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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2018-079 <br />RESOLUTION TO AWARD A $1,894,316 CONSTRUCTION CONTRACT TO <br />AMERICAN PAVEMENT SYSTEMS, INC. FOR THE ANNUAL STREET SEALING 2017-18 <br />PROJECT, PROJECT NO. 2018.0070; AUTHORIZING THE CITY MANAGER TO <br />NEGOTIATE AND APPROVE INDIVIDUAL CHANGE ORDERS UP TO 5% (OR $94,716) OF <br />THE ORIGINAL CONTRACT AMOUNT; AND AUTHORIZING THE CITY MANAGER TO <br />NEGOTIATE AND APPROVE CHANGE ORDERS UP TO A CUMULATIVE VALUE NOT TO <br />EXCEED 15% (OR $284,147) OF THE ORIGINAL CONTRACT AMOUNT (PROVIDES FOR <br />THE APPLICATION OF PREVENTIVE MAINTENANCE TREATMENTS ON CITY STREET <br />SEGMENTS IN THE 2018 ASPHALT MAINTENANCE AREA AND AUTHORIZATION FOR <br />THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDERS <br />UP TO 15% OF THE CONTRACT AMOUNT) <br />WHEREAS, the City of San Leandro did, on June 5, 2018, publicly open, examine and declare <br />all sealed proposals or bids for doing the work described in the bid documents for the subject project; <br />and <br />WHEREAS, said proposals were submitted to the Engineering and Transportation Director <br />who finds that the proposal hereinafter mentioned is the lowest responsive bid by a responsible bidder <br />for doing said work of the Base Bid and Additive Bid A; and <br />WHEREAS, the subject project is categorically exempt from the California Environmental <br />Quality Act; and <br />WHEREAS, change orders to clarify the work or respond to unusual existing conditions are a <br />normal aspect of public contracting and construction; and <br />WHEREAS, the State of California Department of Resources Recycling and Recovery <br />awarded the City a grant to reimburse at a certain rate the costs associated with incorporating recycled <br />tires in the project; and <br />WHEREAS, in order to expedite the delivery of public projects on schedule and on budget, <br />provide that subcontractors and workers are paid in a timely fashion, avoid as much as possible costly <br />delay claims, and insure that the City completes projects and products that are to the City's highest <br />standards, the City Council finds that providing authorization to negotiate and approve change orders <br />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 mentioned; <br />hereby waives any irregularities in the proposal or bid of the lowest responsible bidder; and hereby <br />