APPROVED AS TO FORM AND LEGALITY ___________________________ CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION:
(1) AUTHORIZING THE CITY ADMINISTRATOR TO PURCHASE
READY-MIX CONCRETE FROM CALPORTLAND COMPANY, CEMEX
CONSTRUCTION MATERIALS, AND ONE ADDITIONAL ELIGIBLE
READY-MIX CONCRETE SUPPLIER, INCLUDING A NEW MARKET
ENTRANT, ON AN AS-NEEDED BASIS FOR A FOUR-YEAR PERIOD IN
AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND
DOLLARS ($400,000) PER SUPPLIER PER YEAR, FOR AN ANNUAL
AGGREGATE AMOUNT NOT TO EXCEED ONE MILLION TWO
HUNDRED THOUSAND DOLLARS ($1,200,000) AND A TOTAL FOURYEAR AGGREGATE AMOUNT NOT TO EXCEED FOUR MILLION EIGHT HUNDRED THOUSAND DOLLARS ($4,800,000);
(2) AUTHORIZING PAYMENT OF UNPAID INVOICES DUE TO
CALPORTLAND COMPANY IN AN AMOUNT NOT TO EXCEED
SEVENTY THOUSAND DOLLARS ($70,000);
(3) WAIVING FURTHER ADVERTISING AND COMPETITIVE BIDDING PURSUANT TO OAKLAND MUNICIPAL CODE 2.04.050(I)(2) AND
AUTHORIZING OPEN-MARKET PURCHASES PURSUANT TO
OAKLAND MUNICIPAL CODE 2.04.050(J);
(4) GRANTING, TO THE EXTENT REQUIRED, A LIMITED
RESTRICTED WAIVER OF THE BORDER WALL CONTRACTING
PROHIBITION PURSUANT TO OAKLAND MUNICIPAL CODE 2.22.050
AND A WAIVER OF THE SANCTUARY CITY CONTRACTING
PROHIBITION RELATING TO CERTAIN UNITED STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT, CUSTOMS AND
BORDER PROTECTION, AND DEPARTMENT OF HEALTH AND
HUMAN SERVICES OFFICE OF REFUGEE RESETTLEMENT
SERVICES PURSUANT TO OAKLAND MUNICIPAL CODE 2.23.030 FOR
CALPORTLAND COMPANY AND CEMEX CONSTRUCTION
MATERIALS, AND CONDITIONALLY FOR ONE ADDITIONAL
ELIGIBLE SUPPLIER; AND
(5) ADOPTING APPROPRIATE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FINDINGS
WHEREAS, the Oakland Department of Transportation (“OakDOT”) performs paving, sidewalk, and ADA-compliant curb-ramp construction and repair work on City of Oakland (“City”) streets and requires reliable access to ready-mix concrete for those operations; and WHEREAS, procuring construction materials for City-delivered projects is an essential element of the City’s paving and accessibility programs, including work required to meet applicable accessibility obligations; and
WHEREAS, ready-mix concrete is batched off-site at commercial supplier plants and delivered to public right-of-way work sites, where City crews perform the placement and finishing work; and
WHEREAS, ready-mix concrete is a time-sensitive material that must be used within a limited period following batching, making supplier availability, proximity, delivery timing, and operational reliability important to the City’s procurement; and WHEREAS, in spring 2025, the City issued Request for Quote No. 342530 for ready-mix concrete materials, advertised the solicitation as required, and received no valid bids or quotes; and
WHEREAS, Oakland Municipal Code (“OMC”) 2.04.050(J) authorizes the City Administrator to purchase supplies in the open market when no valid bids are received following required advertising; and
WHEREAS, the ready-mix concrete market serving Oakland is limited and subject to changing supplier availability, and the City seeks authority to purchase from CalPortland Company, CEMEX Construction Materials, and one additional qualified supplier that may enter or re-enter the market during the four-year authorization period; and WHEREAS, CalPortland Company recently supplied ready-mix concrete needed for City operations and has agreed to accept the City’s general purchase order terms and conditions, subject to resolution of identified City contracting requirements; and WHEREAS, the purchasing authority under this Resolution is limited to Four Hundred Thousand Dollars ($400,000) per supplier per year, for a maximum annual aggregate amount of One Million Two Hundred Thousand Dollars ($1,200,000) across all three suppliers and a maximum aggregate amount of Four Million Eight Hundred Thousand Dollars ($4,800,000) over the four-year term; and
WHEREAS, after expiration of the City’s prior purchase authority, the City received and accepted additional ready-mix concrete from CalPortland Company, resulting in unpaid, undisputed invoices in an amount not to exceed Seventy Thousand Dollars ($70,000); and WHEREAS, an “Eligible Supplier” means CalPortland Company, CEMEX Construction Materials, or one additional ready-mix concrete supplier, that the City Administrator or designee determines is qualified to meet the City’s operational needs, offers fair and reasonable pricing, and accepts the City’s approved purchasing terms; and
