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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2011 -203 RESOLUTION AWARDING CONSTRUCTION CONTRACT TO VEM GENERAL ENGINEERING, INC. FOR THE 14901 EAST 14 STREET DEMOLITION PROJECT, PROJECT NO. 11- 962 -39 -001 WHEREAS, the City of San Leandro did, on June 21, 2011, publicly open, examine and declare all sealed proposals or bids for doing the work described in Resolution No. 2011 -090 of the City Council of said City adopted on May 16, 2011, which resolution is hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under said resolution; and WHEREAS, the City Council on September 6, 2011, by Resolution No. 2011 -154 awarded the construction contract to Musco Excavation, Inc., the lowest responsible bidder and authorized the City Manager to enter into a construction contract with Musco Excavation, Inc.; and WHEREAS, Musco Excavation, Inc. has failed to enter into a construction contract with the City for the 14901 East 14 Street Demolition Project, Project No. 11- 962 -39 -001. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: That it hereby waives any irregularities in the bid of the new lowest responsible bidder, and hereby awards the contract for doing said work to the new lowest responsible bidder therefore, to wit: VEM General Engineering, Inc. at the prices named in its bid on file in the Office of the City Clerk. 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. Introduced by Councilmember Reed and passed and adopted this 5th day of December, 2011, by the following vote: