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RESOLUTION of the City of the San Leandro City Council to Approve and Authorize the City Manager to Execute a Non-Professional Services Agreement with Redwood Painting Company, Inc for $304,763 for the Water Pollution Control Plant Structure Recoating Project; to Authorize the City Manager to Negotiate and Approve Individual Contract Amendments Up to 10% ($30,476); and to Authorize the City Manager to Negotiate and Approve Contract Amendments up to a Cumulative Value Not to Exceed 20% ($60,953); and to Appropriate $365,716 from the Water Pollution Control Plant Enterprise Fund Balance Reserve for the Purpose of Structure Recoating
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WHEREAS, City staff sought competitive bids for the structure recoating project at the Water Pollution Control Plant and the lowest bidder was Redwood Painting Company, Inc., with a bid of $304,763; and
WHEREAS, an agreement between the City of San Leandro and Redwood Painting Company, Inc., a copy of which is attached hereto and incorporated herein by reference, was presented to the City Council; and
WHEREAS, the City Council is familiar with the contents thereof and desires to award a contract to Redwood Painting Company, Inc. for the structure recoating project; and
WHEREAS, change orders to clarify the work or respond to unusual existing conditions are a normal aspect of public contracting and construction; and
WHEREAS, in order to expedite the delivery of public projects on schedule and on budget, provide that subcontractors and workers are paid in a timely fashion, avoid as much as possible costly delay claims, and insure that the City completes projects and products that are to the City’s highest standards, the City Council finds that providing authorization to the City Manager to negotiate and approve contract amendments is in the best interest of public health, safety and welfare.
NOW, THEREFORE, the City of San Leandro City Council RESOLVES as follows:
1. That for Fiscal Year 2021-2022 an additional appropriation of funds be made from the Water Pollution Control Plant Fund balance in the amount of $365,716 to account 593-52-113-5890; and
2. That the City Council awards the agreement, substantially in the form presented, to Redwood Painting Company, Inc. as the lowest bidder, in an amount not to exceed $304,763 and the City Manager is authorized to execute the agreement; and
3. That the City Manager is authorized to make non-substantive revisions to said agreement, subject to the approval of the City Attorney as to form; and
4. That the City Manager or her designee is authorized to negotiate and approve individual contract amendments up to a maximum of 10% of the original contract amount, or $30,476 each; and
5. That the City Manager or her designee is authorized to negotiate and approve cumulative contract amendments up to a maximum of 20% of the original contract amount, or $60,953.
BE IT FURTHER RESOLVED:
That if the above named contractor is unable to execute the contract, then the City Manager or her designee is authorized to take all actions necessary to recover any bid security from the low bidder necessary to make the City whole in its acceptance of the lowest bid, to negotiate a new contract with another contractor, and to recover the difference in price between the contract awarded herein, and a negotiated contract with another company, should it become necessary or applicable.