RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ACCEPTING THE WORK BY SHIMMICK CONSTRUCTION COMPANY, INC. FOR THE LEVEE PROTECTION PLNNING AND IMPROVEMENTS PROJECT (CIP 327- 657) AND DIRECTING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION; AND CEQA STATUS: ENVIRONMENTAL IMPACT REPORT WAS PREPARED FOR
THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (STATE CLEARINGHOUSE NO. 20106012012)
CITY OF FOSTER CITY
WHEREAS, the Public Works Director/City Engineer has filed with the City Clerk the Notice of Completion for the work known as the Levee Protection Planning and Improvements Project (CIP 327-657) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the City of Foster City and the Shimmick Construction Company, Inc. dated July 20, 2020; and
WHEREAS, the Public Works Director/City Engineer and Shimmick Construction Company, Inc. have executed Document 00 6530 – Agreement and Release of Any and All Claims, as required by the agreement; and
WHEREAS, Shimmick Construction Company, Inc. has executed Document 00 6536 – Guaranty, as required by the agreement; and
WHEREAS, it appears to the satisfaction of the City Council that said work has been completed on February 23, 2024 in an acceptable manner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:
1. The acceptance of said work subject to reservation of all City's rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to City; and
2. The City Clerk to notarize and file for record with the County Recorder of the County of San Mateo the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and Public Works Director/City Engineer; and
3. The City Clerk to notify Shimmick Construction Company, Inc. that the Construction Performance Bond No. K13556830, 024244185, 9344776, 47-SUR-300044-01-0035, and 72BCSIE9312 from Federal Insurance Company, Zurich American Insurance Company, Liberty Mutual Insurance Company, Hartford Fire Insurance Company, and Berkshire Hathaway Specialty Insurance Company may be released one year following the recordation of the Notice of Completion; and
4. The City Clerk to release the Labor and Material Bond No. K13556830, 024244185, 9344776, 47-SUR-300044-01-0035, and 72BCSIE9312 from Federal Insurance Company, Zurich, American Insurance Company, Liberty Mutual Insurance Company, Hartford Fire Insurance Company, and Berkshire Hathaway Specialty Insurance Company thirty-five (35) days after the date of recording of the Notice of Completion if no claims or Stop Notices have been received.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of May 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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PATRICK SULLIVAN, MAYOR
ATTEST:
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PRISCILLA SCHAUS, CITY CLERK