Fremont City Council Meeting: 09/16/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5528) DOC ID: 5528
Updated: 9/11/2025 10:13 AM by Dina Lewis Page 1
FIBER OPTIC COMMUNICATION REDUNDANCY PHASE 1 PROJECT - Approval of Plans and Specifications; Award of Contract to MP Nexlevel of California, Inc. in the Amount of $376,173.05 (including 15% Contingency) for the Fiber Optic Communication Redundancy Phase I Project (PWC9115); Appropriation Actions; and Make Findings of CEQA Exemption
Contact Persons:
Name: Aleksandr Zabyshny Hans Larsen
Title: Senior Transportation Engineer Public Works Director Div/Dept: Public Works Public Works
Phone: 510-494-4796 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the construction of fiber optic communication infrastructure and installation of network equipment upgrades to improve redundancy and reliability of the City’s fiber optic communications network.
BACKGROUND: A reliable communication network is an integral part of a modern, well-connected city and is critical to support a community’s ongoing economic growth and vitality. Recognizing this, the City has invested in the planning and building of a well-connected and reliable fiber optic communications network to support critical services, including emergency response, traffic signal communications, public Wi-Fi, and various city programs.
In July 2022, City Council adopted the Fiber Optic Master Plan (Fiber Master Plan) that defined strategies and identified a citywide network of fiber optic infrastructure to support government facilities, commercial/industrial corridors, and potentially providing broadband alternatives for the City’s residents. One of the core objectives identified by the Fiber Master Plan is the implementation of a redundancy network “ring”, utilizing the existing fiber optic communications infrastructure along the I-880 freeway to allow for a backup path of communication for the City’s fiber optic network.
In 2019, the City executed a reciprocal use agreement with the Bay Area Infrastructure Financing Authority (BAIFA), which operates the fiber optic communication infrastructure along the I-880 corridor through Alameda County that was installed as part of the I-880 Express Lanes Project. Under the agreement, the City is allowed to utilize BAIFA’s fiber optic lines along I-880 within the City limit for City communications, while BAIFA is allowed to utilize part of the City’s fiber optic network along Mowry Avenue to ultimately communicate to their various regional data centers. The proposed Fiber Optic Communication Redundancy Project Phase 1 will construct the necessary infrastructure at the various I-880 freeway interchanges, connect the City fiber optic network to the BAIFA fiber optic network, and ultimately create the redundancy network “ring” that is identified in the Fiber Master Plan.
DISCUSSION/ANALYSIS: Bids for this project were publicly opened on July 8, 2025. The bidders with their respective bid amounts are shown below. Engineer’s Estimate is $316,249.00.
Council Staff Report (ID # 5528) Meeting of September 16, 2025 Updated: 9/11/2025 10:13 AM by Dina Lewis Page 2
Bidder Bid Amount
1. MP Nexlevel of California, Inc. $327,107.00
2. St. Francis Electric, LLC. $375,490.00
Bid Protest: St. Francis Electric, LLC., the second low bidder, submitted a bid protest within the applicable time period (see attached letter). Staff reviewed the bid protest and found it without merit. Therefore, staff recommends rejecting the bid protest and awarding the contract to MP Nexlevel of California, Inc.
The St. Francis Electric, LLC. Protest letter cited one argument for their basis for protest as follows:
1. MP Nexlevel of California, Inc. “designated a subcontractor for use in the project whose registration with the Department of Industrial Relations (DIR) was expired.”
City Response: The City of Fremont confirmed on the DIR website that the subcontractor in question does have an active DIR registration at the time of bid opening (July 8, 2025). For the reason set forth above, staff recommends that the City Council reject St. Francis Electric, LLC.’s bid protest as without merit and award the contract to MP Nexlevel of California, Inc., the lowest responsive and responsible bidder.
The low bidder, MP Nexlevel of California, Inc. submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of similar nature with other nearby agencies.
Project Costs and Funding:
Estimated Project Costs:
Construction Contract Cost (Lowest Responsible Bid) $ 327,107.00 Construction Contingency (15%) 49,066.05
Construction Management, Inspection, and Administration (City staff) 50,000.00 Total Costs $426,173.05
Sources of Funding:
Proposed Reallocations
625-93000 (ITS Capital Replacement – Fund 625) $ 152,046.82 PWC8994- Fund 501 – Capital Improvement Fund 224,126.23 PWC8931- Fund 531 - Traffic Impact Fee 50,000.00
Total Sources $426,173.05
FISCAL IMPACT: The total estimated cost for the project construction is $426,173.05. The total cost includes the cost for construction contract, a 15% contingency, the construction management and inspection services, and City project administration. The project will be funded by three funding sources: 1) ITS Capital Replacement (Fund 625), 2) IT Fiber Optic Plant Upgrade (PWC8994), and 3) Traffic Signal Upgrade & Modernization (PWC8931). With the recommended allocation of funds to the project, there will be sufficient funds available for the estimated project cost.
Council Staff Report (ID # 5528) Meeting of September 16, 2025 Updated: 9/11/2025 10:13 AM by Dina Lewis Page 3
ENVIRONMENTAL REVIEW: This project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (repair, maintenance, or minor alteration of existing facilities involving no or negligible expansion of use beyond that which presently exists); CEQA Guidelines Section 15303 (new construction or conversion of small facilities or structures); CEQA Guidelines 15304 (minor alterations to land involving minor trenching and backfilling). None of the exceptions to the categorical exemptions outlined in CEQA Guidelines Section 15300.2 apply to the project.
Each of the foregoing provides a separate and independent basis for CEQA compliance with respect to the subject action.
ATTACHMENTS:
• St. Francis Electric, LLC. Bid Protest Letter
RECOMMENDATION: Approval of the following actions related to the Fiber Optic Communication Redundancy Phase I Project (PWC9115):
1. Approve the plans and specifications for the project.
2. Reject the protest of the second low bidder (St. Francis Electric, LLC.) and accept the bid and award the construction contract to the lowest responsive and responsible bidder, MP Nexlevel of California, Inc. in the amount of $327,107.00 and allocate a 15% construction contingency in the amount of $49,066.05 for a total construction contract amount of $376,173.05 and authorize the City Manager, or designee, to execute the contract.
3. Appropriate $152,046.82 from the Information and Technology Services Department’s Equipment Replacement budget (Fund 625) to PWC9115-625.
4. Reallocate $224,126.23 from PWC8994-501 and appropriate it to PWC9115-501.
5. Reallocate $50,000.00 from PWC8931-531 and appropriate it to PWC9115-531.
6. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15301 (repair, maintenance, or minor alteration of existing facilities involving no or negligible expansion of use beyond that which presently exists); CEQA Guidelines Section 15303 (new construction or conversion of small facilities or structures); CEQA Guidelines 15304 (minor alterations to land involving minor trenching and backfilling).