APPROVED AS TO FORM AND LEGALITY
_
Celso Ortiz (Mar 28, 20
_
22 _
09:48 PDT)
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _ C.M.S.
INTRODUCED BY COUNCILMEMBER [IF APPLICABLE]
RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ANDES
CONSTRUCTION, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, IN
ACCORDANCE WITH PROJECT PLANS AND SPECIFICATIONS FOR CITYWIDE EMERGENCY SANITARY SEWER REHABILITATION (PROJECT NO. 1006209) AND WITH CONTRACTOR’S BID FOR AN AMOUNT NOT TO EXCEED TWO MILLION, ONE HUNDRED FORTY-SEVEN THOUSAND, AND EIGHTEEN DOLLARS ($2,147,018.00);
AND ADOPTING APPROPRIATE CALIFORNIA ENVIRONMENTAL QUALITY FINDINGS.
WHEREAS, on January 20, 2022, two bids were received by the office of City Clerk of the City of Oakland for the Citywide Emergency Sanitary Sewer Rehabilitation (Project No. 1006209); and
WHEREAS, Andes Construction, Inc. is deemed the lowest responsive and responsible bidder for the project; and
WHEREAS, Andes Construction, Inc. bid amount is two million one hundred forty-seven thousand, and eighteen dollars ($2,147,018.00); and
WHEREAS, this project will help reduce the amount of sanitary sewer maintenance and wet weather peak flows; and
WHEREAS, the City Council finds and determines based on the representations set forth in the City Administrator’s report accompanying this Resolution that the construction contract approved hereunder is temporary in nature; and
WHEREAS, the City lacks the equipment and qualified personnel to perform the necessary work, that the performance of this contract is in the public interest because of economy or better performance and that this contract is of a professional, scientific or technical nature; and
2646873v8 / Attorney Initials - updated 12/28/2021
2 WHEREAS, the City Council finds and determines that the performance of this contract shall not result in the loss of employment or salary by any person having permanent status in the competitive service; and
WHEREAS, Andes Construction, Inc. complies with all Local and Small Local Business Enterprise (L/SLBE) and trucking requirements; and
WHEREAS, This project and action is exempt from the California Environmental Quality Act (CEQA) pursuant to the following CEQA Guidelines Sections: Section 15162 and 15163 (no further environmental review required); Section 15060(c)(2) (no direct or reasonably foreseeable indirect physical change in the environment); Section 15061(b)(3) (no significant effect on the environment); Section 15183 (projects consistent with a community plan, general plan, or zoning), Section 15301 (existing facilities), Se ction 15302 (replacement or reconstruction), and Section 15309 (inspections), each of which provides a separate and independent basis for CEQA clearance and when viewed collectively provide an overall basis for CEQA clearance; now, therefore, be it
RESOLVED: That all bids are hereby rejected; and be it
FURTHER RESOLVED: there is sufficient funding for this contract available in the Sewer Service Fund (3100), Capital Projects - Sanitary Sewer Design Organization (92244); Citywide Emergency Sanitary Sewer Rehabilitation Project (1006209); and
FURTHER RESOLVED: That the City Administrator is authorized to award a construction contract for the Citywide Emergency Sanitary Sewer Rehabilitation (project No. 1006209) to Andes Construction, Inc., the lowest responsive and responsible bidder, for an amount not to exceed of Two Million One Hundred Forty-Seven Thousand and Eighteen Dollars ($2,147,018.00) in accordance with project plans and specifications for the project and with contractor’s bid dated January 20, 2022; and be it
FURTHER RESOLVED: That the Council hereby finds that this project and action is exempt from the California Environmental Quality Act (CEQA) pursuant to the following CEQA Guidelines Sections: Section 15162 and 15163 (no further environmental review required); Section 15060(c)(2) (no direct or reasonably foreseeable indirect physical change in the environment); Section 15061(b)(3) (no significant effect on the environment); Section 15183 (projects consistent with a community plan, general plan, or zoning),Section 15301 (existing facilities), Section 15302 (replacement or reconstruction), and Section 15309 (inspections), each of which provides a separate and independent basis for CEQA clearance and when viewed collectively provide an overall basis for CEQA clearance; and be it
FURTHER RESOLVED: That the City Administrator or his designee shall file a Notice of Determination/Notice of Exemption with the Clerk of the County of Alameda for the project that is named in this resolution; and be it
FURTHER RESOLVED: That The contractor will be required to be in compliance with City’s programs such as local and small local enterprise requirements; and be it 3 FURTHER RESOLVED: That the City Administrator is hereby authorized to execute any amendments or modifications of the contract within the limitations of the project specifications; and be it
FURTHER RESOLVED: That the plans and specifications prepared for this project, including any subsequent changes during construction, that will be reviewed and adopted by the Director, or designee, are hereby approved; and be it
FURTHER RESOLVED: That all other bids are hereby rejected; 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