2646873v8 / Attorney Initials - updated 12/28/2021
APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO
AWARD A CONSTRUCTION CONTRACT TO THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER, IN ACCORDANCE WITH
PROJECT PLANS AND SPECIFICATIONS FOR PROJECT NO. 1006308 CITYWIDE CURB RAMPS 2024-2025, AND WITH THE CONTRACTOR’S
BID THAT INCLUDES BASE BID AND PARTIAL OR ALL OPTIONAL
ITEMS, FOR AN AMOUNT NOT TO EXCEED THREE MILLION, THREE HUNDRED AND TEN THOUSAND DOLLARS ($3, 310,000.00);
ADOPTING APPROPRIATE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FINDINGS ; AND WAIVING LOCAL/SMAL L LOCAL
BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
WHEREAS, the City of Oakland (City) is committed to achieving full compliance with the Americans With Disabilities Act and as such maintains a robust curb ramp construction program; and
WHEREAS, Project 1006308 Citywide Curb Ramps 2024-2025 (Project) scope includes 240 curb ramps , 300 square feet of retrofitting detectable warning dome pavers , approximately 25,000 square feet of concrete sidewalk replacement, and related ancillary items required f or the construction of sidewalk and curb ramps; and
WHEREAS, the City issued a Request for Bids for the Project on February 23, 2024; and
WHEREAS, the bids to be received on April 18, 2024 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 holist ic community safety, vibrant, sustainable infrastructure, and responsive, trustworthy government; and
WHEREAS, funding for the Project is available in the following account: Measure KK (5335); Organization (92242); Project (1006308); and
Celso Ortiz (Mar 1, 2024 09:25 PST)
2 WHEREAS, the Council may, in its discretion, waive the requirements of the Local/Small Local Business Enterprise (L/SLBE) Program; and
WHEREAS, prior Requests for Bids for curb ramp construction projects issued by the City have not resulted in additional or new contractors seeking to construct curb ramps; and
WHEREAS, no prior bidders on curb ramp construction contracts are currently certified as Small Local Businesses; and
WHEREAS, the City consistently receives an average of less than 3 bids per curb ramp project while other Bay Area cities see an average of 6 bids per project; and
WHEREAS, the City’s price per curb ramp is on average $1500 more than the Bay Area average; and
WHEREAS, a robust pool of contractors supports competitive bidding, contractor availability, and lower prices; 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, the City Council finds and determines based on the representations set forth in the City Administrator's report accompanying this Resolution that the construction contracts approved hereunder are temporary in nature; and
WHEREAS, the City lacks the equipment and qualified personnel to perform the necessary work, the performance of this contract is in the public interest because of economy or better performance and these contracts are of a professional, scientific or technical nature; 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; 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; now therefore be it
RESOLVED: That for the reasons stated above and, in the Report, accompanying this Resolution, the City Council hereby finds and determines that it is in the best interests of the City to waive the City’s Local/Small Local Business Enterprise program utilization requi rements, and so waives these requirements for this Project; and be it
FURTHER 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
3 contractor’s bid for the Project for an amount not to exceed three million, three hundred and ten thousand dollars ($3,310,000.00); and be it
FURTHER RESOLVED: That the City Administrator will provide an informational memorandum to the Council and public summarizing bid and compliance analysis results upon completion of the bid evaluation process; and be it
FURTHER RESOLVED: That the plans and specifications prepared for the Project, including any subsequent changes during construction, which will be reviewed and adopted by the Director of the Oakland Department of Transportation, or designee, are hereby approved; and be it
FURTHER RESOLVED: That the suc cessful contractor shall comply with all City contracting and compliance program requirements that apply to this contract, and be verified by the Department of Workplace and Employment Standards; and be it
FURTHER 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
FURTHER RESOLVED: That the City Administrator is authorized to execute any amendments or modifications of the construction contract within the limitations of Project specifications; and be it
FURTHER RESOLVED: That the Council independently 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) (Exist ing 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); 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 the project that is named in this resolution; and be it
2646873v8 / Attorney Initials - updated 12/28/2021
FURTHER RESOLVED: That the construction 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.
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
3. Reso - 1006308 Citywide Curb Ramps
Construction Award
Final Audit Report 2024-03-01
Created: 2024-03-01 (Pacific Standard Time)
By: Sarah Fine ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA7HYcQkEL9txlTLBisAmier7NLggXu-mr "3. Reso - 1006308 Citywide Curb Ramps Construction Award" History
Document created by Sarah Fine ([email protected])
2024-03-01 - 9:15:33 AM PST- IP address: 209.232.103.80 Document emailed to Celso Ortiz ([email protected]) for signature 2024-03-01 - 9:15:50 AM PST
Email viewed by Celso Ortiz ([email protected]) 2024-03-01 - 9:25:31 AM PST- IP address: 13.56.20.218
Document e-signed by Celso Ortiz ([email protected]) Signature Date: 2024-03-01 - 9:25:43 AM PST - Time Source: server- IP address: 67.164.58.187 Agreement completed.
2024-03-01 - 9:25:43 AM PST