View Attachment A — Oakland City Council, September 20, 2022

INTER OFFICE MEMORANDUM
Department of Workforce & Employment Standards (DWES)
TO: Jay Zhang, FROM: Deborah Lusk-Barnes, Director,
Civil Engineer DW& ES
PREPARED BY: Vivian Inman, DATE: December 21, 2021
Sr. Contract Compliance Officer
SUBJECT: Compliance Analysis – Request for Proposal (RFP) for 73rd Avenue Active Connections to Transit
The Senior Contract Compliance Officer conducted a compliance analysis of two (2) proposals submitted to the City in response to the above referenced RFP. Below are the results of the compliance evaluation s for the most recent L/SLBE Program for, (a) the minimum 50% Local and Small Local Business Enterprise (L/SLBE) participation requirement; and (b) a preliminary review for compliance with the Equal Benefits Ordinance (EBO.

Table 1 – Indicates the firm that met the 50% L/SLBE participation requirement and earned preference points.

Responsive to
Social Justice
Policies

PROPOSED

L/SLBE PARTICIPATION

PERCENTAGES

94.62% 5 pts. 2 pts. 0 pts. 7 pts. Y
Comments: The firm listed above met the minimum 50% L/SLBE participation requirement. The firm is EBO compliant.

Table 1A – Indicates the firm that submitted Schedule E with minimum L/SLBE participation. Therefore, zero (0) preference points were awarded. (See table below).

Responsive to
Social Justice
Policies

PROPOSED

L/SLBE PARTICIPATION

PERCENTAGES

EARNED PREFERENCE
POINTS
EBO Compliant?
Y/N
Company Name
Total
L/SLBE
LBE
SLBE
*VSLBE/
Double
count value
Total
Credited
L/SLBE
Participatio
n
Years in
Oakland
Oakland
Workforce
Total
Preference
Points
BKF Engineers 90.60% 79.80% 10.80% 0% 90.60% 0 pts. 0 pts 0 pts. 0 pts. Y Comments: The firms listed above submitted the required Schedule E with some L/SLBE participation. If the proposal with minimum participation is selected, the proposer shall be able to adjust up in order to meet the 50% L/SLBE requirement. The firm is EBO compliant. .

Should you have any questions please contact Vivian Inman, Senior Contract Compliance Officer at (510) 238-6261.

ATTACHMENT A
Project Name:

Project No.: NA
Discipline Prime & Subs Location Cert. LBE SLBE VSLBE Total Total For Tracking Only Status *double
counted value

LBE/SLBE
%
Percentages Ethn. MBE WBE
PRIME BKF Engineers Oakland CB 61.20% 61.20% 61.20% C
Transportation Planning Kittelson & Associates Oakland UB 5.70% C Landscape Architecture Merrill Morris Partners Oakland CB 12.00% 12.00% 12.00% C Lighting Design YEI Engineers Oakland CB 10.80% 10.80% 10.80% AP 10.80% Geotechnical Engineering Parikh Consultants, Inc. Oakland CB 3.70% 3.70% 3.70% AI 3.70% Environmental Clearance David J. Powers & Associates Oakland CB 2.90% 2.90% 2.90% C WIFI Network Design DTN Engineers Oakland UB 3.70% AP 3.70% Project Totals 79.80% 10.80% 0.00% 90.60% 100.00% 18.20% 0.00% Ethnicity
AA = African American
A = Asian
C = Caucasian
H = Hispanic
Legend LBE = Local Business Enterprise UB = Uncertified Business NA = Native American SLBE = Small Local Business Enterprise CB = Certified Business O = Other Total LBE/SLBE = All Certified Local and Small Local Businesses MBE = Minority Business Enterprise NL = Not Listed NPLBE = Nonprofit Local Business Enterprise WBE = Women Business Enterprise NPSLBE = Nonprofit Small Local Business Enterprise
LBE/SLBE Participation
LBE
25%
SLBE
25% or
50%
TOTAL

LBE/SLBE
50%

TOTALVSLBE
BKF Engineers
RFP for 73rd Avenue Active Connections to Transit
Engineer's Estimate Under/Over Engineers Estimate:

Requirements:

The 50% requirement can be satisfied by a combination of 25% LBE and 25% SLBE or an SLBE firm can be awarded 50% to meet the participation requirement. A VSLBE's participation is double counted toward meeting the SLBE requirement.

