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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2016-095 <br />RESOLUTION TO AWARD A CONSTRUCTION CONTRACT TO DESILVA GATES <br />CONSTRUCTION, L.P. FOR THE ANNUAL OVERLAY / REHABILITATION 2015-16 <br />PROJECT, PROJECT NO. 2016.0050; AUTHORIZATION FOR THE CITY MANAGER TO <br />NEGOTIATE AND APPROVE INDIVIDUAL CHANGE ORDERS UP TO 5% OF THE <br />ORIGINAL CONTRACT AMOUNT; AND AUTHORIZATION FOR THE CITY MANAGER <br />TO NEGOTIATE AND APPROVE CUMULATIVE CHANGE ORDERS UP TO 15% OF THE <br />ORIGINAL CONTRACT AMOUNT; CITY COUNCIL APPROVAL TO APPROPRIATE <br />$930,000 FROM THE MEASURE BB FUND BALANCE AND $110,000 FROM THE <br />DEVELOPMENT FEES FOR STREET IMPROVEMENTS (DFSI) FUND BALANCE FOR <br />THIS PROJECT <br />WHEREAS, the City of San Leandro, on June 24, 2016, did publicly open, examine and <br />declare all sealed proposals or bids for doing the work described in the bid documents for the <br />subject project; and <br />WHEREAS, said proposals were submitted to the Engineering and Transportation <br />Director who finds that the proposal hereinafter mentioned is the lowest responsive bid by a <br />responsible bidder for doing said work ; and <br />WHEREAS, the subject project is categorically exempt from the California <br />Environmental Quality Act; and <br />WHEREAS, change orders to clarify the work or respond to unusual existing conditions <br />are a normal aspect of public contracting and construction; and <br />WHEREAS, in order to expedite the delivery of public projects on schedule and on <br />budget, provide that subcontractors and workers are paid in a timely fashion, avoid as much as <br />possible costly delay claims, and insure that the City completes projects and products that are to <br />the City's highest standards, the City Council finds that providing authorization to negotiate and <br />approve change orders is in the best interest of public health, safety and welfare. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />That said City Council hereby rejects all of said proposals or bids except that herein <br />mentioned; hereby waives any irregularities in the proposal or bid of the lowest responsible <br />bidder; and hereby awards the contract for doing said work to the lowest responsible bidder <br />therefore, to wit, DeSilva Gates Construction, L.P. in the amount of $2,396,060; and <br />That the City Manager or his designee is authorized to negotiate and approve individual <br />change orders up to a maximum of 5% of the original contract amount, or $119,803, each; and <br />RESOLUTION NO. 2016-095 <br />