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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2020-030 <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO <br />AWARD A $912,289 CONSTRUCTION CONTRACT TO MCNELY CONSTRUCTION <br />CO. FOR THE BOYS AND GIRLS CLUB POOL RESURFACING, PROJECT NO. <br />2018.3400; TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND APPROVE <br />INDIVIDUAL CHANGE ORDERS UP TO 5% (OR $45,614) OF THE ORIGINAL <br />CONTRACT AMOUNT; TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE <br />AND APPROVE CUMULATIVE CHANGE ORDERS UP TO 15% (OR $136,843) OF <br />THE ORIGINAL CONTRACT AMOUNT; AND TO APPROPRIATE ADDITIONAL <br />FUNDING OF $975,000 FROM GENERAL FUND BALANCE FOR THE PROJECT <br />(PROVIDES FOR THE REHABILITATION AND RESURFACING OF THE BOYS AND <br />GIRLS CLUB POOL, AND APPROPRIATES ADDITIONAL FUNDS FROM GENERAL <br />FUND FUND BALANCE) <br />WHEREAS, the City of San Leandro did, on March 5, 2020, 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 has found that the proposal hereinafter mentioned is the lowest responsive bid by a <br />responsible bidder for doing said work. <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 McNely Construction Co. in the amount of $912,289; 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 $45,614 each; and <br />That the City Manager or his designee is authorized to negotiate and approve cumulative <br />change orders up to a maximum of 15% of the original contract amount, or $136,843; and <br />That $975,000 shall be appropriated from the General Fund into expenditure account <br />210-62-125 for the project. <br />That $100,000 shall be returned to the General Fund from expenditure account 210-62- <br />126 (Manor Park Front Play Area) <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 responsive bid by a responsible <br />bidder, execute all documents to effect the award, and take all actions necessary to recover any <br />bid security from the low bidder necessary to make the City whole in its acceptance of the lowest <br />bid. <br />