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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> <br />RESOLUTION NO. 2023-XX <br /> <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO AWARD A $4,217,305 <br />CONSTRUCTION CONTRACT TO SUAREZ & MUNOZ CONSTRUCTION, INC. FOR MEMORIAL PARK <br />IMPROVEMENTS PROJECT, PROJECT NO. 2020.3040; TO AUTHORIZE THE CITY MANAGER TO <br />NEGOTIATE AND APPROVE INDIVIDUAL CHANGE ORDERS UP TO 5% (OR $210,866) OF THE ORIGINAL <br />CONTRACT AMOUNT; TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND APPROVE CHANGE <br />ORDERS UP TO A CUMULATIVE VALUE NOT TO EXCEED 15% (OR $632,596) OF THE ORIGINAL <br />CONTRACT AMOUNT; AND TO APPROPRIATE AN ADDITIONAL $470,000 FROM GENERAL FUNDS TO <br />THE SUBJECT PROJECT <br /> <br /> <br />WHEREAS, the City of San Leandro did, on May 24, 2023, 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 /> <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 <br />doing said work; and <br /> <br />WHEREAS, the subject project is categorically exempt from California Environmental Quality <br />Act; and <br /> <br />WHEREAS, change orders to clarify the work or respond to unusual existing conditions are a <br />normal aspect of public contracting and construction; and <br /> <br />WHEREAS, in order to expedite the delivery of public projects on schedule and on budget, <br />provide that subcontractors and workers are paid in a timely fashion, avoid as much as possible costly <br />delay claims, and insure that the City completes projects and products that are to the City’s highest <br />standards, the City Council finds that providing authorization to negotiate and approve change orders <br />is in the best interest of public health, safety and welfare. <br /> <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 <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 <br />bidder to wit, Suarez & Munoz Construction, Inc. in the amount of $4,217,305; and <br />• That the City Manager or her designee is authorized to negotiate and approve individual <br />change orders up to a maximum of 5% of the original contract amount, or $210,866 each; <br />• That the City Manager or her designee is authorized to negotiate and approve cumulative <br />change orders up to a maximum of 15% of the original contract amount, or $632,596; <br />• That $470,000 of the General Funds are appropriated for the subject project and shall be <br />deposited in account 210-62-142-5240.