IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO AWARD A $5,883,883
CONSTRUCTION CONTRACT TO DESILVA GATES CONSTRUCTION, LLC FOR THE ANNUAL STREET OVERLAY AND REHABILITATION 2019-2021 PHASE 2, PROJECT NO. 2020.0050; TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND APPROVE INDIVIDUAL CHANGE ORDERS UP TO 5% (OR $294,194) OF THE ORIGINAL CONTRACT AMOUNT; AND TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND APPROVE CHANGE ORDERS UP TO A CUMULATIVE VALUE OF 25% (OR $1,470,970) OF THE
ORIGINAL CONTRACT AMOUNT (PROVIDES FOR ROADWAY REPAIR AND
REHABILITATION ON VARIOUS STREETS THROUGHOUT THE CITY)
WHEREAS, the City of San Leandro did, on April 4, 2024, 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 Public Works Director who finds 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 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 Council of the City of San Leandro 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 DeSilva Gates Construction LLC., in the amount of $5,883,883; and
That the City Manager or her designee is authorized to negotiate and approve individual change orders up to 5% of the original contract amount, or $294,194; and DRAFT
RESOLUTION NO. 2022-XXX 2
That the City Manager or her designee is authorized to negotiate and approve cumulative change orders up to a maximum of 25% of the original contract amount, or $1,470,970; and
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 20th day of May 2024, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Kelly B. Clancy, CMC
City Clerk
DRAFT