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RESOLUTION to Award a Construction Contract to Breneman, Inc. (Lowest Bidder) for the Thrasher Park Play Equipment and Fence Project, Project No. 2006.0070, in the Amount of $192,218.50 from Park Development Fee and Special Grant Funds for the Installation of a New Play Structure and Fence Modifications; to Authorize the City Manager to Negotiate and Approve Individual Change Orders up to 10% of the Original Contract Amount; to Authorize the City Manager to Negotiate and Approve Cumulative Change Orders up to 25% of the Original Contract Amount; to Transfer $75,000.00 of Grant Funds to the Siempre Verde Park Renovation Project; and to Refund $75,000.00 of General Funds from the Siempre Verde Park Renovation Project to the General Fund Balance
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WHEREAS, the City of San Leandro did, on January 21, 2016 publicly open, examine and declare all sealed proposals or bids for doing the work described in the bid documents for the subject project; and
WHEREAS, said proposals were submitted to the Engineering and Transportation Director who finds that the proposal hereinafter mentioned is the lowest responsive bid by a responsible bidder for doing said work; and
WHEREAS, the subject project is categorically exempt from the California Environmental Quality Act.
WHEREAS, change orders to clarify the work or respond to atypical 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 negotiate and approve change orders is in the best interest of public health, safety and welfare.
NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows:
That said City Council hereby rejects all of said proposals or bids except that herein mentioned; hereby waives any irregularities in the proposal or bid of the lowest responsible bidder; and hereby awards the contract for doing said work to the lowest responsible bidder therefore, to wit, (Breneman, Inc.), in the amount of $192,218.50;
That the City Manager or his designee is authorized to negotiate and approve individual change orders up to a maximum of 10% of the original contract amount, or $19,221.85 each.
That the City Manager or his designee is authorized to negotiate and approve cumulative change orders up to a maximum of 25% of the original contract amount, or $48,054.62; and
That $75,000.00 of Grant Funds be transferred from the Thrasher Park Play Equipment and Fence project, account 150-62-117, to the Siempre Verde Park Renovation Project, account 150-62-116; and
That $75,000.00 of General Funds from the Siempre Verde Park Renovation Project, account 210-62-116, be returned to the General Fund balance; and
BE IT FURTHER RESOLVED:
That if the above named contractor is unable to execute the contract, then the City Manager is authorized to award this contract to the next lowest responsible bidder, execute all documents to effect the award, and 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.