APPROVED AS TO FORM AND LEGALITY
___________________________ CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION 1) AWARDING A PROFESSIONAL SERVICES
AGREEMENT TO AZAD ENGINEERING PC FOR AN AMOUNT OF
FOUR MILLION DOLLARS ($4,000,000) TO PROVIDE CONSTRUCTION
MANAGEMENT SUPPORT SERVICES FOR THE MARTIN LUTHER
KING JR. WAY STREETSCAPE IMPROVEMENTS PROJECT (NUMBER
1008516); AND 2) ADOPTING APPROPRIATE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, the City’s Martin Luther King Jr. (MLK Jr.) Way Streetscape Improvements (Project) will deliver pedestrian crossings improvements, pedestrian lighting, street trees, seating, a two-way cycle track, and upgraded traffic signals for vehicles, bicyclists, and pedestrians on MLK Jr. Way between 2nd Street and 14th Street; and
WHEREAS, the City Council passed Resolution Number 89519 C.M.S., which authorized the City Administrator to accept and appropriate California State Transportation Agency (CalSTA) grant funding to advance this Project; and
WHEREAS, the City Council passed Resolution Number 90799 C.M.S., which authorized the City Administrator to accept and appropriate Regional Measure 3 (RM3) grant funding from the Metropolitan Transportation Commission to advance this Project; and WHEREAS, the City Council passed Resolution Number 91208 C.M.S., which authorized the City Administrator to take all actions necessary to apply for, accept and appropriate additional funds required to advance and complete projects identified in the City’s Capital Improvement Program; and
WHEREAS, sufficient funding for the Project has been appropriated and available within the City’s Capital Improvement Program under Project 1008516, Fund 2163 (RM3) and 2159 (CalSTA); and
WHEREAS, on July 17, 2026, the City issued a Request for Proposals (RFP) for construction management support services for the Project 1008516 in accordance with Oakland Municipal Code (“O.M.C.”) Section 2.04.051 and Administrative Instruction No. 150; and WHEREAS, on August 13, 2026, two (2) proposals were received by the City and evaluated by City staff through a rigorous and transparent process; and 2 WHEREAS, Azad Engineering PC was the highest scoring firm and selected to be awarded a Professional Services Agreement to provide construction management support services for the Project; and
WHEREAS, the Project is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 21080.25(b) (Pedestrian and Bicycle), 15301(c) (Existing Facilities, Highways and Streets), 15302(c) (Replacement or Reconstruction), 15303(d) (Small Structures), and 15304(h) (minor alterations to land); each of the above exemptions provides a separate and independent basis for CEQA compliance, and the City filed a Notice of Exemption with Alameda County and the Office of Planning and Research’s State Clearing House on March 8, 2024; and
WHEREAS, the City Council finds that the Project as approved is within the scope of the prior CEQA exemption determination and that none of the exceptions to categorical exemptions set forth in CEQA Guidelines section 15300.2 applies; 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 Professional Services Agreement hereunder is temporary in nature, and that this contract shall not result in the loss of employment or salary by any person having permanent status in the competitive services; and WHEREAS, the City Council finds and determines that this contract is of a professional, scientific or technical nature; now, therefore, be it
RESOLVED: the preceding findings and determinations are hereby incorporated by reference into this Resolution; and be it
FURTHER RESOLVED: That the City Administrator is authorized to negotiate and enter into a Professional Services Agreement with Azad Engineering PC for an amount of four million dollars ($4,000,000) to provide construction management support services for the Project; and be it
FURTHER RESOLVED: That the contracted firm(s) shall comply with all City contracting and compliance program requirements that apply to this contract, including Local Business Enterprise and Small Local Business Enterprise (LBE/SLBE) participation and be verified by the Workplace and Employment Standards Department; and be it FURTHER RESOLVED: That the City Administrator is hereby authorized to conduct all negotiations and approve any subsequent amendments, modifications, or extensions of said Professional Services Agreement, except those related to increasing the amount of the contract above the authorized amount under this Resolution; and be it FURTHER RESOLVED: That the Council hereby finds and determines that the Project is exempt from the California Environmental Quality Act (“CEQA pursuant to CEQA Guidelines Sections 21080.25(b) (Pedestrian and Bicycle), 15301(c) (Existing Facilities, Highways and Streets), 15302(c) (Replacement or Reconstruction), 15303(d) (Small Structures), and 15304(h) (minor alterations to land); each providing a separate and independent basis for CEQA compliance; and be it
3 FURTHER RESOLVED: That the Agreement and any subsequent amendments or extensions shall be reviewed and approved by the Office of the City Attorney for form and legality prior to execution 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