H L t D
OFFICE OF THE CIT t CUHF
OAKLAND
APPROVED AS TO FORM AND LEGALITY
22 ilUL 19 PH 7:58
0fc vim
Celso Ortiz (MayT7,2022 16:46 PDT)
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
89 366RESOLUTION NO. C.M.S.
RESOLUTION: (1) AMENDING AND EXTENDING THE TERM OF THE
AS-NEEDED CONTRACT WITH THE BEAUTIFICATION COUNCIL BY
FOURTEEN (14) MONTHS FROM APRIL 30, 2023, TO JUNE 30, 2024; (2)
INCREASING THE CONTRACT AMOUNT BY ONE MILLION TWO
HUNDRED EIGHTY THOUSAND DOLLARS ($1,280,000) FOR A TOTAL
NOT TO EXCEED CONTRACT AMOUNT OF TWO MILLION EIGHT
HUNDRED EIGHTY THOUSAND DOLLARS ($2,880,000); AND (3)
WAIVING FURTHER ADVERTISING AND COMPETITIVE REQUEST
FOR PROPOSAL/QUALIFICATION SELECTION AND LOCAL
BUSINESS/SMALL
REQUIREMENTS
LOCAL BUSINESS PARTICIPATION
WHEREAS, in 2020, the City Council approved Resolution No. 88079 C.M.S., authorizing the City Administrator to enter into agreements to provide waste removal services at homeless encampments in the City of Oakland (City), and WHEREAS, Beautification Council is dedicated to combatting the pernicious issues plaguing underserved communities, by developing innovative practices to uplift justice system- involved and unhoused individuals through on-the-job, job readiness training and life skills training; and
WHEREAS, in May 2021, the City entered into an agreement with Beautification Council to recruit, hire and train persons needed to facilitate the cleaning of encampments for an on-call two-year contract; and
WHEREAS, Beautification Council has demonstrated higher than satisfactory performance in Fiscal Year 2021-22 in managing teams of unsheltered individuals to abate litter and illegal dumping from public rights of way and encampments; and WHEREAS, this agreement advances City racial equity outcomes through valuable job readiness training and employment and improved health outcomes for unsheltered residents; and WHEREAS, the City desires to amend its on-call agreement with Beautification Council for cleaning services on Caltrans property within the City including: (1) litter pickup;
(2) bulky waste collection and disposal; (3) weed removal; and (4) additional related work to be assigned on a task order basis; and
WHEREAS, the activities included in the amended agreement with Beautification Council will be funded by Caltrans’ Clean California grant in Fund 2140 - California Department of Transportation; and
WHEREAS, Oakland Municipal Code (OMC) Sections 2.04.040 B 5 and 2.04.051 A, respectively, require the City to conduct a formal advertising and competitive Request For Qualifications/Proposals (RFQ/RFP) selection process for professional services agreements over $25,000.00; and
WHEREAS, OMC Section 2.04.051 B authorizes the City Council to waive the advertising and competitive RFQ/RFP selection requirement if it finds that it is in the City's best interests to do so; and
WHEREAS, Ordinances number 13101 C.M.S., number 13640 C.M.S. and number 13647 C.M.S. requires a minimum 50-percent (50%) Local Business Enterprise/Small Local Business Enterprise (LBE/SLBE) participation for all purchase of commodities, goods and associated services for contracts valued at or over fifty thousand dollars ($50,000) when there are at least three certified business listed in the industry, trade, or profession that constitutes a major category of work; and, WHEREAS, the City Council may waive the City’s LBE/SLBE requirements for the purchase of commodities, goods, services, supplies or combination thereof due to a lack or limited availability of SLBEs or LBEs pursuant to Part 1 of Oakland’s Local and Small Local Business Enterprise Program guidelines adopted by Ordinance No. 13647 C.M.S.; and WHEREAS, neither the proposed contractor nor staff have been able to identify any or a limited availability of LBE/SLBEs that can provide the products or perform the materials and services that are required under this contract; 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 WHEREAS, the City Council finds and determines that the performance of these contracts shall not result in the loss of employment or salary by any person having permanent status in the competitive service; and
