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<br />4> <br /> <br />~ <br /># <br /> <br />o <br /> <br />o <br /> <br /> <br />~, ~f>ov' ''''" ,,-">, <br />I )tf- -, "' 1. - \ ,,-,. r~ <br />f I ~ l ' ') ,\ I" / ,,' <br />\h~) iro' ^',/ <br /> <br />RESOLUTION NO. p.2089 <br /> <br />RESOLUTION ACCEPTING THE FRONTAGE ROAD TRACK CROSSING PAVEMENT <br />IMPROVEMENT PROJECT AND AUTHORIZING RELEASE OF PAYMENT AND <br />PERFORMANCE BONDS PURSUANT TO THE TERMS OF THE CONTRACT WITH <br />TOP GRADE CONSTRUCTION, INC. <br /> <br />WHEREAS, the City of Redwood City, by and through its Board of Port <br />Commissioners, and Top Grade Construction, Inc. entered into an agreement (the <br />"Contract") for the frontage road track crossing pavement improvement project (the <br />"Project"); and <br /> <br />WHEREAS, the Contract was approved by the Board of Port Commissioners on <br />August 26, 2009; and <br /> <br />WHEREAS, the work to be performed by Top Grade Construction, Inc. has been <br />completed; and <br /> <br />WHEREAS, this Board desires to evidence the completion of the work of <br />improvement by Top Grade Construction, Inc. by approving a resolution accepting the <br />Project; and <br /> <br />NOW, THEREFORE; <br /> <br />BE IT RESOLVED BY THE BOARD OF PORT COMMISSIONERS OF THE <br />CITY OF REDWOOD CITY AS FOllOWS: <br /> <br />1. The Project has been completed. <br /> <br />2. The City of Redwood City, by and through its Board of Port Commissioners, <br />hereby accepts the Project. <br /> <br />3. The Port Executive Director is hereby authorized and directed to file a <br />Certificate of Acceptance with the County Recorder's Office to evidence completion of <br />the Project. <br /> <br />4. Acceptance of the Project is not, and shall not in any way be construed as, a <br />waiver of any and all causes of action that the Port has or may have against any party in <br />connection with the Project. <br /> <br />5. The Port Executive Director is hereby authorized to release payment owed, if <br />any, including any retention, if any is owed, to Top Grade Construction, Inc. or any third <br />party entitled to said payment( s), according to the terms and conditions of the Contract <br />and law, subject to the Port Attorney's approval, provided that no stop notice of other <br />legal request for payment is received by the Port within the time allowed by law. <br /> <br />6. The Port Executive Director is hereby authorized to release the payment and <br />performance bonds, subject to the Port Attorney's approval, within the time required by <br />law. <br /> <br />* * * * * <br /> <br />PortlReso <br />Reso 160 <br />03/17/2010 <br />FXS/fs <br />