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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO.2022-212 <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO AWARD A <br />CONSTRUCTION CONTRACT TO SPOSETO ENGINEERING, INC. IN THE <br />AMOUNT OF $646,640.00, FOR WASHINGTON-CHAPMAN RAILROAD CROSSING <br />IMPROVEMENTS, PROJECT NO.2016.0320; TO AUTHORIZE THE CITY <br />MANAGER TO NEGOTIATE AND APPROVE INDIVIDUAL CHANGE ORDERS UP <br />TO 5% OF THE ORIGINAL CONTRACT AMOUNT; TO AUTHORIZE THE CITY <br />MANAGER TO NEGOTIATE AND APPROVE CUMULATIVE CHANGE ORDERS UP <br />TO 15% OF THE ORIGINAL CONTRACT AMOUNT; TO APPROPRIATE $250,000.00 <br />FROM MEASURE BB FUNDS TO THE PROJECT; AND TO RE -APPROPRIATE <br />GRANT FUNDS FOR THE PROJECT. (PROVIDES FOR THE CONSTRUCTION OF <br />SAFETY IMPROVEMENTS AT THE WASHINGTON-CHAPMAN <br />RAILROAD CROSSING) <br />WHEREAS, the City of San Leandro did, on October 26, 2022, publicly open, examine <br />and 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; 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 of San Leandro City Council 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 Sposeto Engineering, Inc., in the amount of $646,640.00. <br />That the City Manager or his designee is authorized to negotiate and approve individual <br />change orders up to 5% (or $32,332.00) of the original contract amount; and <br />That the City Manager or his designee is authorized to negotiate and approve cumulative <br />change orders up to 15% (or $96,996.00) of the original contract amount; and <br />That $250,000.00 of Measure BB Local Streets and Roads Funds is appropriated to <br />account 141-38-387 for the project; and <br />