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RESOLUTION THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO.2021-085 <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO <br />AWARD A $3,656,891 CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT <br />SYSTEMS, INC. FOR THE ANNUAL STREET SEALING 2019-2021 PROJECT, <br />PROJECT NO.2021.0070; TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE <br />AND APPROVE INDIVIDUAL CHANGE ORDERS UP TO 10% ($365,690) OF THE <br />ORIGINAL CONTRACT AMOUNT; AND TO AUTHORIZE THE CITY MANAGER <br />TO NEGOTIATE AND APPROVE CHANGE ORDERS UP TO A CUMULATIVE <br />VALUE NOT TO EXCEED 20% ($731,380) OF THE ORIGINAL CONTRACT <br />AMOUNT. (PROVIDES FOR THE APPLICATION OF PREVENTIVE MAINTENANCE <br />TREATMENTS ON CITY STREET SEGMENTS IN THE 2020 AND 2021 ASPHALT <br />MAINTENANCE ZONES AND AUTHORIZATION FOR THE CITY MANAGER TO <br />NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDERS UP TO 20% OF THE <br />CONTRACT AMOUNT) <br />WHEREAS, the City of San Leandro did, on May 18, 2021, 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, the Bay Area Air Quality Management District awarded the City of San <br />Leandro a grant, for the implementation of a road diet with Class IV bike lanes on Fairmont <br />Drive; 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 to <br />wit, American Pavement Systems, Inc., in the amount of $3,656,891; and <br />