Public Works and Transportation Committee
October 13, 2026
AGENDA REPORT
TO: Elizabeth Lake FROM: Josh Rowan,
Interim City Administrator Director of Transportation
SUBJECT: East 12th Street Bikeway
Construction Contract Award
DATE: September 21, 2026
City Administrator Approval Date:
RECOMMENDATION
Resolution (1) Authorizing The City Administrator To Award A Construction Contract To McGuire And Hester For The East 12th Street Bikeway Project Number 1003980, The Lowest Responsible And Responsive Bidder In Accordance With Project Plans, Specifications, State Requirements, And With Contractor’s Bid In The Amount Of Five Million Fifty-Five Thousand Eight Hundred Ninety-Eight Dollars ($5,055,898.00); (2) Authorizing The City Administrator To Approve And Execute Change Orders To The Construction Contract Up To Twenty-Five (25%) Of The Original Contract Award Amount; And (3) Adopting Appropriate California Environmental Quality Act Findings
EXECUTIVE SUMMARY
Approval of this resolution will authorize the City Administrator to execute a construction contract in the amount of $5,055,898.00 with McGuire and Hester, the lowest responsible and responsive bidder, for the East 12th Street Bikeway Project (Project) to construct transportation safety improvements on East 12th Street between 35th Avenue and 54th Avenue, and on 35th Avenue between Oscar Grant III Way and East 12th Street. Additionally, approval of this resolution will authorize the City Administrator to execute any amendments or modifications of the construction contract within the limitations of the project specifications, including change orders to the construction contract up to 25% of the original contract award amount. The contract complies with the City’s Local and Small Local Business Enterprise (L/SLBE) Program requirements.
The Project is funded through a combination of Alameda County Transportation Commission (ACTC) grant funds and local matching funds. Project improvements include protected bike lanes, upgraded existing bike lane striping, ADA curb ramps, bike wayfinding signage, traffic signal improvements, and traffic calming measures such as traffic circles and speed bumps.
Compared to Oakland’s population, this area has a higher proportion of residents who are Hispanic or Latino and households with low income. The Project will address disparities by improving the safety of all road users, improving air quality and related health outcomes, and expanding accessibility and mobility options for all Oaklanders, especially people without vehicles or people living with a disability.
Elizabeth Lake (Sep 30, 2026 17:32:54 PDT) Sep 30, 2026 Elizabeth Lake, Interim City Administrator
Subject: East 12th Street Bikeway Construction Contract Award Date: September 21, 2026 Page 2
Public Works and Transportation Committee
October 13, 2026
Furthermore, approval of the resolution will authorize the City Administrator to adopt appropriate California Environmental Quality Act (CEQA) findings.
BACKGROUND / LEGISLATIVE HISTORY
This Project was developed in 2016 as a critical bike gap closure for the Alameda Contra Costa Transit District (AC Transit) Bus Rapid Transit (BRT) Project. The 1-mile bike gap closure will direct cyclists off International Boulevard to East 12th Street and provide a direct connection to Fruitvale BART Station. Additionally, this Project helps close a gap in ACTC’s East Bay Greenway project by providing an on-street bikeway between 35th Ave and 54th Ave. Council has taken numerous legislative actions in recent years to advance safety and access improvements along East 12th Street, including:
On December 4, 2007, City Council adopted a resolution that specifically names East 12th Street as a citywide priority for reconfiguring travel lanes to improve conditions for bicyclists, as part of a comprehensive revision to the Bicycle Master Plan (Resolution No. 80959 C.M.S.).
On September 19, 2017, City Council directed Oakland Department of Transportation (OakDOT) staff to accept and appropriate grants from the Alameda County Transportation Commission (ACTC) to advance 11 projects, including the East 12th Street Bikeway project (Resolution No. 86894 C.M.S.)
On July 9, 2019, City Council unanimously adopted the Let’s Bike Oakland Bike Plan (Resolution No. 87808 C.M.S.) which again identified East 12th Street between 35th Avenue and 54th Avenue as a priority corridor for upgraded bicycle facilities.
On November 11, 2021, City Council directed OakDOT staff to accept and appropriate grants from ACTC to advance 8 projects, including the East 12th Street Bikeway project (Resolution No. 88882 C.M.S.).
On May 2, 2023, City Council approved concept plans for the East Bay Greenway, which included the East 12th Street Bikeway project as a key segment linking the East Bay Greenway from Fruitvale BART to San Leandro Street (Resolution No. 89702 C.M.S.).
On December 17, 2024, City Council passed an ordinance amending Oakland’s Local and Small Local Business Enterprise (L/SLBE) Program, establishing contracting requirements for capital projects, including this Project (Ordinance No. 13825 C.M.S.).
Award of the construction contract for this Project is consistent with the L/SLBE Program.
In July 2025, City Council entered into the Curran Consent Decree pertaining to pedestrian right-of-way compliance with the Americans with Disabilities Act (ADA) (Resolution No. 90805, C.M.S.), committing the City to install or upgrade curb ramps and sidewalks to meet federal and state accessibility standards by 2050. This project advances that commitment along the East 12th Street corridor.
Elizabeth Lake, Interim City Administrator
Subject: East 12th Street Bikeway Construction Contract Award Date: September 21, 2026 Page 3
Public Works and Transportation Committee
October 13, 2026
ANALYSIS AND POLICY ALTERNATIVES
On July 2, 2026, the Office of the City Clerk received construction bids from four (4) firms:
Ghilotti Bros., Inc., McGuire and Hester, Redgwick Construction Co., and Mar Con Builders. Mar Con Builders’ bid contained errors and was subsequently withdrawn. The remaining three bidders are shown in Table 1 below.
Table 1: Project Bids Received
BIDDER BASE BID EARNED BID
DISCOUNT
BASE BID
INCLUDING
DISCOUNTS
Ghilotti Bros., Inc. $4,734,250.00 0% $4,734,250.00
McGuire and Hester $5,055,898.00 5% $4,803,103.10
Redgwick Construction $5,235,509.00 4% $5,026,088.64
The Project is required to comply with the City’s Local and Small Local Business Enterprise (L/SLBE) requirements. The L/SLBE participation requirement for this project was set at 33% (16.5% LBE and 16.5% SLBE). Bids were reviewed by the Department of Workplace and Employment Standards (DWES), and two (2) bids submitted were found to be responsive to the L/SLBE requirement. Ghilotti Bros., Inc.’s bid did not meet L/SLBE requirements and could not be considered for contract award. The L/SLBE Program requirements are designed to ensure that local and small businesses have meaningful access to contracting opportunities generated by this Project. Additional information about earned bid discounts can be found in the Project’s Compliance Analysis Memorandum (Attachment A).
Staff recommend award of the construction contract to McGuire and Hester as the lowest responsive and responsible bidder after application of earned bid discounts. McGuire and Hester submitted a bid of $5,055,898, which is 25% above the Engineer’s Estimate of $4,038,721.
All grant funding secured for the project must be liquidated by December 31, 2028. The funding agreement with ACTC has been extended three times to date, and a fourth extension is unlikely.
Approval of this resolution now will allow the Project to maintain its delivery schedule for project completion by end of 2028. Delaying this approval will put the Project at risk of not meeting grant requirements and of losing $1,177,280 in grant funds for the construction of the Project.
RELATED PLANNING EFFORTS
Let’s Bike Oakland Bike Plan
In 2007 and reaffirmed in 2012, East 12th Street and 54th Avenue were categorized as High Priority for upgraded bicycle facilities. In 2019, City Council unanimously adopted the Let’s Bike Oakland Bike Plan (Resolution No. 87808 C.M.S.), which identified East 12th Street between 35th Avenue and 54th Avenue as a priority corridor for upgraded bicycle facilities. This Project delivers on that recommendation by constructing bicycle and pedestrian improvements.
Equitable Climate Action Plan (ECAP)
This Project supports the ECAP (Resolution No. 88267 C.M.S.) transportation and land use policies and actions (TLU-6) by constructing upgraded bicycle facilities and traffic calming Elizabeth Lake, Interim City Administrator
Subject: East 12th Street Bikeway Construction Contract Award Date: September 21, 2026 Page 4
Public Works and Transportation Committee
October 13, 2026
measures that improve access to high frequency transit (BART and BRT), reduce automobile dependence, and encourage low-carbon transportation modes.
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2025-2027 Biennial Adopted Budget for the East 12th St Bikeway construction contract award. The Project will be funded through a combination of regional grant funding and local matching funds, via Measure U bond and gas tax funds. As detailed in the Background/Legislative History section above, City Council authorized acceptance and appropriation of the regional funds shown in Table 2 below. These funds will be appropriated in Project 1003980, Funds 2214, 5346, and 2232. As this is a construction capital project, the costs are one-time in nature and will span FY 26-27 and FY 27-28.
Table 2: Project Funding Sources
Fund Source Amount
2214 ACTC Reimbursable Grants $1,177,280
5346 Measure U $3,800,000
2232 Gas Tax $78,618
Total Project: $5,055,898
Additionally, Section 3-2.1 of the 2015 Greenbook, and as amended by the Project’s Special Provisions, authorizes the City Administrator to approve and execute change orders up to 25% of the original contract award amount, without requiring additional approval by the City Council.
Contract change orders cover costs due to changes to the plans, specifications, character of the work, or work quantity, unanticipated under the original contract scope. At such time contract change orders are issued, OakDOT shall cover these change order costs via future bond sales and/or available Measure BB funds.
PUBLIC OUTREACH / INTEREST
Public outreach and engagement was conducted between Fall 2019 and Spring 2021 to ensure that the Project met the needs of the surrounding neighborhoods. During this phase mailers were sent to all addresses within a 0.25-mile radius of the project. Staff conducted door-to-door canvassing as well as pop-up engagement events at the Fruitvale BART station. In addition, staff presented the Project to residents at existing community meetings and Neighborhood Services Council meetings. Residents and business owners provided feedback on the design resulting in refined designs.
Public outreach is part of OakDOT’s Capital Contract Equity Initiative. For this solicitation, OakDOT worked with Oakland Public Works (OPW) Capital Contracts Division and the Department of Workplace and Employment Standards (DWES) to perform public outreach, through legal ads, enhanced notifications, and pre-bid meetings.
On February 20, 2026, staff provided notice to labor representatives, per the terms and conditions of the current Memorandums of Understanding with the International Federation of Professional and Technical Engineers (IFPTE) Local 21, Service Employees International Union Elizabeth Lake, Interim City Administrator
Subject: East 12th Street Bikeway Construction Contract Award Date: September 21, 2026 Page 5
Public Works and Transportation Committee
October 13, 2026
(SEIU) Local 1021, and International Brotherhood of Electrical Workers (IBEW) Local 1245 prior to the formal issuance of the Request for Bid.
Notifications of solicitation were distributed by several means. The first was the City’s iSupplier system, which was utilized to notify Oakland-certified local and non-local professional service providers (e.g., landscape architects, architects, engineers, contractors, and planning firms); regional trade and business groups, including the Oakland Metropolitan Chamber of Commerce, Oakland Black Board of Trade and Commerce, Bay Area Business Roundtable, and Construction Bidboard. Within a few days of registering in iSupplier, companies can access and review proposal requests in iSupplier, including by searching for specific projects based on North American Industry Classification System (NAICS) codes.
The legal notice for this solicitation was advertised on May 29, 2026, in the East Bay Times and the Oakland Post. In addition, information about the project was published in El Mundo, Daily Pacific Builder, World Journal, and the Korea Times to supplement and target L/SLBE companies.
Finally, OPW Capital Contracts Division held a pre-bid meeting in partnership with DWES and the Project Manager on June 16, 2026, with six (6) people in attendance virtually. The meeting’s purpose was to inform attendees about the Project, discuss compliance requirements, and provide an opportunity for contractors and sub-contractors to network and partner on the proposed work.
Prior to construction, Department of Transportation staff will re-engage with the residents and businesses in neighborhoods along the project corridor to inform them of the forthcoming project improvements, construction timeline and any construction impacts. Additionally, staff will send mailers to residents within 0.25 miles of the project alerting them to the upcoming construction.