WHEREAS, staff recommends that it is in the City’s best interests for the City Council to waive the advertising and competitive RFQ/RFP process, and the LBE/SLBE participation requirements for this contract because Beautification Council is uniquely qualified to provide this group of services, which is supported by state grant funding and includes job readiness training and development programs for homeless and justice-system-involved individuals; and WHEREAS, the City Council finds that the services provided pursuant to the agreement authorized hereunder are of a professional, scientific or technical nature and are temporary in nature; and
2 WHEREAS, the City Council finds that this agreement shall not result in the loss of employment or salary by any person having permanent status in the competitive service; now, therefore be it
RESOLVED: pursuant to OMC Section 2.04.051 B, the City Council hereby finds and determines that it is in the best interests of the City to waive the advertising, competitive RFQ/RFP selection and the LBE/SLBE participation requirements of the OMC based on the reasons set forth in this Resolution and the Report accompanying this Resolution, and so does hereby waive these requirements; and be it
FURTHER RESOLVED: That the City Council hereby awards, and the City Administrator is hereby authorized to amend the Beautification Council agreement by fourteen (14) months for a toial term of a three-years, iwo-month agreement from May 1, 2021, through June 30, 2024, to coincide with the Caltrans grant funding and to appropriate an additional one million two hundred eighty thousand dollars ($1,280,000) for a total not to exceed contract amount of two million eight hundred eighty thousand dollars ($2,880,000) with Beautification Council to provide litter and bulky waste removal, weeding and encampment cleaning and related services; and, be it
FURTHER RESOLVED: That all expenditures related to this proposed contract shall be allocated in the California Department of Transportation Fund (2140); Organization KOCB:
Illegal Dumping (30674); and Keep Oakland Clean and Beautiful Program (NB35); and be it FURTHER RESOLVED: That the City Administrator or designee is hereby authorized and empowered to approve any subsequent amendments to, or extensions of said agreement, except for those related to an increase in compensation or the allocation of additional funds, provided that such amendments or extensions shall be reviewed by the City Attorney and filed with the City Clerk’s Office; and be it
IN COUNCIL, OAKLAND, CALIFORNIA,
4ULl92Bffl
AYES - HI&, GALLO, KALB,4MMftM£ip, TAYLOR, THAO AND -A
PRESIDENT FORTUNATO BAS
PASSED BY THE FOLLOWING VOTE:
NOES-
ABSEN
ABSTENTIONr
fyo&zA - ^ ATTEST:
City Clerk and Clerk of the Council of the
City of Oakland, California
3 EXHIBIT A -- CCMA Project Locations
Council
District
CCMA
Email #Site# LocationSR Postmile Image Location Code
