IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO
RESOLUTION NO. 2023-
RESOLUTION TO APPROVE AND AUTHORIZE THE CITY MANAGER TO AWARD
A CONSTRUCTION CONTRACT TO SPENCON CONSTRUCTION IN THE AMOUNT OF $2,471,000, FOR CURB RAMP UPGRADES FOR ANNUAL PAVING 21-23, PROJECT NO. 2022.0050; TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND APPROVE INDIVIDUAL CHANGE ORDERS UP TO 5% OF THE ORIGINAL CONTRACT AMOUNT; TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND APPROVE CUMULATIVE CHANGE ORDERS UP TO 25% OF THE ORIGINAL CONTRACT AMOUNT; AND TO APPROPRIATE $465,000 FROM SB1 FUNDS FOR THE PROJECT IN FISCAL YEAR 2022-2023
WHEREAS, the City of San Leandro did, on November 2, 2022, publicly open, examine and declare all sealed proposals or bids for doing the work described in the bid documents for the subject project; and
WHEREAS, said proposals were submitted to the Engineering and Transportation Director who has found that the proposal hereinafter mentioned is the lowest responsive bid by a responsible bidder for doing said work; and
WHEREAS, the subject project is categorically exempt from the California Environmental Quality Act; and
WHEREAS, change orders to clarify the work or respond to unusual existing conditions are a normal aspect of public contracting and construction; and WHEREAS, in order to expedite the delivery of public projects on schedule and on budget, provide that subcontractors and workers are paid in a timely fashion, avoid as much as possible costly delay claims, and ensure that the City completes projects and products that are to the City’s highest standards, the City Council finds that providing authorization to negotiate and approve change orders is in the best interest of public health, safety and welfare.
NOW, THEREFORE, the City of San Leandro City Council does RESOLVE as follows:
That said City Council hereby rejects all of said proposals or bids except that herein mentioned; hereby waives any irregularities in the proposal or bid of the lowest responsible bidder; and hereby awards the contract for doing said work to the lowest responsible bidder, therefore, to wit Spencon Construction in the amount of $2,471,000; and That the City Manager or her designee is authorized to negotiate and approve individual change orders up to 5%, or $123,550, of the original contract amount; and That the City Manager or her designee is authorized to negotiate and approve cumulative change orders up to 25%, or $617,750 of the original contract amount; and That $465,000 of Road Repair and Accountability Act of 2017 (SB1) grant funds be appropriated for this project in account number 152-38-520.
RESOLUTION NO. 2023-XXX 2
BE IT FURTHER RESOLVED:
That if the above-named contractor is unable to execute the contract, then the City Manager is authorized to award this contract to the next lowest responsive bid by a responsible bidder, execute all documents to effect the award, and take all actions necessary to recover any bid security from the low bidder necessary to make the City whole in its acceptance of the lowest bid.
Introduced by Councilmember _______ and passed and adopted this 3rd day of January 2022, by the following vote:
Members of the Council:
AYES:
NOES:
ABSENT:
ATTEST:
Kelly B. Clancy, Acting City Clerk