Approved as to Form and Legality
2022 OCT 13 PH 3:55 Celso Ortiz (Ocm, 2022 11:53 PDT)
City Attorney's Office
0mCE&«RK
OAKLAND CITY COUNCIL
89476 >RESOLUTION NO. C.M.S.
RESOLUTION REJECTING ALL BIDS, WAIVING FURTHER
ADVERTISING AND COMPETITIVE BIDDING, AND AUTHORIZING THE
CITY ADMINISTRATOR, OR DESIGNEE, TO NEGOTIATE IN THE OPEN MARKET FOR 2021 AS-NEEDED PAVEMENT REHABILITATION
SERVICES (PROJECT 1006105); AND AUTHORIZING THE CITY
ADMINISTRATOR TO AWARD A CONSTRUCTION CONTRACT FOR
2021 AS-NEEDED PAVEMENT REHABILITATION SERVICES
(PROJECT 1006105) TO GALLAGHER & BURK, THE LOWEST
RESPONSIVE, RESPONSIBLE BIDDER IN ACCORDANCE WITH THE
PROJECT PLANS AND SPECIFICATIONS AND CONTRACTOR’S BID
IN AN AMOUNT NOT TO EXCEED FIVE MILLION, SEVEN HUNDRED
FIFTY-SEVEN THOUSAND, NINE HUNDRED SEVENTY-SEVEN
DOLLARS, AND FIFTY CENTS ($5,757,977.50), CONTINGENT UPON
AVAILABILITY OF FUNDS, AND ADOPTING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS.
WHEREAS, Oakland Municipal Code (OMC) section 2.04.050 requires advertising 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, on September 30, 2021, after a competitive bidding process, the City Clerk received four bids for the 2021 As-Needed Pavement Rehabilitation Services Project (1006105); and
WHEREAS, the bids for the project were as follows: $5,234,525 from Gallagher & Burk; $5,269,205 from McGuire & Hester; $5,695,775 from O.C. Jones & Sons; and $5,303,700 from Teichert Construction; and
WHEREAS, prior analysis performed by the Department of Workplace and Employment Standards (DWES) in November 2021 had identified that all four bids failed to meet the Small/Local Business Enterprises (S/LBE) Program requirements, and WHEREAS, on January 18, 2022, City Council directed staff to return to Council with a resolution rejecting all bids and authorized staff to negotiate with the bidders to achieve bids compliant with the S/LBE program requirements, and
WHEREAS, following negotiations, Gallagher & Burk is deemed the lowest responsive, responsible bidder and is recommended for the award; and WHEREAS, OMC Section 2.04.050.1.5 provides an exception to the need for further advertising and competitive bidding requirements of the OMC 2.04.050 upon a finding and determination by the City Council that it is in the best interest of the City to do so; and WHEREAS, staff recommends that pursuant to OMC section 2.04.050 I. 5, that it is in the best interest of the City to waive the advertising and bidding requirements of OMC section
2.04.050 because awarding this contract will freeze unit prices, representing a cost advantage for the City versus new unit prices on the open market; and WHEREAS, the Project is exempt from CEQA pursuant to Public Resources Code Section 711.4 and pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a Community Plan, General Plan or Zoning), 15301(c) (Existing Facilities, Highways and Streets), 15302 (Replacement or Reconstruction), 15303 (Small Structures), 15304(h) (minor alterations to land), and/or 15061(b)(3) (No Significant Effect on the Environment); each of the aforementioned provides a separate and independent basis for CEQA compliance; and WHEREAS, the City Council finds and determines that the performance of this contract is in the public interest because of economy or better performance; and WHEREAS, funding for this project will be available in the following project account as part of the current and anticipated FY 2021-22 CIP Budget: in Fund 5335 Measure KK, Organization 92246 Engineer Design Streets and Structures, Account 57411 Street Construction, and Project No. 1005420.
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 WHEREAS, Gallagher & Burk complies with all other local business enterprise and local trucking requirements; 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 now, therefore, be it
RESOLVED: Council finds and determines that pursuant to OMC section 2.04.050 I. 5, that it is in the best interest of the City to waive the further advertising and bidding requirements of OMC section 2.04.050 because awarding this contract will freeze unit prices, representing a cost advantage for the City versus new unit prices on the open market; and be it -2-
FURTHER RESOLVED: That the City Administrator is authorized to award a construction contract to Gallagher & Burk in accordance with project plans and specifications for 2021 As-Need Pavement Rehabilitation Services and the contractor’s negotiated bid schedule in the amount not to exceed Five Million, Seven Hundred Fifty-Seven Thousand, Nine Hundred And Seventy-Seven Dollars, and Fifty Cents ($5,757,977.50), all dated August 2, 2022; and be it
FURTHER RESOLVED: That the amount of the bond for faithful performance, ($5,757,977.50); and the bonds to guarantee payment of all claims for labor and materials furnished and for the amount under the Unemployment Insurance Act, ($5,757,977.50); with respect to such work are hereby approved; and be it
FURTHER RESOLVED: That the City Administrator is hereby authorized to enter into a contract with Gallagher & Burk on behalf of the City of Oakland and to execute any amendments or modifications of the contracts 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 of Transportation are hereby approved; and be it FURTHER RESOLVED: That the Council hereby finds and determines that the Project is exempt from CEQA pursuant to Public Resources Code Section 711.4 and pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a Community Plan, General Plan or Zoning), 15301(c) (Existing Facilities, Highways and Streets), 15302 (Replacement or Reconstruction), 15303 (Small Structures), 15304(h) (minor alterations to land), and/or 15061(b)(3) (No Significant Effect on the Environment); each of the aforementioned provides a separate and independent basis for CEQA compliance: and be it FURTHER RESOLVED: That the City Administrator shall file a Notice of Determination/Notice of Exemption with the Clerk of the County of Alameda for this project that is named in this resolution; and be it
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FURTHER RESOLVED: That the contracts 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. mi 12022IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND PRESIDENT FORTUNATO BAS_
NOES-Mr
ABSENT--je
ABSTENTION'^er ATTEST:
City Clerk and Clerk of the Council of
the City of Oakland, California
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