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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2019-113 <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO AWARD A $1,720,867 <br />CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. FOR THE <br />ANNUAL STREET SEALING 2018-19 PROJECT, PROJECT NO. 2019.0070; TO AUTHORIZE <br />THE CITY MANAGER TO NEGOTIATE AND APPROVE INDIVIDUAL CHANGE ORDERS UP <br />TO 5% (OR $86,043) OF THE ORIGINAL CONTRACT AMOUNT; TO AUTHORIZE THE CITY <br />MANAGER TO NEGOTIATE AND APPROVE CHANGE ORDERS UP TO A CUMULATIVE <br />VALUE NOT TO EXCEED 15% (OR $258,130) OF THE ORIGINAL CONTRACT AMOUNT; AND <br />TO APPROPRIATE $950,000 FROM THE MEASURE BB FUND TO THE PROJECT; (PROVIDES <br />FOR THE APPLICATION OF PREVENTIVE MAINTENANCE TREATMENTS ON CITY <br />STREET SEGMENTS IN THE 2019 ASPHALT MAINTENANCE AREA AND AUTHORIZATION <br />FOR THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDERS <br />UP TO 15% OF THE TOTAL CONTRACT AMOUNT) <br />WHEREAS, the City of San Leandro did, on May 29, 2019, publicly open, examine and declare all <br />sealed proposals or bids for doing the work described in the bid documents for the subject project; and <br />WHEREAS, said proposals were submitted to the Engineering and Transportation Director who <br />finds that the proposal hereinafter mentioned is the lowest responsive bid by a responsible bidder for doing <br />said work; and <br />WHEREAS, the subject project is categorically exempt from the California Environmental Quality <br />Act; and <br />WHEREAS, the State of California Department of Resources Recycling and Recovery awarded the <br />City of San Leandro a grant, which will be reimbursed at a certain rate of the costs associated with <br />incorporating recycled tires in the project; and <br />WHEREAS, change orders to clarify the work or respond to unusual existing conditions are a normal <br />aspect of public contracting and construction; and <br />WHEREAS, in order to expedite the delivery of public projects on schedule and on budget, provide <br />that subcontractors and workers are paid in a timely fashion, avoid as much as possible costly delay claims, <br />and insure that the City completes projects and products that are to the City's highest standards, the City <br />Council finds that providing authorization to negotiate and approve change orders is in the best interest of <br />public health, safety and welfare. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as 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 />awards the contract for the base bid plus the bid alternate "A" for doing said work to the lowest <br />responsible bidder, to wit, American Asphalt Systems, Inc., in the amount of $1,720,867; and <br />• That the City Manager or his designee is authorized to negotiate and approve individual change <br />orders up to a maximum of 5% of the original contract amount, or $86,043 each; and <br />