The County of Santa Clara

Construction Document

Consider recommendations relating to the Capitol Expressway ITS Infrastructure and Sidewalks Project.


Department:Roads and Airports DepartmentSponsors:
Category:Construction Contracts

Multiple Recommendations

Possible action:
a. Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Capitol Expressway ITS Infrastructure and Sidewalks Project (Project No. CML-5937 (196)), and direct the Clerk of the Board to open bids on Thursday, February 15, 2018, at 2:00 p.m., in the Office of the Clerk of the Board of Supervisors.
b. Approve Third Amendment to Agreement with Kimley-Horn and Associates relating to providing professional engineering services for Capitol Expressway ITS Infrastructure and Sidewalk Project, Federal No. CML-5937(196), increasing the maximum contract amount by $100,439 from $1,150,495 to $1,250,934, with no change to the term of the Agreement, that has been reviewed and approved by County Counsel as to form and legality.
c. Approve Request for Appropriation Modification No. 104 - $4,791,057 increasing revenue and expenditures in the Roads and Airports Department budget. (4/5 Roll Call Vote)



There is no impact to the County General Fund. The Department has received additional federal Congestion Mitigation and Air Quality Improvement (CMAQ) and Surface Transportation Program (STP) grants for the project. The Appropriation Modification (F-85) budgets the grant funding in Road Fund account #603-62894-0020, Level of Service Improvement Program.

It is the Department’s practice to disclose the Engineer’s Estimate of construction costs at the time of bid opening.


Below is a summary of the history of the subject professional services agreement.


Agreement Type


Effective Date



Professional Services

August 26, 2014


First Amendment

Time Extension

June 29, 2015

No Cost

Second Amendment

Time Extension

December 21, 2016

No Cost

Third Amendment

Redesign for savings

Subject to this action




The project will install Intelligent Transportation System (ITS) infrastructure to support implementation of a state-of-the-art traffic operations and management system on Capitol Expressway between Narvaez Avenue and HWY 101. This includes the installation of new traffic controller cabinets, traffic cameras, stop bar detection, and fiber optic communications. It will also provide pedestrian and bicycle improvements, including constructing approximately 6,000 linear feet of sidewalk, Americans with Disabilities Act (ADA) compliant ramps, squaring off corners at one intersection, installing pedestrian sensors and bicycle detection at several intersections, and implementing bicycle and pedestrian adaptive signal timing.

The project has been determined to be a Categorical Exclusion under the National Environmental Policy Act (NEPA) and a Categorical Exemption under the California Environmental Quality Act (CEQA).

A Disadvantaged Business Enterprise goal of 4.0% has been set in accordance with federal requirements.

The project is estimated to have a construction cost exceeding $2 million. Consistent with the Project Labor Agreement (PLA) policy adopted by the Board on April 26, 2016, this project will be subject to the Santa Clara County PLA approved by the Board on January 24, 2017. An “Agreement to be Bound” by the Santa Clara County PLA, including future amendments, is included as a contract bid form.

The Contract Documents are on file with the Clerk of the Board of Supervisors for viewing. The Roads and Airports Department may make minor modifications to the plans and specifications prior to advertisement for bids. If this occurs, the Project Engineer will provide the complete and final version of the Contract Documents to the Clerk of the Board to be retained as the official public record.

On August 29, 2017 bids were presented to the Board of Supervisors with a recommendation to reject all bids due to the high cost and redesign the project to better match the grant amount.  The Board rejected bids and approved the redesign strategy.  As a result of the redesign effort, additional design costs were incurred by the design consultant and are recommended to be approved in the third amendment to the professional services agreement. 

In addition, the Board directed staff to ensure that the redesigned Capitol Expressway ITS Infrastructure and Sidewalk Project would be consistent with the goals of the Valley Transportation Authority (VTA) and City of San Jose with regard to the future Capitol Expressway Light Rail Project. The Department is collaborating with VTA and City of San Jose on the upcoming Light Rail Project. The redesign of the Capitol Expressway ITS Infrastructure and Sidewalks Project has reduced the limits of the project to between SR-87 and US-101. The redesigned limits are outside of the limits of the Capitol Expressway Light Rail Project and is consistent with the goals of the VTA and City of San Jose with regards to the Light Rail Project.


The recommended action will have a positive impact on children and youth through the Healthy Lifestyle and Safe & Stable Families indicators by improving pedestrian and bicycle safety at several intersections on Capitol Expressway.


The recommended action will result in operational improvements and safety enhancements for all members of the traveling public, including seniors.


The recommended action will have no/neutral sustainability implications.


This project was originally advertised on June 6, 2017, however, all bids received were well over the engineer’s estimate and reasonable bid amount. On August 29, 2017, all bids were rejected and the County immediately began re-packaging the project with reduced project limits.


The contract documents will not be adopted, the Amendment with Kimley-Horn will not be executed, the additional project funding will not be budgeted, and the project will not proceed.


The Clerk of the Board shall take the following actions:

1.     Publish advertisement of the project in a local newspaper. The cost to obtain contract documents for the project is $150.00 per set, and may be purchased at the Plan Counter at 101 Skyport Drive, San Jose, CA 95110.

2.     Set the bid opening date for Thursday, February 15, 2018.

3.     Send notification of completed processing to:
Jamil Salas and David Parks, Roads and Airports Department – Infrastructure Development Division.


Meeting History

Jan 9, 2018 9:30 AM Video Board of Supervisors Regular Meeting
MOVER:Cindy Chavez, Vice President
SECONDER:Mike Wasserman, Supervisor
AYES:Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian