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View Supplemental Legislation - 3/15/2024

Rules & Legislation Committee
February 15, 2024

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View Supplemental Legislation - 3/15/2024
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February 15, 2024
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Rules & Legislation Committee
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As amended by the Public Works & Transportation Committee at its March 12, 2024 meeting

APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE

OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.

RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO

EXECUTE PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL

HYDROLOGY AND STORMWATER ENGINEERING SERVICES THAT

FOLLOW ALL CITY ADVERTISING AND COMPETITIVE

SOLICITATION REQUIREMENTS AND ARE AWARDED IN DIRECT

SERVICE OF DELIVERING ON-CALL HYDROLOGY AND

STORMWATER ENGINEERING AND REGULATORY COMPLIANCE
SERVICES TO THE FOLLOWING TIERS:

1. TIER 1 FIRMS EACH FOR AN AMOUNT NOT TO EXCEED FIVE
HUNDRED THOUSAND DOLLARS ($500,000) ANNUALLY TO
QUALIFIED CONSULTANTS: ALIQUOT ASSOCIATES, INC.,
BLACK & VEATCH, DIABLO ENGINEERING GROUP, EOA, INC.,

GERONIMO ENGINEERING, NORTHGATE ENVIRONMENTAL
MANAGEMENT, INC., AND MONTROSE ENVIRONMENTAL; AND

2. TIER 2 FIRMS EACH FOR AN AMOUNT NOT TO EXCEED TWO
MILLION DOLLARS ($2,000,000) ANNUALLY TO QUALIFIED
CONSULTANTS: ARUP US, INC., ENGEO, INC., FLOWWEST INC., GEOSYNTEC, HALEY ALDRICH, RESTORATION DESIGN GROUP, INC.,

SCHAAF & WHEELER, TERRAPHASE ENGINEERING, AND WOOD
RODGERS.

WHEREAS, on-call hydrology and stormwater engineering services are needed to assist Oakland Public Works (OPW) and other City of Oakland (City) departments with technical, design, and engineering services to support the delivery of projects; and WHEREAS, the City’s current staffing capacity is insufficient to deliver much-needed technical, design, and engineering services; and
WHEREAS, consistent with the Local/Small Local Business Enterprise (L/SLBE) program, after assessment, DWES set the L/SLBE requirement at 20% (10% LBE and 10% SLBE) for these on- call hydrology and stormwater/waterway and engineering professional services based on the “Rule of 2 Three,” which states there must be at least three certified businesses listed in the industry, trade, or profession that constitutes a major category of work. If at least three L/SLBEs are not certified, then the requirement is either waived, or the 50% requirement may be set at a percentage from 0 % to 50%, but not less than 20% if at least one L/SLBE is certified and available; and

WHEREAS, in September 2023, the City issued a Request for Qualifications (RFQ) for On-Call Hydrology and Stormwater Engineering Services and sixteen (16) firms submitted Statement of Qualifications (SOQ); and

WHEREAS, the SOQs were evaluated by a panel of four (4) professionals with experience in the scope of services and project types identified in the RFQ; and

WHEREAS, based on the panel’s evaluation, contract requirements, and assessment of needs, sixteen (16) firms were selected for recommendation to be awarded professional services agreements for on-call hydrology and stormwater engineering services; and

WHEREAS, additional small (SLBE) and very small (VSLBE) local business enterprises (SLBE/VSLBEs) will have the opportunity to join the pool of qualified on-call hydrology and stormwater engineering services firms through an annual prequalification process that will be implemented throughout the four-year term to increase contracting opportunities for SLBE/VSLBEs; and

WHEREAS, all the recommended firms will be reviewed by DWES to ensure compliance with the L/SLBE Program prior to project assignment through task order execution; and

WHEREAS, a scope of services budget will be developed for each task order; and

WHEREAS, on-call services will be funded through individual projects and Council- approved, budgeted funds will be identified prior to task order execution and performance of the on-call services; and

WHEREAS, each task order will not exceed the authorized task order budget; and

WHEREAS, the City Council finds that the services provided pursuant to the agreements authorized hereunder are of a professional, scientific, or technical nature and are temporary in nature; and

WHEREAS, the City Council finds that the agreements 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 the City Council hereby authorizes the City Administrator to execute professional services agreements for on-call hydrology and stormwater engineering services that follow all City advertising and competitive solicitation requirements and are awarded in direct service of delivering on-call hydrology and stormwater engineering and permit compliance services to the following tiers: 1) Tier 1 firms each for an amount not to exceed five hundred 3 thousand dollars ($500,000) annually to qualified consultants: Aliquot Associates, Inc., Black & Veatch, Diablo Engineering Group, EOA, Inc., Geronimo Engineering, Northgate Environmental Management, Inc., and Montrose Environmental, and 2) Tier 2 firms each for an amount not to exceed two million dollars ($2,000,000) annually to qualified consultants: Arup US, Inc., ENGEO, Inc., FlowWest Inc., Geosyntec, Haley Aldrich, Restoration Design Group, Inc., Schaaf & Wheeler, Terraphase Engineering, and Wood Rodgers; and be it FURTHER RESOLVED: That the terms of each agreement shall be executed for a four (4) year duration; and be it
FURTHER RESOLVED: That the City Council hereby authorizes the City Administrator to execute additional professional services Tier 1 agreements for on-call hydrology and stormwater engineering services to SLBE/VSLBEs qualified through an annual prequalification process implemented within the four-year term for the remainder of the four- year term; and be it
FURTHER RESOLVED: That no minimum amount of work is implied or guaranteed, and no appropriation is made as a result of this resolution; and be it FURTHER RESOLVED: That the project criteria and program requirements, project schedule, and design budget prepared for projects in the direct service of the on-call hydrology and stormwater engineering services contracts, including any subsequent changes during design, will be reviewed and adopted by the Director of OPW and are hereby approved; and be it FURTHER RESOLVED: That the City Administrator is hereby authorized to approve any subsequent amendments to or extensions of each agreement with the exception of those related to an increase in total compensation, provided that such amendments or extensions shall be filed with the City Clerk’s Office; and be it
FURTHER RESOLVED: That a copy of each agreement will be on file in the City Clerk’s Office and will be approved for form and legality by the Office of the City Attorney.

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
3340022v1 / FH - updated 3/14/2024

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