APPROVED AS TO FORM AND LEGALITY
2022 DEC ~8 PM 12.* 41
OFFICE OFTHE CITY CLERK
OAKLAND
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GITYATTDRNBY!S.OilIGl
OAKLAND CITY COUNCIL
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RESOLUTION NO. C.M.S.
RESOLUTION: 1) AMENDING THE EXISTING PROFESSIONAL
SERVICES AGREEMENT WITH SHAH KAWASAKI ARCHITECTS FOR
THE LINCOLN RECREATION CENTER EXPANSION/RENOVATION
PROJECT BY AN AMOUNT NOT-TO-EXCEED ONE MILLION FIVE
HUNDRED THOUSAND DOLLARS ($1,500,000.00), BRINGING THE
TOTAL CONTRACT AMOUNT FROM ONE MILLION FIVE HUNDRED
TWENTY-EIGHT THOUSAND EIGHT HUNDRED FORTY-NINE
DOLLARS ($1,528,849.00) TO THREE MILLION TWENTY-EIGHT
THOUSAND EIGHT HUNDRED FORTY-NINE DOLLARS ($3,028,849.00); 2) WAIVING THE REQUEST FOR PROPOSAL COMPETITIVE
SELECTION REQUIREMENT; AND 3) ADOPTING APPROPORIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS.
WHEREAS, the Lincoln Recreation Center (Center), constructed in the 1970s, is operated by the Oakland Parks, Recreation and Youth Development Department (OPRYD) and has undergone only minor cosmetic improvements since then; and WHEREAS, the Center needs to be expanded and modernized to accommodate programming needs of the community for present and future use from the existing small and outdated recreation center; and
WHEREAS, a professional services agreement to award Shah Kawasaki Architects (SKA) up to ninety-five percent (95%) design of the Lincoln Recreation Center Expansion/Renovation Project (Project) was adopted by Resolution No. 88541 CMS in March of 2021; and WHEREAS, through the extensive collaborative community engagement effort, the need to upgrade original Lincoln Recreation Center function to serve as both the recreation center and as the City resiliency center was identified and supports many strategies of the City’s 2030 Equitable Climate Action Plan (ECAP); and
WHEREAS, the upgrade of Lincoln Recreation Center’s function has increased the design requirements of the facility from existing nine thousand square feet facility to twenty-two thousand square feet facility design; and
WHEREAS, an amendment to SKA’s professional services agreement is needed to provide full design services for the Project, to carry the project through construction, and to provide as-needed grant support services to seek additional grant funding; and
WHEREAS, Section 2.04.051 B of the Oakland Municipal Code, authorizes the City Council to waive the competitive Request for Proposals/Request for Qualifications (RFP/Q) selection requirement of Section 2.04.051 A of the Oakland Municipal Code upon a finding and determination that it is in the best interests of the City to do so; and WHEREAS, the amendment to the professional services agreement is exempt from CEQA pursuant to CEQA Guidelines Sections 15268 (Ministerial Projects), 15183 (Projects Consistent with a Community Plan, General Plan or Zoning), 15302 (Replacement or Reconstruction), 15303 (Small Structures), 15304(h) (minor alterations to land), and/or 15061(b)(3) (No Significant Effect on the Environment); this proposed amendment is also exempt under CEQA, Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(4) and (5), as they involve government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant impact on the environment, and it is also an organizational or administrative activity of government that will not result in direct or indirect physical changes to 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 amendment and performance of this contract is in the public interest because it allows continuation of current design effort into Detail Design Phase, and it allows the project to meet the critical schedule for project planning and implementation; and
WHEREAS, the City Council finds that this contract is for services of a professional, scientific or technical nature; and
WHEREAS, the City Council finds that services under the contract will be temporary in nature shall not result in the loss of employment or salary by any person having permanent status in the competitive services; now, therefore, be it
RESOLVED: That pursuant to Section 2.04.051(B) of the Oakland Municipal Code, the City Council finds that it is in the best interests of the City to waive the competitive request for proposal/qualification selection requirement of Section 2.04.051(A) of the Oakland Municipal Code to amend the existing SKA Professional Service Contract at the Lincoln Recreation Center Expansion/Renovation Project; and be it
FURTHER RESOLVED: That the City Administrator, is hereby authorized to execute an amendment to increase the agreement with SKA by an amount not-to-exceed one million five hundred thousand dollars ($1,500,000.00), bringing the total contract amount from one million five hundred twenty-eight thousand eight hundred forty-nine dollars ($1,528,849.00) to three million twenty-eight thousand eight hundred forty-nine dollars ($3,028,849.00); and be it FURTHERRESOLVED: That the amendment shall utilize funds from Bond Measure KK Fund (5335), Project (1004857); Capital Project Organization (92270), Consultant Services Account (54411), Award (23940); Program (IN06); and be it 2 FURTHER RESOLVED: That SKA shall comply with all City contracting and compliance program requirements that apply to this agreement, including the Local and Small Local Business Enterprise Program; and be it
FURTHER RESOLVED: That the Council finds that the amendment to the professional services agreement is exempt from CEQA pursuant to CEQA Guidelines Sections 15268 (Ministerial Projects), 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); This proposed amendment is also exempt under CEQA, Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(4) and (5), as they involve government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant impact on the environment, and it is also an organizational or administrative activity of government; each of the aforementioned provides a separate and independent basis for CEQA compliance; and be it FURTHER RESOLVED: That the City Council directs the City's Environmental Review Officer to file a Notice of Exemption with the Alameda County Clerk’s Office and appropriate agencies; and be it
FURTHER RESOLVED: That the City Administrator is hereby authorized to approve any subsequent amendments, modifications, or extensions of said agreement, excepting those related to increasing the amount of the contract above the amounts authorized under this Resolution, and be it
FURTHER RESOLVED: That the contract and any subsequent amendments or extensions shall be reviewed and approved by the Office of 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, £)££ •<. g 2022
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO
NOES -gr
ABSENT -p
ABSTENTION Jr
ATTEST: 2§HA REED
City Clerk arid'Clerk of the Council of the
City of Oakland, California
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