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WHEREAS: <br /> <br />~rHEREAS: <br /> <br />~EREAS: <br /> <br />~HEREAS: <br /> <br /> CITY OF PLEASANTON <br /> COUNTY OF ALAMEDA <br /> STATE OF CALIFORNIA <br /> <br /> R~OLUTiON NO 69-231 <br /> <br /> APPROVAL OF JOINT DEMAND WITH MACKAY HOMES, INC. <br /> %~ON SILVA'S PIPELINE, INCl., AND FIDELITY AND <br /> DEPOSIT COMPANY OF MARYLAND IN CONNECTION WITH <br /> WORK DONE PURSUANT TO CONTRACT BETWEEN CITY OF <br /> PLEASANTON AND MACKAY HOMES, DATED MAY l, 1969. <br /> <br /> ThelCity of Pleasanton and MacKay Homes, Incorporated, <br /> entered into~ a contract whereby MacKay Homes would in- <br /> stall over-sized sewer facilities upon its property, the <br /> cost of said facilities to be shared by City and MacKay <br /> Homes, Incorporated; and <br /> <br />Mackay Homes contractor for said work, Silva's Pipeline, <br />Incorporated, failed to comply with the specifications <br />with respect to the degree of soil compaction within the <br />area required for the backfilling of the sewer line <br />trench as confirmed by'G~ibaldo, Jones and Associates, <br />soils engineers; and <br /> <br />It is felt that Silva's Pipeline, Inc., and/or its bondi~ <br />cQmpan~, Fidelity and Deposit ~Company .of Maryland, are <br />responsible ifor the correc%ion of such deficiencies; and <br />IS is further reit ~that, although the City wishes to Joi~ <br />with Mackay Homes, Inc., in making demand upon the faith- <br />ful performance bond of Silva's Pipeline, Inc., for <br />correction of said deficiencies, City does not wish <br />approval of said demand to be construed as an authoriza- <br />tion to Mackay Homes, Inc., to proceed on its own account <br />with correction of said deficiencies in the event that <br />neither Silva's Pipeline, Inc., nor its bonding company <br />comply with said demand. <br /> <br /> <br />