WHEREAS, OMC 3.12.140 applies to this procurement and requires a signed and dated contractor certification relating to the City’s campaign contribution restrictions before contract award; and
WHEREAS, the City Administrator is responsible for implementing procedures to ensure contractor compliance with OMC 3.12, and the City intends to incorporate the required signed and dated certification into the applicable purchase order or contract purchase order rather than require a separate Schedule O form; and
WHEREAS, CalPortland Company and CEMEX Construction Materials have declined to execute the City’s Schedule I and Schedule W certifications; and WHEREAS, Schedule I implements OMC 2.23, which restricts City contracts with entities that provide specified data broker, extreme vetting, or detention facilities services to United States Immigration and Customs Enforcement (“ICE”), United States Customs and Border Protection (“CBP”), or the United States Department of Health and Human Services Office of Refugee Resettlement (“HHS/ORR”); and
WHEREAS, OMC 2.23.030(B)(i) permits waiver of that contracting prohibition where no reasonable alternative exists because there is no other qualified responsive bidder, proposer, prospective vendor, or provider that complies with OMC2.23.030, or the City Administrator determines in writing that the City otherwise would be unable to obtain essential goods or services on a reasonable basis; and
WHEREAS, Schedule W implements OMC 2.22, which restricts City contracts with entities engaged in specified work related to the planning, design, construction, or maintenance of a wall along the United States-Mexico border; and
WHEREAS, OMC 2.22.050(i) permits a Limited Restricted Waiver where there is no other qualified responsive bidder, proposer, prospective vendor, or provider that complies with Chapter 2.22, or the City Administrator determines in writing that the City otherwise would be unable to obtain essential goods or services on a reasonable basis; and WHEREAS, based on the City’s unsuccessful prior solicitation, the limited ready-mix concrete market, the time-sensitive nature of ready-mix concrete, and the City’s need for a reliable supply of concrete for essential City operations, the City Council finds that the requirements for the waivers set forth below are satisfied for CalPortland Company and CEMEX Construction Materials and may be satisfied for one additional Eligible Supplier upon the written determination required by this Resolution; and
WHEREAS, this Resolution authorizes the purchase of ready-mix concrete, payment of previously incurred invoices, and related contracting authority, and does not approve or authorize any specific paving, sidewalk, curb-ramp, or other construction project; and WHEREAS, the City Council finds that the actions authorized by this Resolution are not a “project” subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(2) and (b)(5) because they constitute purchasing and administrative activities that will not themselves result in a direct or reasonably foreseeable indirect physical change in the environment, and, as a separate and independent basis, are exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the procurement and contracting actions authorized by this Resolution will not have a significant effect on the environment; now, therefore, be it
RESOLVED: That the City Council finds that the City received no valid bids or quotes after required advertising for ready-mix concrete and authorizes the City Administrator to purchase ready-mix concrete in the open market pursuant to OMC 2.04.050(J); and be it FURTHER RESOLVED: That the City Council finds pursuant to OMC 2.04.050(I)(2) that further advertising and competitive bidding would be impracticable, unavailing, or impossible because the City previously conducted a solicitation, received no valid bids or quotes, faces a limited supplier market, and requires reliable access to ready-mix concrete for essential City operations, and waives further advertising and competitive bidding; and be it FURTHER RESOLVED: That the City Council authorizes payment of unpaid invoices due to CalPortland Company for ready-mix concrete previously received and accepted by the City after expiration of prior purchase authority, in an amount not to exceed Seventy Thousand Dollars ($70,000); and be it
