APPROVED AS TO FORM AND LEGALITY
___________________________ CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AWARDING A CONTRACT TO MCGUIRE AND HESTER
FOR SPECIALIZED POST-STORM TRAIL RESTORATION SERVICES
AND ASSOCIATED PUBLIC WORKS CONSTRUCTION TO REPAIR
2023 STORM-DAMAGED PARK AND TRAIL INFRASTRUCTURE IN AN
AMOUNT NOT TO EXCEED $453,907.93; MAKING FINDINGS
PURSUANT TO OAKLAND MUNICIPAL CODE SECTIONS 2.04.050(I)(1), (2), AND (5) AND 2.04.051 REGARDING SPECIALIZED SERVICES,
COMPETITIVE BIDDING, AND THE REQUEST FOR PROPOSALS
PROCESS; AND ADOPTING CALIFORNIA ENVIRONMENTAL
QUALITY ACT FINDINGS
WHEREAS, in January and March 2023, severe winter storms caused widespread damage to trail infrastructure throughout the City of Oakland (City), including those within Joaquin Miller Park (Orchard Trail, Palos Colorados Trail, and Cinderella Trail), Leona Heights Park, Garber Park, and Dimond Canyon (Bridgeview Trail) (Project); and WHEREAS, the Federal Emergency Management Agency (FEMA), through its Public Assistance Program under Disaster Declarations 4683DR and 4699DR, has approved funding to restore eligible public facilities to their pre-disaster design, function, and capacity, and the California Governor’s Office of Emergency Services (Cal OES) is providing the applicable state share of eligible Project costs; and
WHEREAS, the original FEMA deadline for completion of the eligible Project work was August 27, 2025, and FEMA and Cal OES approved an extension establishing January 14, 2027, as the current completion deadline; and
WHEREAS, the Project requires specialized post-storm trail restoration expertise and experience, including assessment and restoration of storm-damaged trail and drainage systems, excavation and removal of unstable material, reconstruction of trail surfaces, erosion-control measures, drainage restoration, site stabilization, and performance in environmentally sensitive and constrained park settings; and
2 WHEREAS, Oakland Municipal Code Section 2.04.040(B)(2) generally requires formal advertising and bidding pursuant to Oakland Municipal Code Section 2.04.050 for construction services exceeding fifty thousand dollars ($50,000); and WHEREAS, Oakland Municipal Code Section 2.04.050(I)(1) provides that upon a finding by the City Council, the formal bidding provisions of Section 2.04.050 do not apply to contracts involving professional or specialized services, and Oakland Municipal Code Section 2.04.051 provides for a competitive Request for Proposals (RFP) or Request for Qualifications process for contracts exceeding fifty thousand dollars ($50,000) that are exempt from bidding pursuant to Section 2.04.050(I)(1), with selection based on demonstrated competence and qualifications at fair and reasonable prices to the City; and
WHEREAS, Oakland Public Works determined that the Project requires specialized poststorm trail restoration services and conducted a competitive RFP process pursuant to Administrative Instruction 150 and Oakland Municipal Code Section 2.04.051; and WHEREAS, Oakland Public Works issued the RFP on May 22, 2026, with an initial proposal deadline of June 10, 2026, subsequently extended the proposal deadline to June 26, 2026, and received three timely proposals; and
WHEREAS, the proposals were evaluated pursuant to the evaluation criteria stated in the RFP, including qualifications, relevant experience, organizational capacity, technical approach, and price, and McGuire and Hester received the highest overall evaluation based upon those criteria; and
WHEREAS, Oakland Public Works evaluated the proposals in accordance with the criteria set forth in the Request for Proposals, including qualifications, relevant experience, organizational capacity, technical approach, and price, and determined that McGuire and Hester was the highest-ranked proposer and demonstrated the specialized experience, competence, technical qualifications, organizational capacity, and Project-specific approach necessary to timely complete the Project; and
WHEREAS, Oakland Public Works determined that McGuire and Hester’s proposed contract price of four hundred fifty-three thousand nine hundred seven dollars and ninety-three cents ($453,907.93) is fair and reasonable; and
WHEREAS, the proposed contract will be funded through a combination of one-time FEMA Public Assistance funding (75%), one-time Cal OES funding (18.75%), and City funds (6.25%), and will not require any General Purpose Fund appropriations; and WHEREAS, the proposed contract expenditure allocation shall be expensed from any combination of the following funding codes: FEMA Declarations Fund (2063), California State Emergency Services Fund (2146), Sewer Service Fund (3100), Infrastructure Maint: Sewer System Organization (30533), Landscape Maintenance Organization (30652), DP300 Administrative Project (1000010), FEMA 4683 Joaquin Miller Project (1008391), FEMA 4699 Cndrlla & Brdgview Project (1008546), Engineering Plan & Design Program (IN05), and Storm Drain Management & Maint Program (IN14); now, therefore, be it 3 RESOLVED: That pursuant to Oakland Municipal Code Section 2.04.050(I)(1), the City Council finds and determines that the contract involves specialized services requiring specialized post-storm trail restoration expertise and that the formal advertising and competitive bidding provisions of Oakland Municipal Code Section 2.04.050 therefore do not apply to this contract; and be it
FURTHER RESOLVED: That the City Council finds that Oakland Public Works conducted a competitive RFP process pursuant to Oakland Municipal Code Section 2.04.051 and Administrative Instruction 150, and selected McGuire and Hester based on the evaluation criteria set forth in the RFP, including demonstrated competence and qualifications, at a price the City Council finds fair and reasonable based on the accompanying Agenda Report; and be it FURTHER RESOLVED: Pursuant to Oakland Municipal Code Sections 2.04.050(I)(2) and (5), the City Council finds that a new formal advertising and competitive bidding process would be impracticable and unavailing and that proceeding with the completed competitive RFP process is in the City’s best interests because additional delay could jeopardize timely Project completion and FEMA and Cal OES reimbursement; and be it FURTHER RESOLVED: That the City Council authorizes the City Administrator to award and execute a contract with McGuire and Hester for park restoration services for a one-year term in an amount not to exceed four hundred fifty-three thousand, nine hundred seven dollars and ninety-three cents ($453,907.93); and be it
FURTHER RESOLVED: That the City Administrator is authorized to take all actions necessary to implement the contract consistent with this Resolution, including executing all contract documents, amendments, extensions, and related documents within the authorized contract amount, subject to review and approval as to form and legality by the City Attorney; and be it
FURTHER RESOLVED: That the contract shall have a term not to exceed one year from the date of execution, and all FEMA- or Cal OES-reimbursable work shall be completed by January 14, 2027, unless FEMA and Cal OES approve an extension in writing; and be it FURTHER RESOLVED: That the City Administrator or designee may execute a timeonly extension of the contract without returning to the City Council if (1) FEMA and Cal OES have approved a corresponding extension where reimbursement eligibility depends upon such approval, (2) the extension does not increase the total not-to-exceed contract amount authorized by this Resolution, (3) the extension does not materially expand or alter the Project scope, and (4) appropriated funds remain available; and be it
FURTHER RESOLVED: That the City Council finds and determines that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269, because the project consists of repair and restoration of existing public facilities damaged by the 2023 winter storms and restores those facilities to their pre-disaster condition without expanding their capacity or substantially changing their use; and be it
4 FURTHER RESOLVED: That the City Administrator shall file a Notice of Exemption, if required, with the Alameda County Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California