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RESOLUTION NO. P- 2372 <br />RESOLUTION ACCEPTING THE WHARVES 3 & 4 FENDER <br />REPLACEMENT PROJECT AND AUTHORIZING RELEASE OF <br />PAYMENT AND PERFORMANCE BONDS PURSUANT TO THE <br />TERMS OF THE CONTRACT WITH MANSON CONSTRUCTION CO. <br />WHEREAS, the City of Redwood City, by and through its Board of Port <br />Commissioners, and Manson Construction Co. entered into an agreement (the <br />"Contract") for the construction of the Wharves 3 & 4 Fender Replacement Project (the <br />"Project"); and <br />WHEREAS, the Contract was approved by the Board of Port Commissioners on <br />April 26, 2017; and <br />WHEREAS, the work to be performed by Manson Construction Co. has been <br />completed; and <br />WHEREAS, this Board desires to evidence the completion of the work of <br />improvement by Manson Construction Co. by approving a resolution accepting the <br />Project. <br />NOW, THEREFORE; <br />BE IT RESOLVED BY THE BOARD OF PORT COMMISSIONERS OF THE <br />CITY OF REDWOOD CITY AS FOLLOWS: <br />1. The Project has been completed. <br />2. The City of Redwood City, by and through its Board of Port Commissioners, <br />hereby accepts the Project. <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 />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 <br />in connection with the Project. <br />5. The Port Executive Director is hereby authorized to release the Payment <br />Bond, subject to the Port Attorney's approval, according to the terms and conditions of <br />the Contract and provided further that no stop notice or other legal request for payment <br />is received by the Port within the time allowed by law. The release of the retention is <br />authorized after proper deduction of any expenses or liability incurred by the Port (as <br />Port/Reso <br />Reso xxx <br />DKS <br />