FURTHER RESOLVED: That the City Administrator is authorized to purchase readymix concrete from CalPortland Company, CEMEX Construction Materials, and one additional Eligible Supplier, including a new market entrant, for a four-year period in an amount not to exceed Four Hundred Thousand Dollars ($400,000) per supplier per year, with total purchases from all three suppliers not to exceed One Million Two Hundred Thousand Dollars ($1,200,000) in any year or Four Million Eight Hundred Thousand Dollars ($4,800,000) over the four-year term; and be it
FURTHER RESOLVED: That before the first purchase from the additional Eligible Supplier, the City Administrator or designee shall determine in writing that the supplier satisfies the eligibility requirements of this Resolution; and be it FURTHER RESOLVED: That the City Administrator shall ensure compliance with OMC 3.12.140 by requiring each supplier, before award, to sign and date the required contractor certification, which may be incorporated into or attached to the applicable purchase order or contract purchase order in a form approved by the City Attorney’s Office, and by ensuring that the certification is received and filed by the City Clerk as required by law; and be it FURTHER RESOLVED: That City Council grants a waiver pursuant to OMC
2.23.030(B)(i) for CalPortland Company and CEMEX Construction Materials based on the Council’s determination that no reasonable alternative exists because there are no other qualified and reasonably available ready-mix concrete suppliers that comply with OMC 2.23.030, or the City would otherwise be unable to obtain essential ready-mix concrete on a reasonable basis; and be it
FURTHER RESOLVED: That the City Council conditionally grants the same waiver to one additional Eligible Supplier provided that before award to that supplier, the City Administrator determines in writing that: (1) the supplier is otherwise qualified under this Resolution; and (2) no reasonable alternative exists because there is no other qualified and reasonably available supplier that complies with OMC 2.23.030, or the City would otherwise be unable to obtain essential readymix concrete on a reasonable basis; and be it FURTHER RESOLVED: That the City Administrator’s written determination for the additional Eligible Supplier is a condition to the Council-granted waiver and does not constitute a delegation of the City Council’s authority to grant a waiver under OMC 2.23.030(B); and be it FURTHER RESOLVED: That the City Council grants a Limited Restricted Waiver pursuant to OMC 2.22.050(i) for CalPortland Company and CEMEX Construction Materials based on the Council’s determination that no reasonable alternative exists because there are no other qualified and reasonably available ready-mix concrete suppliers that comply with Chapter
2.22, or the City would otherwise be unable to obtain essential ready-mix concrete on a reasonable basis; and be it
FURTHER RESOLVED: That the City Council conditionally grants the same Limited Restricted Waiver to one additional Eligible Supplier provided that before award to that supplier, the City Administrator determines in writing that: (1) the supplier is otherwise qualified under this Resolution; and (2) no reasonable alternative exists because there is no other qualified and reasonably available supplier that complies with OMC 2.22, or the City would otherwise be unable to obtain essential ready-mix concrete on a reasonable basis; and be it FURTHER RESOLVED: That the City Administrator’s written determination for the additional Eligible Supplier is a condition to the Council-granted Limited Restricted Waiver and does not constitute a delegation of the City Council’s authority to grant a Limited Restricted Waiver under OMC 2.22.050; and be it
FURTHER RESOLVED: That each purchase authorized by this Resolution shall be made pursuant to a written purchase order, contract purchase order, or other written purchasing instrument approved as to form and legality by the City Attorney’s Office and accepted by the supplier; and be it
FURTHER RESOLVED: That the City Administrator is authorized to take actions necessary to implement this Resolution; and be it
FURTHER RESOLVED: That the City Council finds and determines that the actions authorized by this Resolution are not a project subject to CEQA pursuant to CEQA Guidelines section 15378(b)(2) and (b)(5) and, as a separate and independent basis, are exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3).
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