NVF:DEY:JMD
4/17/2025
T-49610 / 2200633_2 1
Council Agenda: 04-29-2025
Item No.: 5.1
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO: (A) AWARD AND EXECUTE A CONTRACT
FOR THE CONSTRUCTION OF 9812 - BETTER BIKEWAY
SAN JOS E - SAN FERNANDO CORRIDOR – RE-BID
PROJECT TO THE LOWEST RESPONSIVE,
RESPONSIBLE BIDDER IN THE AMOUNT NOT TO
EXCEED $9,900,000; (B) DECIDE ANY TIMELY BID
PROTEST(S) AND MAKE THE CITY’S FINAL
DETERMINATION AS TO THE LOWEST RESPONSIVE
BIDDER THAT IS RESPONSIBLE AS NEEDED TO AWARD
THE CONTRACT; AND (C) APPROVE A CONTINGENCY
OF UP TO 10% OF THE CONTRACT AMOUNT
WHEREAS, the 9812 – Better Bikeway San José – San Fernando Corridor – Re-Bid Project (Project) is funded by the Metropolitan Transportation Commission’s Active Transportation Program; and
WHEREAS, the Project, located along San Fernando Street, from Market Street to 11th Street, was awarded $9,992,000 for the environmental, design, and construction of various civil, landscape, irrigation, and traffic signal improvements; and
WHEREAS, the Project was originally advertised for bid in December 2024, which included the City’s Project Labor Agreement; seven bids were received with a bid variance between +1% and +19% above the Engineer’s Estimate; and
WHEREAS, because the City had not yet received written approval from the federal granting agency to apply the City’s Project Labor Agreement to the project, and had received three written protests, the Director of Public Works rejected all bids, and intends to re-bid when the approval is received to apply the Project Labor Agreement to the project; and
NVF:DEY:JMD
4/17/2025
T-49610 / 2200633_2 2
Council Agenda: 04-29-2025
Item No.: 5.1
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, authorizing the Director of Public Works to award and execute the contract, reduces the Project schedule by approximately six weeks, facilitating an earlier construction start, and allowing the work to occur during summer break for San José State University, thereby minimizing the impacts to faculty and students by starting construction while the University has limited attendance; and
WHEREAS, construction is anticipated to start in late summer to early fall 2025, with completion expected in December 2026;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
The Director of Public Works is hereby authorized to:
A. Award and execute a contract for the construction of 9812 - Better Bikeway San José - San Fernando Corridor – Re-Bid Project to the lowest responsive, responsible bidder in the amount not to exceed $9,900,000;
B. Decide any timely bid protest(s) and make the City’s final determination as to the lowest responsive bidder that is responsible as needed to award the contract; and
C. Approve a contingency of up to 10% of the contract amount.
NVF:DEY:JMD
4/17/2025
T-49610 / 2200633_2 3
Council Agenda: 04-29-2025
Item No.: 5.1
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk