Approved as to Form and Legality
City Attorney
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
RESOLUTION 1) INCREASING THE PROFESSIONAL SERVICES
CONTRACT FOR THE PIEDMONT PINES UTILITY
UNDERGROUNDING PROJECT, PHASE II, (PROJECT #1000647) WITH
HARRIS AND ASSOCIATES IN AN AMOUNT OF THREE -HUNDRED
THIRTY THOUSAND DOLLARS ($330,00.00), FOR A TOTAL AMOUNT
NOT-TO-EXCEED FOUR HUNDRED ELEVEN THOUSAND, SIX
HUNDRED THIRTEEN DOLLARS ($411,613.00); 2) WAIVING THE
COMPETITIVE REQUEST FOR QUALI FICATIONS/PROPOSAL
SELECTION REQUIREMENT, AND 3) WAIVING LOCAL BUSINESS
ENTERPRISE/SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
REQUIREMENTS
WHEREAS, the Piedmont Pines Utility Undergrounding Project was approved by the City Council by Resolution No. 75652 C.M.S. on May 2, 2000; and
WHEREAS, the current phase of the project, the Piedmont Pines Utility Undergrounding, Phase II, is currently under design; and
WHEREAS, a Professional Services Request for Proposals was advertised on October 14, 2016, in accordance with the City of Oakland (City) Administrative Instruction 150, and one (1) response, from Harris Associates, was received by Public Works Contract Services on November 29, 2016, which was evaluated and found responsive; and
WHEREAS Harris Associates was selected and awarded a contract within the City Administrator’s authority for an amount of forty-seven thousand five hundred ninety dollars ($47,590.00) on March 1, 2017and
WHEREAS The City Council approved a contract amendment with Harris Associates by Resolution No. 88242 C.M.S. on July 28, 2020, which increased the total contract to a revised amount of eighty-one thousand six hundred thirteen dollars ($81,613.00); and
WHEREAS the associated cost for the consultant services is recoverable when the project is fully funded through a creation of the Piedmont Pines Utility Undergrounding Phase II Project bond; and
WHEREAS Oakland Municipal Code (OMC) section 2.04.051(A) requires a competitive Request For Qualifications/Proposal (RFQ/P) selection process for the purchase of professional services which exceed $50,000.00; and
WHEREAS, OMC Title 2, Chapter 2.0, Article I, Section 2.04.051(B) provides an exception to the competitive RFP/Q selection requirement when specifically authorized by the City Council after a finding and determination that it is in the best interest of the City; 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 professional services contract approved hereunder is temporary in nature; and
WHEREAS, 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 services; now, therefore, be it
RESOLVED: That pursuant to OMC 2.04.051(B), the City Council finds and determines that it is in the best interest to waive the competitive RFQ/P selection requirement because no other firms submitted proposals initially for work on the Piedmont Pines Utility Undergrounding, Phase II and the consultant is deemed the most qualified and most responsive and for the reasons stated above and in the City Administrator’s report accompanying this item, and therefore so waives this requirement; and be it
RESOLVED: That the City Administrator is authorized to amend the professional services contract with Harris and Associates for the Piedmont Pines Phase II (Project #1000647) in an amount not-to-exceed Three-Hundred and Thirty Thousand Dollars ($330,000.00); and be it
FURTHER RESOLVED, That the City Administrator, is hereby authorized to approve any subsequent amendments, modifications, or extensions of said agreement necessary for completion of the Piedmont Pines Phase II project; 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, __________________________, 20_______
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