor; and WHEREAS, this particular situation is unique and unusual and has worked a great hardship upon the subcontractor; and WHEREAS, Robert 0. Valentine has submitted a request to Silva's Pipeline, Inc. which, in turn, has addressed a letter to the city council requesting that payment be made to the subcontractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, as follows: 1. The Director of Finance of the City of San Rafael is hereby authorized and directed to make payment for the two bridge structures upon receipt of an authorization for such payment from Ely Caillouette, Jr., Director of Public Works of the City of San Rafael and Engineer of Work for the project, setting forth the amount of such payment. 2. Said Director of Finance is directed to prepare a warrant in the amount of the required payment, which warrant is to be drawn to the order of Valentine Corporation and Silva's Pipeline, Inc. 3. The said Engineer of Work is directed to transmit said warrant to Silva's Pipeline, Inc. with instructions that the cashing of said warrant shall constitute agreement on the part of Silva's Pipeline, Inc. that the payment of said amount shall constitute a reduction in the funds retained by city only and that said payment shall in no way alter Silva's Pipeline, Inc.'s obligations with regard to final approval and acceptance of all improvements by city and/or the one-year warranty period for said improvements. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting thereof, held on the 3rd day of June, 1974, by the following vote, to wit: AYES: Councilmen : Jensen, Miskimen, Mulryan, Nixon and Mayor_Bettini NOES: ABSENT: Councilmen : None Councilmen : None MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California -2-