Off-Ramp Median -- 12th St (Exit 1C) Left side only from 14th St bridge to 12th______________________________________1-9801 D3 (V)AlLocationl2PM 0.69 to PM 0.6 File 1 On-Ramp -- Brush from 11th to 7th (triangular parcel right of On-ramp from 11th St, and narrow strip parcel left of On- ramp to 7th St)_______________________________________2 1-980 D3 (V)AlLocationl2 File 1PM 0.50 to PM 0.35 Off-Ramp -- 17th St/ San Pablo Ave (Exit IB) both sides up to I- 980/Hwy 24 On-Ramp Overpass1-9803 D3 (V)AlLocationl2PM 0.50 to PM 0.65 File 1 Castro St between 17th & 18th4 1-980 D3 (V)A2PM 0.85 to PM 0.90 File 1 Castro St between 15th & 17th Exit1-9805 D3 (V)A3Location9aPM 0.75 to PM 0.85 File 1 Off-Ramp -- 17th St/ San Pablo Ave (Exit IB)6 1-980 D3 (V)A3Location9aPM 0.80 to PM 0.85 File 1 Off-Ramp Median -- Brush From 19th to 20th7 1-980 D3 (V)A3Location9aPM 0.95 to PM 1.00 File 1 Off-Ramp Median -- Castro From 19th to 20th1-9808 D3 (V)A3Location9aPM 0.95 to PM 1.03 File 1 Off Ramp Median -- Harrison St/ Oakland Ave (Exit 21A), towards Oakland AveD1/D3_9 1-580 (V)A4Location30PM 44.36 to PM 44.40' File 1 Underpass -- Santa Clara Ave, below 1-580 On-Ramp10 1-580 D1 (V)A4Location30PM 44.35 to PM 44.38 File 1 Underpass -- Circular Westbound 1-580 On-Ramp from
Harrison St11 1-580 D3 (V)A4Location30PM 44.32 to PM 44.35 File 1 Underpass -- below Eastbound 1-580 On-Ramp from Oakland Ave12 1-580 D3 (V)A4Location30PM 44.26 to PM 44.28 File 1 Off-Ramp -- Harrision St/ MacArthur Blvd (Exit 21A) Right side onlyD1/D313 1-580 (V)A4Location30PM 44.15 to PM 44.20 File 1 MacArthur Blvd before Adams St. (where Perry PI turns into MacArthur@ Orange St) Left side only14 1-580 D3 (V)A4Location30PM 44.14 to PM 44.20 File 1 Westbound 1-580 via Ar.dley Ave bridge access -- NW
embankments, under bridge access______________15 1-580 D2 (V)A4Location31PM 41.92 to PM 41.97 File 1 38th Avenue -- Officer James Williams Memorial Overpass (Br No 33-0319)__________________________________________16 1-580 D5 (V) A6PM 40.39 File 2 D1/D3 35th St to intersection of 35th and San Pablo Ave17 1-580 (V) A7PM 45.62 to PM 45.67 File 2 Pl/03 36th St to intersection of 36th and San Pablo Ave18 1-581 (V) A7PM 45.67 to PM 45.69 File 2 19 1-580 35th St to intersection of 35th and MLK Jr WayD3 (V) A8PM 45.26 to PM 45.30 File 2 Underpass --1-980 & Northgate on Northgate to Sycamore20 1-980 D3 (V) A9PM 1.37 to PM 1.40 File 2 D1/D31-980 Underpass --1-980 @ Apgar (dead end) to MacArthur21 (V) A10Location7aPM 2.13 to PM 2.04 File 2 40th St & MacArthur BART Access Road22 HWY 24 D1 (V) A10Location7aPM 2.22 to PM 2.24 File 2 Off-Ramp -- MLK Jr Way/51st St Off-Ramp from MacArthur
towards 39th St23 HWY 24 D1 (V) A10Location7a File 2PM 2.05 to PM 2.11 Underpass --1-980 @ 34th St to 33rd St (dead end)24 1-980 D3 (V) A10Location7aPM 1.95 to PM 1.90 File 2 1-980 Underpasses along Eastbound HWY 24 On-Ramp
(between 31st St and 33rd St)_____________________25 1-980 D3 (V) A10Location7aPM 1.76 to PM 1.83 File 2 HWY 24 underpass on Shattuck Ave between 55th St and
54th St (dead end)26 HWY 24 D1 (V) AllPM 2.93 to PM 2.90 File 2 (V) A12Telegraph Ave to Eastbound HWY 24 On-Ramp27 HWY 24 D1 PM 3.09 to PM 3.12 File 2 28 HWY 24 HWY 24 underpass @ Claremont AveD1 (V) A13PM 3.25 to PM 3.5 File 2 29 HWY 77 HWY 77 On-Ramp from E12th St to San Leandro Ave OverpassD5 (V) A14sameLoc50PM 0.33 to PM 0.29 File 2 HWY 185 Off-Ramp to E 12th/High St to San Leandro Ave
Overpass______________________________________30 HWY 185 D5 (V) A14sameLoc50PM 0.29 to PM 0.37 File 2 HWY 77 On-Ramp - HWY 77 from E12th (sloped parcel on left)31 DS PM 0.35 to PM 3.33 (V) A14sameLoc50 File 2 HWY 185 HWY 185 below E12th to International Blvd32 D5 (V) A14sameLoc50PM 0.37 to PM 0.44 File 2 HWY 77 HWY 77 below E12th to International Blvd33 D5 (V) A14sameLoc50PM 0.37 to PM 0.44 File 2 Coliseum Way/ High St On-Ramp to 1-880, parcel on right next ;to RR tracks34 1-880 ID5
