1 OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION AWARDING A PURCHASING CONTRACT TO
GALLAGHER & BURK IN AN AMOUNT NOT TO EXCEED TWO
MILLION DOLLARS ($2,000,000) PER YEAR FOR TWO (2) YEARS AND
AUTHORIZING THE CITY ADMINISTRATOR TO EXTEND THE
AGREEMENT ANNUALLY UP TO TWO (2) ONE-YEAR PERIODS IN
AN AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000)
PER YEAR FOR A TOTAL NOT TO EXCEED AMOUNT OF EIGHT
MILLION DOLLARS ($8,000,000) OVER FOUR (4) YEARS IN
ACCORDANCE WITH SPECIFICATION NO. 20-745.00/RFQ 271431 AND CONTRACTOR’S BID PROPOSAL; AND ADOPTING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY FINDINGS.
WHEREAS, the Oakland Department of Transportation performs pavement construction on City streets, requiring the purchase of asphalt concrete and aggregate base materials; and
WHEREAS, procuring such materials is essential to meet the in-house mileage goals of the 5- Year Paving Plan (5YP) (Resolution No. 88975 C.M.S.); and
WHEREAS, in April 2024, the City conducted a request for quotations (Specification No. 20- 745.00/RFQ 271431) to select the lowest responsive and responsible bidder and the most qualified contractor to provide materials necessary for asphalt concrete pavement construction; and
WHEREAS, the City received one proposal from Gallagher and Burk, Inc. through the City’s RFQ process; and
WHEREAS, following an evaluation of the RFQ respondent, Gallagher and Burk, Inc.’s proposal was found to be fair and reasonable for the purchase of paving materials in accord with Specification No. 20-745.00/RFQ 271431 and Contractor’s Bid; and
WHEREAS, a multi-year purchasing contract streamlines the procurement of essential materials for paving; and
WHEREAS, approval of this agreement will not result in additional appropriation of funds, and individual asphalt supply orders will be funded through appropriations within various individual projects; and
Approved as to Form and Legality
City Attorney
Celso Ortiz (Aug 21, 2024 13:51 PDT)
2 WHEREAS, a purchase contract is not considered a project under the California Environmental Quality Act (CEQA), and therefore is not subject to CEQA review; now, therefore, be it
RESOLVED: That the Council hereby awards a purchasing contract to Gallagher and Burk, Inc. for paving materials in an amount not-to-exceed $2,000,000 per year for a two-year term, in accordance with Specification No. 20-745.00/RFQ 271431 and the Contractor’s Bid; and be it
FURTHER RESOLVED: That the City Administrator or designee is hereby authorized to exercise in their sole discretion, two (2) one-year options to extend the contract in an amount not-to-exceed $2,000,000 per year, for a total not to exceed contract amount of $8,00,000 over a four-year term; and be it
FURTHER RESOLVED: There is no minimum commitment to this contract, and funds will not be committed beforehand unless funding is identified; and be it
FURTHER RESOLVED: That the Council hereby finds and determines that this Gallagher and Burk, Inc. purchase contract is not considered a project under the California Environmental Quality Act (CEQA), and therefore is not subject to CEQA review; and be it
FURTHER RESOLVED: That the City Council directs the City’s Environmental Review Officer to file a Notice of Exemption with the Clerk of the County of Alameda; and be it
FURTHER RESOLVED: That the contract and amendments authorized hereunder shall be reviewed and approved by the City Attorney for form and legality and shall be 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