APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO AWARD A CONSTRUCTION CONTRACT FOR PROJECT NO. 1006266 MARTIN
LUTHER KING JR. WAY COMPLETE STREETS RESURFACING PROJECT,
TO MCGUIRE AND HESTER, THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER, IN ACCORDANCE WITH CONTRACTOR’S BID AND PROJECT PLANS AND SPECIFICATIONS, FOR AN AMOUNT NOT-TOEXCEED SEVEN MILLION, THREE HUNDRED AND SIX THOUSAND, SEVEN
HUNDRED NINETY EIGHT DOLLARS AND THIRTEEN CENTS
($7,306,798.13); AND ADOPTING APPROPRIATE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, Oakland Municipal Code Section 2.04.050 requires advertising and competitive bidding for contracts for the purchase of services, supplies, or combination thereof required by the City in any one transaction that exceeds $50,000, and award to the lowest responsive and responsible bidder; and
WHEREAS, on March 20, 2026, the City of Oakland (City) issued an advertisement inviting construction bids for Project No. 1006266, Martin Luther King Jr. Way Complete Streets Resurfacing Project (Project), through the City’s iSupplier system, and through AdTech advertising system in which the project was advertised in multiple newspapers; and
WHEREAS, on May 7, 2026, after a competitive bidding process, the City Clerk received two bids for the Project; and
WHEREAS, the bids received were as follows: McGuire and Hester ($7,306,798.13) and Redgwick Construction Co. ($8,224,989.63); and
WHEREAS, the Engineer’s Estimate for the Project was $7,157,100.00; and WHEREAS, the Department of Workplace and Employment Standards (DWES) reviewed both bids and determined that both bidders met the Project’s 36% Local and Small Local Business Enterprise (L/SLBE) participation requirement, consisting of 18% Local Business Enterprise (LBE) participation and 18% Small Local Business Enterprise (SLBE) participation; and
Celso Ortiz (Aug 31, 2026 13:05:45 PDT)
2 WHEREAS, McGuire and Hester, a certified Local Business Enterprise (LBE), exceeded the minimum participation requirements and received a four percent bid discount based on the combination of participation beyond the required minimum and its approved MentorProtégé Agreement with a certified Very Small Local Business Enterprise (SLBE); and WHEREAS, Redgwick Construction Co., also a certified LBE, exceeded the minimum participation requirements and received a ten percent bid discount based on the combination of participation beyond the required minimum and its approved MentorProtégé Agreement with a certified Very Small Local Business Enterprise (VSLBE).; and WHEREAS, following application of earned bid discounts pursuant to the City’s L/SLBE Program, McGuire and Hester remained the lowest responsive and responsible bidder; and WHEREAS the City received a bid protest from Redgwick Construction Co. challenging McGuire and Hester’s bid and the certification status of a listed subcontractor; and WHEREAS, Oakland Public Works, DWES, and the Office of the City Attorney reviewed the protest and determined that the protest did not provide sufficient grounds to reject McGuire and Hester’s bid as non-responsive; and
WHEREAS, the Project will implement roadway resurfacing, accessibility improvements, ADA curb ramps, pedestrian crossing improvements, transit boarding improvements, bicycle facilities, traffic calming measures, pavement rehabilitation, pavement markings, traffic striping, drainage improvements, and other complete streets improvements along Martin Luther King Jr. Way; and
WHEREAS, sufficient funding for the Project has been appropriated within the City’s Capital Improvement Program under Project No. 1006266, Org 92242, Account 57411, Fund 5346 (Measure U); and
WHEREAS, the California Environmental Quality Act (CEQA) and CEQA Guidelines exempt specific types of projects from environmental review; and WHEREAS, the Project is exempt from CEQA pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), 15301(c) (Existing Facilities), 15303 (Small Structures), 15304(h) (Minor Alterations to Land), and/or 15061(b)(3) (No Significant Effect on the Environment), each of which provides a separate and independent basis for CEQA compliance; and WHEREAS, the City Council finds and determines that the performance of this contract is temporary in nature and shall not result in the loss of employment or salary by any person having permanent status in the competitive service; now, therefore, be it 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 3 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
RESOLVED, That the City Administrator is authorized to award a construction contract to McGuire and Hester for Project No. 1006266, Martin Luther King Jr. Way Complete Streets Resurfacing Project, in accordance with the Project Plans and Specifications and contractor’s bid, in the amount of Seven Million Three Hundred Six Thousand Seven Hundred Ninety-Eight Dollars and Thirteen Cents ($7,306,798.13); and be it FURTHER RESOLVED, That the City Administrator is authorized to award a construction contract to McGuire and Hester for Project No. 1006266, Martin Luther King Jr. Way Complete Streets Resurfacing Project, in accordance with the Project Plans and Specifications and contractor’s bid, in the amount of Seven Million, Three Hundred and Six Thousand, Seven Hundred Ninety-Eight Dollars and Thirteen Cents ($7,306,798.13); and be it
FURTHER RESOLVED: That the contractor shall comply with all City contracting and compliance program requirements applicable to the contract, including the Local and Small Local Business Enterprise Program requirements as verified by the Department of Workplace and Employment Standards; and be it
FURTHER RESOLVED: That prior to execution of the contract, the contractor shall provide a faithful performance bond and payment bond, each in an amount not less than one hundred percent (100%) of the contract amount; and be it FURTHER RESOLVED: That the City Administrator is authorized to execute the contract and take all actions necessary to carry out the intent of this Resolution; and be it FURTHER RESOLVED: That the City Administrator is authorized to reject all other bids; and be it
FURTHER RESOLVED: That the City Council finds that the Project is exempt from CEQA pursuant to CEQA Guidelines Sections 15183, 15301(c), 15303, 15304(h), and 15061(b)(3), each providing a separate and independent basis for CEQA compliance; and be it
4 FURTHER RESOLVED: That the City Attorney shall review and approve the contract as to form and legality prior to execution, and a copy shall be 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