APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO
GRUENDL INC. DBA RAY’S ELECTRIC, INC., FOR THE
HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE
10, 98TH AVENUE CROSSING IMPROVEMENTS, PROJECT NO.
1006186, THE LOWEST, RESPONSIBLE, AND RESPONSIVE
BIDDER IN ACCORDANCE WITH PROJECT PLANS,
SPECIFICATIONS, AND THE CONTRACTOR’S BID IN THE
AMOUNT OF TWO MILLION, ONE HUNDRED EIGHTY-FOUR
THOUSAND, FIVE HUNDRED AND SIXTY-SIX DOLLARS AND
FIFTY-EIGHT CENTS ($2,184,566.58); AND ADOPTING
APPROPRIATE CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS
WHEREAS, the City of Oakland (City) applied for and was awarded Highway Safety Improvement Program (HSIP) Cycle 10 grant funds for the 98th Avenue Crossing Improvements Project (Project) between Pearmain Street and Birch Street; and WHEREAS, the City Council passed Resolution No. 88685 C.M.S., which authorized the City Administrator to accept and appropriate the HSIP Cycle 10 grant of two million, one hundred eighty-two thousand five hundred ninety dollars ($2,182,590) and allocate fifty-nine thousand six hundred and ten dollars ($59,610) as a City local match for design and construction of the Project; and
WHEREAS, the Project includes implementing pedestrian traffic safety improvements between Pearmain Street and Birch Street in East Oakland; and WHEREAS, pursuant to the Oakland Municipal Code (OMC) §2.04.050, the City Clerk duly advertised the notice inviting bids in the City's official newspaper on March 6, 2026, more than ten (10) calendar days prior to bid opening, and the City received three (3) bids on April 2, 2026; and WHEREAS, Gruendl Inc. dba Ray’s Electric, Inc. is deemed the lowest, responsible, and responsive bidder for the Project with a bid of two million, one hundred eighty-four thousand, five hundred sixty-six dollars, and fifty-eight cents ($2,184,566.58), and that the bid is compliant with the City’s Equal Benefits Ordinance (EBO) and meets the Local & Small Local Business Enterprise (L/SLBE) program requirements; and
Celso Ortiz (Sep 11, 2026 10:48:26 PDT)
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WHEREAS, sufficient funds are available for this Project, and have been appropriated in Funds 2140, and 5346, Project Number 1006186; and
WHEREAS, the City Council finds and determines based on the representations set forth in the City Administrator's report accompanying this Resolution that the construction 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; now, therefore, be it
RESOLVED: That all the preceding findings and determinations are hereby incorporated by reference and adopted herein by the Council; and be it
FURTHER RESOLVED: That the City Administrator is authorized to award and execute a construction contract with Gruendl Inc. dba Ray's Electric, Inc., the lowest, responsible, and responsive bidder in accordance with Project plans, specifications and the contractor's bid for the Highway Safety Improvement Program (HSIP) Cycle 10, 98th Avenue Pedestrian Improvements Project between Pearmain Street and Birch Street, Project No. 1006186 in the amount of two million, one hundred eighty-four thousand, five hundred sixty-six dollars and fifty-eight cents ($2,184,566.58); and be it
FURTHER RESOLVED: That the successful contractor shall provide faithful performance bond and payment bond to guarantee payment of all claims for labor and materials furnished and of the amount of 100% of the contract price and due under the Unemployment Insurance Act prior to execution of the contract; and be it
FURTHER RESOLVED: If the apparent low bidder fails or refuses to execute the contract or furnish the required bonds and insurance within the time specified in the bid documents, the City Administrator is authorized to award the contract to the next lowest responsive and responsible bidder at that bidder's bid price, or reject all bids and re-advertise, as in the City Administrator's discretion is in the City's best interest; and be it
FURTHER RESOLVED: That the contractor and all subcontractors shall comply with California prevailing wage requirements and shall be registered with the Department of Industrial Relations (DIR); and be it
FURTHER RESOLVED: That the City Administrator is hereby authorized to approve and execute any subsequent amendments or modifications of the contract within the limitation of the Project specifications, extensions, payment requests, applications for permits, agreements and execute all related actions for the completion of the Project without return to the City Council; and be it
FURTHER RESOLVED: The plans and specifications prepared for the Project, including any subsequent changes during construction, are/will be reviewed and adopted by the Director of the Department of Transportation, are hereby approved; and be it FURTHER RESOLVED: That the City Administrator is hereby authorized to reject all other bids; and be it
FURTHER RESOLVED: That the contract shall be reviewed and approved by the City Attorney for form and legality prior to execution and placed on file in the Office of the City Clerk; and be it
FURTHER RESOLVED: That the City Council hereby finds and determines that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to the following CEQA Guidelines Sections: Section 15162 and 15163 (no further environmental review required); Section 15060(c)(2) (no direct or reasonably foreseeable indirect physical change in the environment); Section 15061(b)(3) (no significant effect on the environment); Section 15183 (projects consistent with a community plan, general plan, or zoning),Section 15301 (existing facilities), Section 15302 (replacement or reconstruction), and Section 15309 (inspections), each of which provides a separate and independent basis for CEQA clearance and when viewed collectively provide an overall basis for CEQA clearance; and be it FURTHER RESOLVED: That the City Administrator shall file a Notice of Determination/Notice of Exemption with the Clerk of the County of Alameda for the Project that is named in this Resolution.
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