(V) A14sameLoc50PM 27.86 to PM .01S File 2
EXHIBIT A -- CCMA Project Locations
Council
District
CCMA
Email #Site# SR Location Postmile Image Location Code
Narrow median strip where two North 1-880 On-Ramps from Coliseum Way converge (HWY 77 to 1-880 and Coliseum Way to 1-880)_____________________________________________35 1-880 D5 (V) A14sameLoc50PM 27.94 to PM 27.98 File 2 1-880 Underpass at Oakport & Terminus of HWYs 77 and 185 (both corners)
1-880 &
HWY 7736 D5 (V) A14sameLoc50PM 27.92 to PM 0.11 File 2
1-880 &
HWY 77 Coliseum Way from High St to HWY 7737 D5 (V) A14sameLoc50PM 27.82 to PM 27.87 File 2 On-Ramp to Northbound 1-880 from Hegenberger Rd (half
circle parcel on right)38 1-880 D7 PM 25.32 to PM 25. 34 (V) A15sameLoc24b File 3 On-Ramp to Northbound 1-880 from Hegenberger Rd
(triangular parcel on left)39 1-880 D7 (V) A15sameLoc24bPM 25.38 to PM 25. 45 File 3 Off-Ramp from Southbound 1-880 to Hegenberger Rd (parcel on left)________________________40 1-880 D7 PM 25. 60 to PM 25.46 (V) A15sameLoc24b File 3 On-Ramp to Southbound 1-880 from Hegenberger Rd (circular parcel on right)________________________________________41 1-880 D7 PM 25. 49 to PM 25.51 (V) A15sameLoc24b File 3 Off- Ramp from Northbound 1-880 to Edes Ave (parcel on
right) ___________________________-42 1-880 D7 PM 25, 35 to PM 25.46 (V) A15sameLoc24b File 3 On-Ramp to Northbound 1-880 from Hegenberger Rd (parcel on right of curve)_____________________________________ (V) A15sameLoc24a1-88043 D7 PM 25.58 to PM 25.63 File 3 Northeast bound on Edes Ave from 1-880 (parcel to the left between Edes and Hegenberger)44 1-880 D7 PM 25.535 to PM 25.645 (V) A15sameLoc24a File 3 On-Ramp to Northbound 1-880 from Hegenberger Rd (circular parcel on right)45 1-880 D7 (V) A15sameLoc24aPM 25.52 to PM 25.49 File 3 On Northbound 1-880 - parcel to the right from Hegenberger Rd Underpass to the next 1-880 Northbound On-ramp (parcel under BART to OAK Airport Rail-line)_____________________46 1-880 D7 (V) A15sameLoc24aPM 25.535 to PM 25.60 File 3 Exit 36 on Southbound 1-880 (triangular parcel to left
between freeway and Exit 36, up to circular On-ramp to
Southbound 1-880)________________________________47 1-880 D7 (V) A15sameLoc24aPM 25.64 to PM 25.53 File 3 23rd Ave @ E 7th St - downslope parcel to Southbound 1-880 on right heading towards 23rd Ave Overpass______________48 1-880 D5 (V) A17sameLoc26PM 28.91 to PM 28.85 File 3 Northbound 1-880 @ 29th Ave turnabout (Underpass area)49 1-880 D5 (V) A17sameLoc26PM 28.67 to PM 28.69 File 3 Southbound 1-880 on 29th Ave @ 29th Ave & E 7th St
(narrow strips on both sides of On-ramp)___________50 1-880 D5 (V) A17sameLoc26PM 28.68 to PM 28.63 File 3 Exit 39A on Southbound 1-880 (both sides to intersection of Elmwood Ave & Derby Ave)___________________________51 1-880 D5 (V) A17sameLoc26PM 28.60 to PM 28.50 File 3 Exit 29B on Eastbound 580 - both sides of exit (from freeway exit to approx. Stanley @ Frazier Ave)52 1-580 D7 (V) A20(M20)PM 35.79 to PM 35.86 File 4 On-Ramp -- Westbound 1-580 @ Peralta Oaks Dr & 106th Ave; both sides53 1-580 D7 (V) A20(M20)PM 35.737 to PM 35.82 File 4 On-ramp -- Eastbound 1-580 @ 98th Ave (parcel on right to approx. Stanley @ Frazier Ave) *continuation of Site #5354 1-580 D7 (V) A22(M3)PM 35.86 to PM 36.275 File 4 Underpasses -- HWY 24; on Northgate Ave between
24th/25th St to Eastbound HWY 24 on-ramp55 1-980 D3 (V) A23(M13)PM 1.337 to PM 1.537 File 4 Underpasses (Fenced Areas) -- HWY 24; two segments of
23rd St on either sides of MLK, Jr, to W. Grand Ave_____56 1-980 D3 (V) A24(M14)PM 1.26 to PM 1.195 File 4 Underpass --1-880 next to Lake Merritt Channel57 1-880 D2 (V) A25(M22)PM 30.80 to PM 30.82 File 4