ntEj^.OFV't CtOF-THE^
LegalityApproved a^troFoj
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<aKKNDCrrY COUNCIL
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L«^fcity Attorney
C.M.S.Resolution No.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR, OR
DESIGNEE, TO AWARD AND EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH FLOWWEST, LLC FOR AN AMOUNT NOT-TO-
EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) TO
COMPLETE INITIAL DESIGN SERVICES (PHASE I) FOR THE
COURTLAND CREEK RESTORATION PROJECT, WITH THE OPTION
TO COMPLETE REMAINING DESIGN, CONSTRUCTION, AND POST
CONSTRUCTION SUPPORT SERVICES (PHASE II) UPON
IDENTIFICATION AND RECEIPT OF ADDITIONAL FUNDING AND
FUTURE COUNCIL APPROVAL
WHEREAS, on November 5, 2002 Oakland voters passed Measure DD, the Oakland Trust for Clean Water and Safe Parks, a $198,250,000 general obligation bond; and WHEREAS, the Courtland Creek Restoration Project in Courtland Creek Park (Project), is a prioritized project on the list of Council-adopted Measure DD Creek Restoration Projects; and WHEREAS, the Project will stabilize and restore approximately 750 linear feet of open creek channel to improve water quality, flood control, habitat, safety, and community benefit features; and
WHEREAS, funds are available in Measure DD Fund (5322); Capital Projects Organization (92245); Professional Services Account (54919); Project (1001190); Program (INI4); and WHEREAS, a Professional Services Request for Proposals for the Project was advertised on February 15, 2019, in accordance with Administrative Instruction 150 and two (2) responses were received by Public Works Contract Services on March 14, 2019; and WHEREAS, the proposal evaluation panel ranked FlowWest, LLC (FlowWest) as the most experienced, qualified, and responsive based on their proposal; and WHEREAS, the Project Scope of Services advertised was for full Project design services from technical studies and initial design through construction and post-construction administration; and
WHEREAS, the City does not currently have adequate funding to complete full design and construction of the Project; and
1 WHEREAS, utilizing one design consultant team to complete the entire project will be economical, and time efficient, and will reduce project errors and duplication of effort; and WHEREAS, structuring the consultant contract in two phases including the funded Phase I that includes technical studies, initial design, community outreach, and grant support services, and the unfunded Phase II that includes complete design, construction support and post-construction support services will allow the City to develop a schematic design and competitive grant proposal to raise additional funds to complete the project; and WHEREAS, the City Administrator’s Contract Compliance analysis of the submitted proposals was completed on April 10, 2019; and
WHEREAS, the City Council finds that the services provided pursuant to the agreement authorized hereunder are of a professional, scientific, or technical nature and are temporary in nature; and
WHEREAS, staff will have the option to return to Council to request amending the professional services contract with FlowWest for final design, construction support and post-construction administration services to complete Phase II of the Project should additional funding be received; and
WHEREAS, the City Council finds that this contract shall not result in the loss of employment or salary by any person having permanent status in the competitive service; now, therefore, be it
RESOLVED: That the City Administrator, or designee, is authorized to award and execute a Professional Services Agreement (Agreement) with FlowWest for an amount not-to-exceed four hundred thousand dollars ($400,000.00) to complete initial design services (Phase I) for the Courtland Creek Restoration Project, with the option to complete remaining design, construction, and post-construction support services (Phase II) upon receipt of additional funding and future Council approval and; and be it FURTHER RESOLVED: That the agreement shall utilize funds from Measure DD Creek Restoration Fund (5322); Capital Projects Organization (92245); Professional Services Account (54919); Project (1001190); Award (23146); Program (IN14); and be it FURTHER RESOLVED: That the contracted firm(s) shall comply with all City contracting and compliance program requirements that apply to this contract, including Local Business Enterprise and Small Local Business Enterprise (LBE/SLBE) participation and be verified by the Contracts and Compliance Department; and be it
2 FURTHER RESOLVED: That the City Administrator, is hereby authorized to approve any subsequent amendments, modifications, or extensions of said agreement excepting those related to increasing the amount of the contract above the amounts authorized under this resolution; 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. \M 0 4 201IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FORTUNATO BAS, GALLO, GIBSON MCELHANEY, KALB,,
PRESIDENT KAPLAN —^
I! TAYLOR, THAO, and
NOES- 0
ABSENT-0
ABSTENTION -Q
[ Q&J) ATTEST:
' LaTonda Simryionsf
City Clerk and Clerk of Ip^Cauncil
of the City of Oakland, California
A
3