Prior to beginning construction, the contractor will distribute door hangers with information on construction impacts to residents in the area.
COORDINATION
Staff worked with the Office of the City Attorney, the Budget Bureau, Oakland Public Works, and Department of Workplace and Employment Standards on the contractor procurement for this project and preparation of this report and legislation.
PAST PERFORMANCE, EVALUATION AND FOLLOW-UP Past projects, including Lakeside Green Streets and On-Call Citywide Pavement Rehabilitation, completed by McGuire and Hester for the City, were deemed satisfactory by staff per the Contractor Performance Evaluations (Attachment B).
Elizabeth Lake, Interim City Administrator
Subject: East 12th Street Bikeway Construction Contract Award Date: September 21, 2026 Page 6
Public Works and Transportation Committee
October 13, 2026
RACE AND EQUITY
This Project area is defined by two census tracts that contain the entire project corridor. This area has about 8,300 residents. Compared to Oakland’s population, this area has a higher proportion of residents who are Hispanic or Latino and households with low income. About 18% of households in the Project area make less than $25,000 per year. In addition, 13% of Project area households do not have access to a personal vehicle. The Project will address disparities by improving the safety of all road users and expanding accessibility and mobility options for all Oaklanders, especially people without vehicles or people living with a disability.
The Project is in an MTC-defined Community of Concern (COC) and an Air District Community Air Risk Evaluation (CARE) Area. The project will benefit the community by improving bicyclist access to transit – both to BART and to the AC Transit lines that serve Fruitvale BART. By improving transit access for the transit-dependent populations in the Fruitvale and Melrose neighborhoods, the project enhances access to jobs and services for those living beyond walking distance of the Fruitvale BART station or BRT stations.
Staff did not complete a formal Racial Equity Impact Analysis on the recommended action; going forward, the following data will be tracked in order to measure the short and long-term impacts of this planning action: mode of transportation to commute to work, household vehicle access, traffic collision victim age, traffic collision victim race and ethnicity, high injury network, barriers to biking, transit ridership and reliability, diesel particulate matter, and nitrogen dioxide exposure.
In addition, the Project follows all applicable City contracting requirements that aim to provide the City’s residents and businesses with equitable access to the economic opportunities created by its contracts. The City’s contracting policies aim to use the power of the public purse to stimulate economic development through the support and empowerment of the local community, especially those that have been placed at a disadvantage in the past.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
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, Highways and Streets), 15302 (Replacement or Reconstruction), 15303 (Small Structures), 15304(h) (minor alterations to land), and/or 15061(b)(3) (No Significant Effect on the Environment). Each of the above exemptions provides a separate and independent basis for CEQA compliance.
Elizabeth Lake, Interim City Administrator
Subject: East 12th Street Bikeway Construction Contract Award Date: September 21, 2026 Page 7
Public Works and Transportation Committee
October 13, 2026
ACTION REQUESTED OF THE CITY COUNCIL
Resolution (1) Authorizing The City Administrator To Award A Construction Contract To McGuire And Hester For The East 12th Street Bikeway Project Number 1003980, The Lowest Responsible And Responsive Bidder In Accordance With Project Plans, Specifications, State Requirements, And With Contractor’s Bid In The Amount Of Five Million Fifty-Five Thousand Eight Hundred Ninety-Eight Dollars ($5,055,898.00); (2) Authorizing The City Administrator To Approve And Execute Change Orders To The Construction Contract Up To Twenty-Five (25%) Of The Original Contract Award Amount; And (3) Adopting Appropriate California Environmental Quality Act Findings
For questions regarding this report, please contact Suty Komsonkeo, Major Projects Supervising Civil Engineer at [email protected]. Respectfully submitted, Josh Rowan
Director, Department of Transportation
Reviewed by:
Emily Ehlers, Interim Assistant Director
Audrey Harris, Supervising Transportation
Planner
Suty Komsonkeo, Supervising Civil Engineer
Prepared by:
Chase Fowler, Civil Engineer
Major Projects Division
Attachments (2):
Attachment A: Project’s Compliance Analysis Memorandum
Attachment B: Contractor Performance Evaluations