RE:

CONSULTANT/CONTRACTOR:

Engineer's Estimate: Contractors' Bid Amount
Bid discounted amount: Preference Points:

N/A

1. Did the 50% local/small local requirement apply: YES

2. Did the contractor meet the 50% requirement NO

79.80%

10.80%

0.00%

3. Did the contractor receive bid discount/preference points? NO (If yes, list the points received) 0 points

4. Additional Comments.

Reviewing
Officer: Date: 12/21/2021
Approved By: Date: 12/21/2021

5. Date evaluation completed and returned to Contract Admin./Initiating Dept. 12/21/2021
Date
0 a) % of LBE
participation
b) % of SLBE
participation
c) % of VSLBE
participation

DEPARTMENT OF WORKP;LACE AND EMPLOYMENT STANDARDS
(DWES)
PROJECT COMPLIANCE EVALUATION FOR :

RFP for 73rd Avenue Active Connections to Transit
BKF Engineers
Over/Under Engineer's
Estimate

NA NA NA
The firm failed to the minimum 50% L/SLBE participation requirement, however the amended L/SLBE Program requires that at the time of submittal of Schedule E (for professional services), some L/SLBE-participation must be proposed in order to satisfy the requirement at time of submission.

Project Name:

Project No.: NA
Discipline Prime & Subs Location Cert. LBE SLBE VSLBE Total Total For Tracking Only Status *double
counted value
LBE/SLBE % Percentages Ethn. MBE WBE
PRIME Kimley Horn Oakland CB 68.86% 68.86% 68.86% C
Transportation Planning Alta Planning + Design Oakland UB 7.07% C Potholing Bess Testlab, Inc. Hayward UB 1.96% C
Streetscape & Urban
Design Bottomley Design Planning Oakland CB 5.77% 5.77% 5.77% C Multimodal/Complete
Streets & Grant Support Diablo Engineering Group Oakland CB 9.92% 9.92% 9.92% C 9.92% Traffic Counts IDAX Mountain View UB 0.21% C
Public Engagement Lowe Consulting*** Oakland CB ***1.91% AA 1.91% Survey PLS Surveys Oakland CB 2,67% 2.67% 2.67% AP 2,67% Geotechnical Rockridge Geotechnical Oakland CB 1.63% 1.63% 1.63% C Project Totals 68.86% 11.55% 5.77% 88.85% 100.00% 0.00% ###### Ethnicity
AA = African American
A = Asian
C = Caucasian
H = Hispanic
Legend LBE = Local Business Enterprise UB = Uncertified Business NA = Native American SLBE = Small Local Business Enterprise CB = Certified Business O = Other Total LBE/SLBE = All Certified Local and Small Local Businesses MBE = Minority Business Enterprise NL = Not Listed NPLBE = Nonprofit Local Business Enterprise WBE = Women Business Enterprise NPSLBE = Nonprofit Small Local Business Enterprise
*** Please Note: This firm did not receive credit for SLBE participation. Per Page 21 of the most recently L/SLBE Program - an SLBE's certification must be valid for 12 months prior to the closee of the competitive process. ** Proposed VSLBE/LPG participation is valued at 5.77%, however per the L/SLBE Program a VSLBE's participation is double counted towards meeting the requirement. Double counted percentage is reflected on the evaluation form and cover memo.

LBE 25%
SLBE
25% or
50%
TOTAL

LBE/SLBE
50%

TOTALVSLBE
LBE/SLBE Participation
Kimley Horn
RFP for 73rd Avenue Active Connections to Transit
Engineer's Estimate Under/Over Engineers Estimate:

Requirements:

PROJECT COMPLIANCE EVALUATION FOR :

RE:

CONSULTANT/CONTRACTOR:

Engineer's Estimate: Contractors' Bid Amount
NA
Bid discounted amount: Preference Points:

N/A 5 points

1. Did the 50% local/small local requirement apply: YES

2. Did the contractor meet the 50% requirement YES

68.86%

14.22%

5.77%

3. Did the contractor receive bid discount/preference points? YES (If yes, list the points received) 5 points

4. Additional Comments.

Reviewing
Officer: Date: 12/21/2021
Approved
By: Vivian Inman Date: 12/21/2021
DEPARTMENT OF WORKP;LACE AND EMPLOYMENT STANDARDS
(DWES)
Date
12/21/2021

5. Date evaluation completed and returned to Contract Admin./Initiating Dept.

Over/Under Engineer's
Estimate
NANA
RFP for 73rd Avenue Connections to Transit
Kimley Horn
a) % of LBE
participation
b) % of SLBE
participation
c) % of VSLBE
participation
(Double Counted Value

11.54%)
.** Proposed VSLBE participation is valued at 5.77%, however per the L/SLBE Program a VSLBE/LPG's participation is double counted towards meeting the requirement.

Therefore, the double counted percentage is 11.54%.

Oakland City CouncilSeptember 20, 2022

Oakland City Council
September 20, 2022