Oakland City Council
April 18, 2023

2646873v8 / Attorney Initials - updated 12/28/2021
APPROVED AS TO FORM AND LEGALITY ________________________ OAKLAND CITY COUNCIL RESOLUTION NO. _______________ C.M.S. RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO 1) AWARD A CONSTRUCTION CONTRACT THAT FOLLOWS ALL CITY ADVERTISING AND COMPETITIVE BIDDING REQUIREMENTS TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, IN ACCORDANCE WITH PROJECT PLANS AND SPECIFICATIONS FOR PROJECT NO. 1005340 COURTLAND CREEK RESTORATION PROJECT, AND WITH THE CONTR FOR AN AMOUNT NOT TO EXCEED FOUR MILLION FOUR HUNDRED SEVENTY-FIVE DOLLARS ($4,000,475.00); 2) ENTER INTO A COOPERATIVE AGREEMENT WITH THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) TO IMPLEMENT A PORTION OF THE PROJECT ON DISTRICT PROPERTY; AND 3) ADOPT APPROPRIATE CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. WHEREAS, The Courtland Creek Restoration Project (Project) will rehabilitate three urban reaches of Courtland Creek by removing non-native and invasive vegetation, re-grading the channel bed, stabilizing steep channel banks, and installing park and landscape features; and WHEREAS, The Project is Parks Bond (Measure DD), and is ranked seventh on the Council-adopted DD Prioritized Creek Restoration Project List (List) that was authorized in Council Resolution No. 79649 C.M.S.; and WHEREAS, The City will procure parts for the Cary Avenue Full Trash Capture and the Mandela Parkway Full Trash Capture Projects WHEREAS, The City and the Alameda County Flood Control and Water Conservation District have drawn up a Cooperative Agreement to implement a portion of the Project on District property; and WHEREAS, The City issued a Notice of Inviting Bids for the Project on January 27, 2023; and 2 WHEREAS, the Bids due on March 9, 2023 will be evaluated by the Department of Workforce and Employment Standards, and the lowest, responsive and responsible bidder for the project will be awarded the construction contract; and WHEREAS, this project advances the Citywide priorities of holistic community safety, vibrant, sustainable infrastructure, and responsive, trustworthy government; and WHEREAS, Funding for the Project is available in the following accounts: 1) Congress Culvert (5510); Organization (#92245); Project (1006503); 2) Federal Grant Environmental Protection Agency (2125); Organization (#92245); Project (1005340); and 3) Clean CA Grant - Caltrans (2140); Organization (#30245); Project (1005340); and WHEREAS, Funding for parts for the Mandela Parkway Full Trash Capture (FTC) Project is available in the following account: Mandela Parkway Full Trash Capture FTC Grant Caltrans CIA (2140); Organization (#92245); Project (1006066); and WHEREAS, Funding for parts for the Cary Avenue FTC Project is available in the following account: Cary Avenue FTC Grant Caltrans CIA (2140); Organization (#92245); Project (1006466); 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 will be 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 now, therefore, be it WHEREAS, California Environmental Quality Act (CEQA) review has been completed for the Courtland Project through review and incorporation into the Measure DD programmatic Environmental Impact Report (EIR); and WHEREAS, the Courtland Project will meet all mitigation requirements that are outlined for creek restoration projects in the Mitigation, Monitoring, and Reporting Plan of the EIR; and WHEREAS, pursuant to Oakland Charter Article V, section 504 (l), the City Administrator wishes to negotiate and enter into a Cooperative Agreement with the Alameda Flood Control and Water Conservation District (District) to implement a portion of the Project on District Property; now, therefore, be it RESOLVED: That the City Administrator is authorized to award a construction contract that follows all city advertising and competitive bidding requirements to the lowest responsive and responsible bidder, in accordance with project plans, specifications, and Project No. 1005340 Courtland Creek Restoration Project for an amount not to exceed Four Million Four Hundred Seventy-Five Dollars ($4,000,475.00), and be it RESOLVED: That the City Administrator is authorized to execute a Cooperative Agreement with the District to implement a portion of the Project on District Property; and be it 3 FURTHER RESOLVED: That the plans and specifications prepared for the Project, including any subsequent changes during construction, that will be reviewed and adopted by the Director of Public Works, or designee, are hereby approved; and be it FURTHER RESOLVED: That the Council independently finds and determines that the California Environmental Quality Act (CEQA) review has been completed for the Courtland Project through review and incorporation into the Measure DD programmatic Environmental Impact Report (EIR); and be it; FURTHER RESOLVED: That the construction contract and the agreement with the District 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, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND PRESIDENT FORTUNATO BAS NOES ABSENT ABSTENTION ATTEST: ASHA REED City Clerk and Clerk of the Council of the City of Oakland, California