Celso Ortiz (May 12, 2023 08:10 PDT)
APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
RESOLUTION:
1) AWARDING A CONSTRUCTION CONTRACT TO JUV, INC., THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER, IN ACCORDANCE WITH THE
PLANS AND SPECIFICATIONS FOR THE MOSSWOOD COMMUNITY
CENTER PROJECT (PROJECT NO. 1003625) AND THE CONTRACTOR’S
BID, FOR AN AMOUNT NOT TO EXCEED TWENTY- ONE MILLION
DOLLARS ($21,000,000.00); AND
2) ACCEPTING AND APPROPRIATING MACARTHUR TRANSIT VILLAGE
DEVELOPMENT IMPACT FUNDS IN THE AMOUNT OF TWENTY- FIVE
THOUSAND DOLLARS ($25,000.00) FOR USE ON THE PROJECT; AND
3) ADOPTING APPROPRIATE CALIFORNIA ENVIRONMENTAL QUALITY
ACT FINDINGS
WHEREAS, the Mosswood Community Center Project (Project) will construct a new two- story Recreation Center building and park improvements; and
WHEREAS, the Project is Phase 1 of the Mosswood Park Master Plan which was adopted through Council Resolution No. 88516 C.M.S. on February 11, 2021; and
WHEREAS, the City issued a Notice of Inviting Bids for the project on November 18, 2022, with Bids due on March 16, 2023; and
WHEREAS, JUV, Inc. is deemed the lowest responsive and responsible bidder for the Project with a Bid of $20,297,621.00; and
WHEREAS, this Project advances Citywide priorities of holistic community safety, vibrant, sustainable infrastructure, and responsive, trustworthy government; and
WHEREAS, The Project has a grant from State of California Proposition 68 Cultural Community and Natural Resources (State grant) with a funding expenditure and project completion deadline of March 2025, which requires construction start by Summer 2023; and
2646873v8 / Attorney Initials - updated 12/28/2021
2 WHEREAS, project funds have been previously appropriated and allocated from Measure KK (5332); Award (23687); Capital Projects Organization (92270); Construction Account (57112); Mosswood Project (1003625); Project Delivery Program (IN06); Proposition 68 Grant (2159); Award (23801); Capit al Projects Organization (92270); Construction Account (57112); Mosswood Project (1003625); Project Delivery Program (IN06) Development Impact Fund (2421); Award (23902); Capital Projects Organization (92270); Construction Account (57112); Mosswood Project (1003625); Project Delivery Program (IN06); Kaiser Donation (2999); Award (23911); Capital Projects Organization (92270); Construction Account (57112); Mosswood Project (1003625); Project Delivery Program (IN06) Insurance Settlement Funds (4400); Award (23305); Capital Projects Organization (92270); Construction Account (57112); Mosswood Project (1003625); Project Delivery Program (IN06); and W
HEREAS, $9,683,290 is available for the construction contract, and additional funding in an amount of $14,500,000 is needed to complete construction phase costs for the Project, including the construction contract; and
W
HEREAS, funding for the construction phase of the Project in the amount of $14,500,000 is identified in the FY 2023-25 Capital Improvement Program Budget and will be provided by Measure U bond proceeds; and
W
HEREAS, 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
W
HEREAS, the City lacks the equipment and qualified personnel to perform the necessary work, that the perfo rmance of this contract is in the public interest because of the economy or better performance; and
W
HEREAS, the City Council finds and determines that the performance of this contract shall not result in the loss of employment or salary by any person having permanent status in the competitive service; and
W
HEREAS, An Initial Study was prepared under the requirements of the California Environmental Quality Act (CEQA), and a Negative Declaration has been adopted in Resolution No. 88516 C.M.S. on February 16, 2021 and recorded; and W
HEREAS, the Project will be subject to the City’s Standard Conditions of Approval that will reduce any potential environmental impact to a less‐ than‐ significant level; and WHEREAS, on November 8, 2016, Oakland voters approved the City of Oakland 2016 Infrastructure Bond ordinance (Measure KK), which authorized the issuance of up to $600 million in general obligation bonds to fund various City of Oakland infrastructure and affordable housing projects; and
W
HEREAS, on November 8, 2022, Oakland voters approved the 2022 Affordable Housing and Infrastructure Bond (Measure U), which authorized the issuance of up to $850 million in general obligation bonds to fund various City of Oakland infrastructure and affordable housing projects; and
3 WHEREAS, the Second A mendment to t he Macarthur Transit V illage Project Development Agreement identified $250,000 for Mosswood Park capital improvements; and WHEREAS, $225,000 has been previously allocated to the Project, leaving $25,000 remaining funds that require Council authorization to appropriate; and WHEREAS, approval to accept and appropriate funds from the MacArthur Transit Village Development Impact Funds will enable the implementation of the Mosswood Community Center and Park Improvements Project; now, therefore, be it
RESOLVED: That City Council accepts and appropriates MacArthur Transit Village Development Impact Funds in the amount of Twenty-Five Thousand Dollars ($25,000.00) for use on the Mosswood Community Center Project (#1003625); and be it FURTHER RESOLVED: That the City Administrator is hereby authorized to award a construction contract to JUV, Inc., the lowest responsive and responsible bidder, in accordance with the project plans, specifications, and the contractor’s bid dated March 16, 2023 for the Construction of The Mosswood Community Center Project, Project No. 1003625, in an amount not to exceed Twenty-One Million Dollars ($21,000,000.00); and be it F
URTHER RESOLVED: That all other bids are rejected; and be it F
URTHER RESOLVED: That the City Council hereby approves the plans and specifications, including any subsequent changes during construction, that will be reviewed and adopted by the Assistant Director of the Oakland Public Works Department for this Project; and be it
F
URTHER RESOLVED: That the City Administrator is authorized to execute any amendments or modifications of the contract within the limitations of project specifications; and be it
F
URTHER RESOLVED: That the successful contractor shall comply with all City contracting and compliance program requirements that apply to this contract, and be verified by the Workplace and Employment Standards Department; and be it F
URTHER RESOLVED: That the successful contractor shall provide faithful performance bond and a bond to guarantee payment of all claims for labor and materials furnished for the amount of 100% of the contract price and due under the Unemployment Insurance Act prior to the execution of the contract; and be it
F
URTHER RESOLVED: That the Council hereby finds and determines that an Initial Study was prepared under the requirements of the California Environmental Quality Act (CEQA) which evaluated the potential environmental impacts of the proposed Project and based on the results of the Initial Study, that the Project will not have a significant effect on the environment; and be it
FURTHER RESOLVED: That a Negative Declaration was adopted in Council Resolution No. 88516 C.M.S. on February 16, 2021 and recorded; and be it 4 FURTHER RESOLVED: The Project will be subject to the City’s Standard Conditions of Approval that will reduce any potential environmental impact to a less‐ than‐ significant level; and be it
F
URTHER 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; and be it
F
URTHER RESOLVED: That the contract 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; and be it
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES – FIFE, GALLO, KALB, KAPLAN, REID, RAMACHANDRAN, JENKINS and PRESIDENT
FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California