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That the City Manager or his designee is authorized to negotiate and approve cumulative <br />change orders up to a maximum of 5% of the original contract amount, or $359,409; and <br />That $930,000 is hereby appropriated from Measure BB fund balance to account 141-38- <br />369; and <br />That $110,000 is hereby appropriated from Development Fees for Street Improvements <br />(DFSI) fund balance to account 120-28-167; and <br />BE IT FURTHER RESOLVED: <br />That if the above named contractor is unable to execute the contract, then the City <br />Manager is authorized to award this contract to the next lowest responsible bidder, execute all <br />documents to effect the award, and take all actions necessary to recover any bid security from the <br />low bidder necessary to make the City whole in its acceptance of the lowest bid. <br />Introduced by Councilmember Cox and passed and adopted this 18th day of July, 2016, <br />by the following vote: <br />Members of the Council: <br />AYES: Councilmembers Cox, Lee, Lopez, Reed, Thomas; Mayor Cutter (6) <br />NOES: None (0) <br />EXCUSED: Prola <br />ATTEST: <br />Tamika Greenwood, City Clerk <br />RESOLUTION NO. 2016-095 <br />(1) <br />