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OAKLAND CITY COUNCILRESOLUTION No. 8^ 6 24 C.M.S.

Introduced by C o u n c i l m e m b e r

: City Attorne

RESOLUTION AWARDING A CONSTRUCTION CON TR ACT TO ANDESCONSTRUCTION, INC., THE LOWEST RESPONSIVE ANDRESPONSIBLE BIDDER, FOR THE REHABILITATION OF SANITARYSEWERS BOUNDED BY GOLF LINKS ROAD, ENCINA WAY ANDCALANDRIA A V E N U E (PROJECT NO. C312810), IN ACCOR D WITHPLANS AND SPECIFICATIONS FOR THE PROJECT ANDCONTRACTOR'S BID IN THE AMOUNT OF TWO MILLION TWOHUNDRED SEVENTY-FIVE THOUSAND THIRTY-THREE DOLLARS(S2,275,033.00)

W H E R E A S , on June 13, 2013, three bids were received by the Officeof the Cily Clerk of theCity of Oakland for The Rehabilitation of Sanitary Sewers bounded by G ol f Links Road, EneinaW ay and Calandria Avenue (Project N o. C312810); andW H E R E A S , Andes Construction, Inc., a certified S L B E bidding as a prime, is deemed thelowest responsive and responsible bidder for the project; andW T I E R E A S , there are sufficient funds in the project budget for the work in the following projectaccount:

Sewer Service Fund (3100); Capital Projects - Sanitary Sewer DesignOrganization (92244); Sewers Account (57417); Project N o. C312810; $2,275,033.00;and these funds were specificallyallocated for this project; this project w i l l help reducethe amount of sanitary sewer maintenance requirement; andW H E R E A S , City Counci l finds and determines based on the representations set forth in the CityAdministrator's report accompanying this Resolution that the construction contract approvedhereunder is temporary in nature; andW H E R E A S , the City Counci l finds that the City lacks the equipment and qualified personnel toperform the necessary work, and that the performance of this contract is in the public interestbecause of economy or better performance and that this contract is of a professional, scientific ortechnical nature; andW H E R E A S , Andes Construction, Inc. complies with all L B E / S L B E and trucking requirements;and

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W H E R E A S , the City Administrator has determined that the performance of this contract shallnot result in the loss of employment or salary by any person having permanent status in thecompetitive services; now, therefore, be itR E S O L V E D : That the construction contract for The Rehabilitation of Sanitary Sewers boundedby Golf Links Road, Hncina Way and Calandria Avenue (Project N o. C312810) is herebyawarded to Andes Construcfion, Inc. in accordance with the project plans and specifications andthe contractor's bid therefore, dated June 13, 2013, fo r the amount of Two Mill ion Two HundredSeventy-Five Thousand Thirty-1'hree Dollars; and be itF U R T H E R R E S O L V E D : That the faithful performance bond and a bond to guarantee paymentof all claims for labor and materials furnished and fo r the amount of 100% oflhe contract priceand due under the Unemployment Insurance Act submitted with respect to such work are herebyapproved; and be itE ^ U R T H E R R E S O L V E D : That the City Administrator, or her designee, is hereby authorized toenter into a contract with Andes Construction, Inc. on behalf of the City of Oakland and toexecute any amendments or modifications to said agreement within the limitations of the projectspecifications; and be itF U R T H E R R E S O L V E D : That the City Administrator, or her designee, is hereby authorized tonegotiate with the second lowest bidder and/or next lowest bidder fo r the same awarded amount,i f Andes Construction, Inc. fails to return the complete signed contract documents andsupporting documents within the days specified in the Special Pi-ovision without going back toCity Counci l ; and be itF U R T H E R R E S O L V E D : That al l other bids are hereby rejected; and be itF U R T H E R R E S O L V E D : That the contract shall be reviewed and approved by the CityAttorney fo r form and legality and placed on file in the Office of the City Clerk.

SEP 17 2013I N C O U N C I L , O A K L A N D , C A L I F O R N I A 20.P A S S E D B Y T H E F O L L O W I N G V O T E :A Y E S - B R O O K S , G A L L O , G IB S O N M C E L H A N E Y , K A LB , K A P L A N , f ^ l i ^ S C H A A F , and

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LaTonda SimmonsCity Clerk and Clerk of the Councilof the City ofOakland, California