Approved as to Form and Legality
8 Celso Ortiz (Oct 28,e»K) 13:26 PDT|
City Attorney’s Office
OAKLAND CITY COUNCIL
88 3 9 8RESOLUTION NO. C.M.S.
INTRODUCED BY COUNClLMEMBER [IF APPLICABLE]
RESOLUTION (1) AMENDING THE PROFESSIONAL SERVICES
AGREEMENT WITH FLOWWEST, LLC TO INCREASE THE
AGREEMENT BY AN ADDITIONAL ONE MILLION ONE HUNDRED
TWENTY-FOUR THOUSAND SEVENTY-ONE DOLLARS ($1,124,071.00)
FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED ONE MILLION
FIVE HUNDRED TWENTY FOUR THOUSAND SEVENTY-ONE
DOLLARS ($1,524,071.00) FOR PHASE II OF PROJECT DESIGN,
CONSTRUCTION SUPPORT, AND POST-CONSTRUCTION SERVICES,
AND (2) WAIVING THE COMPETITIVE REQUEST FOR
PROPOSALS/QUALIFICATIONS REQUIREMENT.
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, on June 4, 2019, City Council approved Resolution No. 87720 C.M.S. awarding a professional services agreement to FlowWest LLC (FlowWest), who were selected through a competitive, qualification-based process, to implement Phase I of Project planning and design, including technical studies and schematic design; and WHEREAS, the request for proposals that solicited creek restoration and hydrology design firms for the Project detailed the proposed phased contracting approach due to limited initial funding; and
WHEREAS, the competitive bidding process from which FlowWest was initially selected included robust outreach to the potentially eligible firms; and WHEREAS, Resolution No. 87720 C.M.S, further authorized the option to allow FlowWest to implement Phase II of Project design, construction support, and post construction services, upon securing additional funding; and 2646873v1 - 2020 template
WHEREAS, contingent upon the acceptance of $1,500,000 million in grant funding from the EPA, the City will have secured a total of $2.5 million in additional funding that will provide adequate funds to amend the contract with FlowWest to complete the remaining design, construction support, and post-construction services for the Project; and
WHEREAS, the project funding includes a grant through Proposition 68 California Department of Water Resources (DWR), Urban Streams Restoration Program (USRP) with a funding expenditure deadline of December 2024, and a grant through the U.S.
Environmental Protection Agency, Region 9 (EPA), San Francisco Bay Water Quality Improvement Fund (SFBWQIF) (No. 98T15701) with a funding expenditure deadline of October 2024; and
WHEREAS, Oakland Municipal Code (OMC) Section 2.04.051 A, requires a competitive request for proposals/qualifications (“RFP/Q”) process for the award of professional services contracts in excess of $50,000; and WHEREAS, OMC Section 2.04.051 B, permits the Council to waive the RFP/Q solicitation process requirement upon a finding and determination that it is in the best interests of the City to do so; and
WHEREAS, staff recommends that the Council find and determine that it is in the City’s best interest to waive the competitive RFP/Q solicitation requirement of OMC Section 2.04.051 A and amend the agreement with FlowWest; WHEREAS, the City Council finds and determines based on the representations set forth in the City Administrator’s report accompanying this Resolution that the service is temporary and professional, scientific or technical 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 the Council hereby finds and determines that pursuant to OMC Section 2.04.051 B that it is in the best interest of the City to waive the RFP/Q solicitation requirement because of the delay and disruption that would result from switching to a new consultant, FlowWest is extremely familiar with the project, and for the reasons stated in this Resolution and accompanying staff report, and so does hereby waive this requirement, and be it
FURTHER RESOLVED: That the City Administrator, or designee, is hereby authorized to amend the professional services agreement with FlowWest, LLC (FlowWest) to perform Phase II of Project design, construction support, and post construction services; and be it
FURTHER RESOLVED: That the professional services agreement with FlowWest LLC shall be increased from four hundred thousand dollars ($400,000.00) by an amount not-to-exceed one million one hundred twenty-four thousand seventy-one dollars ($1,124,071.00), fora total contract amount not-to-exceed one million five hundred twenty-four thousand dollars ($1,524,071.00); and be it -2-
FURTHER RESOLVED: That FlowWest shall comply with City’s Compliance Programs as required prior to executing the amendment; and be it FURTHER RESOLVED: That the City Administrator, or designee, is hereby authorized to approve any subsequent amendments to or extensions of said agreement, provided that such amendments or extensions shall be approved for form and legality by the City Attorney and a copy shall be kept on file with the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FORTUNATO BAS, GALLO, GIBSON MCELHANEY, KALB, REID, TAYLOR, THAO AND PRESIDENT KAPLAN ___
S'NOES -jg)
ABSENT -0
ABSTENTION -
ATTEST:
Acting City Clerjf and Clerk of the Council
of the City of Oakland, California
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