Approved As To Form And Legality
________________________
City Attorney’s Office
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION:
WAIVING FURTHER ADVERTISING, COMPETITIVE BIDDING, AND
AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE AND
ENTER INTO A SOLE SOURCE CONTRACT WITH DIABLO
ENGINEERING GROUP, A LO CAL WOMEN-OWNED MINORITY
BUSINESS MEETING THE CITY’S SMALL/LOCAL BUSINESS ENTERPRISE
PROGRAM, IN AN AMOUNT NOT TO EXCEED FIVE MILLION, FIVE HUNDRED THOUSAND DOLLARS ($5,500,000.00), TO PROVIDE
TECHNICAL PROJECT MANAGEMEN T SUPPORT AND EXPEDITE THE
DELIVERY OF CRITICAL MILESTONES FOR THE IMPLEMENTATION OF THE TOWN FOR ALL PROJECTS, SUBJECT TO FUNDING AVAILABILITY.
WHEREAS, the City of Oakland (City) is advancing nearly $500 million in complex infrastructure to Manage, Design, and Implement Transforming Oakland's Waterfront Neighborhoods (TOWN) For All Transportation Improvements (TOWN for All Projects); and
WHEREAS, in 2021, the State of California identified $279.5 million fo r Port of Oakland (Port) improvements that facilitate enhanced freight and passenger acc ess and promote the efficient and safe movement of goods and people; and
WHEREAS, of those funds, $260 million are expected to be available to support the implementation of many of the improvement projects included in the TOWN for All Projects; and
WHEREAS, the State funds must be encumbered by June 30, 2024 and expended by June 30, 2027 (State Funding); and
WHEREAS, City staff is actively working with Port staff to coordinate the programmatic elements and implementation plans for the State Funding, which will be received by the Port from the State; and
WHEREAS, to meet ambitious deadlines set by the State Funding paramete rs and timely completion of the TOWN for All Pr ojects, City staff is rapidly increasing resources, both staffing and consultant; and
WHEREAS, the City Council previously app roved a list of qualified consu ltants and delegated certain authority to the City Administrator to enter into contracts with consultants on this list (On Call List), as needs are identified by the City Administrator; and
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WHEREAS, the Diablo Engineering Group (Dia blo) is a State-certified dis advantaged business enterprise (DBE), a woman-owned business that is a certified small local business, headquartered in Oakland and on the On-Call List; and
WHEREAS, Diablo has qualified for the On Call List numerous times, demonstrating its ability to meet the City’s qualifications; and
WHEREAS, the City Administrator has enga ged Diablo to provide critical project support in developing cost estimates and funding strategies for the TOWN for All Projects; and
WHEREAS, the existing contract authority delegated to the City Administ rator for On Call List has been expended with respect to Diablo; and
WHEREAS, Oakland Municipal Code (OMC) section 2.04.050 requires advert ising and competitive bidding for contracts for the purchase of services, supplies or combination required by the City in any one transaction which exceeds $50,000, and the award to the lowest responsible, responsive bidder if award is made; and
WHEREAS, OMC Section 2.04.050.I.5 provides an exception to the advertis ing and competitive bidding requirements of the OMC upon a finding a nd determination by the City Council that it is in the best interest of the City to do so; and
WHEREAS, the procurement of relevant services for the TOWN for ALL Pro jects would be subject to the City’s 25% small or very small local business enterprise (S/VSLBE) program requirements; and
WHEREAS, the proposed Diablo contract meets the City’s S/VSLBE program requirements; and
WHEREAS, Diablo is intimately familiar with the TOWN for All Projects and can maximize time and resources in order to accelerate projects and best position the City for success to meet the requirements of the State Funding; and
WHEREAS, procuring a qualified consultant through a competitive bidding process would cause significant delays in the City’s ability to complete the requis ite tasks for the TOWN for All Projects and prevent the City from meeting the stringent State Funding deadlines; and
WHEREAS, staff seeks to keep utilizing Diablo for the TOWN for All Pro jects and requests that the City Council delegate authority to the City Administrator t o enter into a contract with Diablo in an amount not to exceed five million, five hundred thousand dollars ($5,500,000.00); and
WHEREAS, the proposed Diablo contract amount is less than 5% of the total anticipated costs for City staff and consultants to perform services (design, environmental, permits and construction) needed to deliver the overall Town for All Projects; and
WHEREAS, the City will utilize various sources of funding to support the cost Diablo’s contract; and including $39 million in grants already awarded to the City and $288 million in grants anticipated to be received by the City; now, therefore, be it
RESOLVED: That the City Council finds that Diablo has intimate knowledg e of the City’s needs
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for the TOWN for All Projects and is best suited to provide ser vices in a manner needed to best position the City for success on meeting time sensitive State Funding deadlines; and be it
FURTHER RESOLVED: That the City Council finds and determines that it is in the best interest of the City to waive advertising and competitive bidding per OMC Section 2.04.050.I.5, and authorizes the City Administrator to negotiate and enter into a sole source contract with Diablo in an amount not to exceed five million, five hundred thousand dollars ($5,500,000.00), to provide technical project management support and expedite the deliver y of critical milestones for th e implementation of the TOWN for All Projects and be it.
FURTHER RESOLVED: That the City Administrator’s a uthority granted herein is sub ject to funding availability, and the City Administrator may not contract with Diablo for any amount in excess of and/or time period beyond available funding sources; and be it
FURTHER RESOLVED: That the contract shall be reviewed and approved by the City Attorney for form and legality prior to execution and placed on file in the Office of the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California