RESO P-2390_C Dock Restroom Acceptance_Xcede Construction

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RESOLUTION NO. P-2390 RESOLUTION ACCEPTING THE C -DOCK RESTROOM IMPROVEMENT PROJECT AND AUTHORIZING RELEASE OF PAYMENT AND PERFORMANCE BONDS PURSUANT TO THE TERMS OF THE CONTRACT WITH W.C. FAIRCHILD, INC., dba XCEDE CONSTRUCTION WHEREAS, the City of Redwood City, by and through its Board of Port Commissioners, and W.C. Fairchild, Inc., dba Xcede Construction (Xcede Construction), entered into an agreement (the "Contract") for the C -dock Restroom Improvement Project (the "Project"); and WHEREAS, the Contract was approved by the Board of Port Commissioners on June 13, 2018; and WHEREAS, the work to be performed by Xcede Construction has been completed; and WHEREAS, this Board desires to evidence the completion of the work of improvement by Xcede Construction 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 Port/Reso C -Dock Restroom Improvement Project 12/3/18 dks