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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2023- RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A NON- PROFESSIONAL SERVICES AGREEMENT WITH NEWTON CONSTRUCTION AND MANAGEMENT, INC. FOR $406,754.27 AND TO NEGOATIATE AND APPROVE CUMULATIVE CHANGE ORDERS UP TO 15% OR $61,013.14 OF THE ORIGINAL CONTRACT AMOUNT WHEREAS, the tennis courts at Washington Manor Park were built in 1967 and last renovated in 2006; and WHEREAS, a court surface has a typical lifespan of fifteen years and the courts are in need of renovation due to root intrusion caused by adjacent Poplar trees that have since been removed; and WHEREAS, On June 2, 2021, the Recreation and Parks Commission voted to recommend conversion of two tennis courts into six pickleball courts; and WHEREAS, staff recommends that the City of San Leandro approve and authorize the City Manager to enter into a Non-Professional Services Agreement between the City and Newton Construction and Management, Inc. for the project, per the attached scope of work and budget that was presented to this City Council; and WHEREAS, the City Council is familiar with the contents thereof; and WHEREAS, the City Manager recommends approval of said agreement. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: That said agreement substantially in the form presented is hereby approved and execution by the City Manager is hereby authorized; and That the City Manager or his designee is authorized to negotiate and approve cumulative change orders up to a maximum of 15%, of the original contract amount. Introduced by _______ and passed and adopted this 3rd day of January 2023, by the following vote: Members of the Council: AYES: NOES: ABSENT: ATTEST: Kelly B. Clancy, Acting City Clerk