RESO P-2389_Maintenance Dredging Wharves 1,2,3 & 4 Acceptance_Dutra

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RESOLUTION NO. P-2389 RESOLUTION ACCEPTING THE WHARVES 1, 2,3 & 4 MAINTENANCE DREDGING PROJECT AND AUTHORIZING RELEASE OF PAYMENT AND PERFORMANCE BONDS PURSUANT TO THE TERMS OF THE CONTRACT WITH THE DUTRA GROUP WHEREAS, the City of Redwood City, by and through its Board of Port Commissioners, and The Dutra Group entered into an agreement (the "Contract") for the Wharves 1, 2, 3 & 4 Maintenance Dredging Project (the "Project"); and WHEREAS, the Contract was approved by the Board of Port Commissioners on September 12, 2018; and WHEREAS, the work to be performed by The Dutra Group has been completed; and WHEREAS, this Board desires to evidence the completion of the work of improvement by The Dutra Group by approving a resolution accepting the Project. NOW, THEREFORE; BE IT RESOLVED BY THE BOARD OF PORT COMMISSIONERS OF THE CITY OF REDWOOD CITY AS FOLLOWS: 1. The Project has been completed. 2. The City of Redwood City, by and through its Board of Port Commissioners, hereby accepts the Project. 3. The Port Executive Director is hereby authorized and directed to file a Certificate of Acceptance with the County Recorder's Office to evidence completion of the Project. 4. Acceptance of the Project is not, and shall not in any way be construed as, a waiver of any and all causes of action that the Port has or may have against any party in connection with the Project. 5. The Port Executive Director is hereby authorized to release the Payment Bond, subject to the Port Attorney's approval, according to the terms and conditions of the Contract and provided further that no stop notice or other legal request for payment is received by the Port within the time allowed by law. The release of the retention is authorized after proper deduction of any expenses or liability incurred by the Port (as per the terms and conditions of the Contract) and/or liquidated damages, as determined by the Port Executive Director. Port/Reso 1 Wharves 1, 2, 3&4 Maintenance Dredging Project 11/19/18 dks