APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION AMENDING AND INCREASING THE CONSTRUCTION
CONTRACT WITH OLIVER DE SILVA, INC. DBA GALLAGHER &
BURK, INC. FOR THE ACTIVE TRANSPORTATION PROGRAM 19TH
STREET BART TO LAKE MERRITT URBAN GREENWAY PROJECT,
PROJECT NO. 1003211 BY FOUR MILLION ONE HUNDRED EIGHTYFIVE THOUSAND FOUR HUNDRED TWENTY-SIX DOLLARS AND SIXTY-NINE CENTS ($4,185,426.69) FOR A GRAND TOTAL
CONTRACT AMOUNT NOT-TO-EXCEED TEN MILLION SIX
HUNDRED TWENTY-FOUR THOUSAND FIVE HUNDRED SEVENTYFIVE DOLLARS AND FORTY-FOUR CENTS ($10,624,575.44), WAIVING
FURTHER ADVERTISING AND BIDDING SELECTION
REQUIREMENTS, AND ADOPTING APPROPRIATE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, on April 8, 2021, the City Council adopted Resolution No. 88604 C.M.S., which authorized the City Administrator to enter into a construction contract agreement with Oliver de Silva, Inc. DBA Gallagher & Burk, Inc. (GBI) in the amount of Six Million Four Hundred Thirty-Nine Thousand One Hundred Forty-Eight Dollars and Seventy-Five Cents ($6,439,148.75); and
WHEREAS, GBI was selected through a competitive bid process and the City determined GBI as the lowest, responsive, and responsible bidder for the project; and WHEREAS, the Project is exempt from the CEQA pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a Community Plan, General Plan or Zoning), 15301(c) (Existing Facilities, Highways and Streets), 15302 (Replacement or Reconstruction), 15303 (Small Structures), 15304(h) (minor alterations to land), and/or 15061(b)(3) (No Significant Effect on the Environment); and
WHEREAS, construction is already underway by GBI; and
WHEREAS, due to unforeseen and changed field conditions, additional work outside of the contract scope of work was needed to successfully complete the project; and WHEREAS, the funding for the increase of the contract of up to $2,575,659.50 is available in Fund 5346 and 2420; Project 1003211; and
Celso Ortiz (Aug 27, 2026 23:56:54 PDT)
2 WHEREAS, the City Council finds and determines based on the representations set forth in the City Administrator’s report accompanying this Resolution that the contract approved hereunder is temporary in nature; and
WHEREAS, the City lacks the equipment and qualified personnel to perform the necessary work, and the City Council finds and determines that the performance of this contract is in the public interest because of economy or better performance and that this contract is of a professional, scientific or technical 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 service; and
WHEREAS, Section 2.04.050.I.5 of the Oakland Municipal Code (the “OMC”) authorizes the City Council to waive the advertising and competitive bidding requirements of Section 2.04.050 upon a finding and determination that it is in the best interests of the City to do so; and
WHEREAS, waiving the advertising and competitive bidding requirements of OMC Section 2.04.050 remains in the best interest of the City because it will allow completion of the project, and avoid further costly delays and disruption during the middle of the ongoing project construction; now, therefore, be it
RESOLVED: That the City Council hereby finds and determines that pursuant to OMC Section 2.04.051.B, that it is in the best interests of the City to waive the advertising and competitive bidding requirements of the OMC and increase the change order limit for the contract with Oliver de Silva, Inc. DBA Gallagher & Burk, Inc. for the 19th Street BART to Lake Merritt Urban Greenway (Project No. 1003211) from twenty-five percent (25%) to sixty-five percent (65%) of the original contract amount, because it will allow completion of the project, maintain continuity, and avoid further costly delays and disruption during the middle of ongoing project construction; and be it
FURTHER RESOLVED: That the City Council hereby authorizes the City Administrator to increase the change order limit for the contract with Oliver de Silva, Inc. DBA Gallagher & Burk, Inc. for the 19th Street BART to Lake Merritt Urban Greenway (Project No. 1003211) from twenty-five (25%) to sixty-five percent (65%) of the original contract amount for a total contract amount not-to-exceed Ten Million Six Hundred Twenty-four Thousand Five Hundred Seventy-five Dollars And Forty-four Cents ($10,624,575.44).
FURTHER RESOLVED: That the City Council has reviewed and considered the prior CEQA determination for the 19th Street BART to Lake Merritt Urban Greenway Project adopted in Resolution No. 88604 C.M.S, and finds and determines that the proposed contract amendment is within the scope of the previously reviewed Project and does not authorize any new physical improvements, substantial changes to the Project, or new circumstances requiring subsequent or supplemental environmental review; and be it
FURTHER RESOLVED: That the City Council finds and determines that the Project remains exempt from CEQA pursuant to CEQA Guidelines Sections 15183 (Projects Consistent 3 with a Community Plan, General Plan or Zoning), 15301(c) (Existing Facilities, Highways and Streets), 15302 (Replacement or Reconstruction), 15303 (Small Structures), 15304(h) (minor alterations to land), and/or 15061(b)(3) (No Significant Effect on the Environment); and the City Council finds that each of the foregoing provides a separate and independent basis for CEQA compliance; and be it
FURTHER RESOLVED: That the City Administrator is authorized to approve any subsequent amendments to or extensions of said agreement, provided that such amendments or extensions shall be filed with the City Clerk’s Office; and be it FURTHER RESOLVED: That the contract shall be reviewed and approved by the City Attorney for form and legality and placed on file in the Office of the City 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