NVF:JAC:CAG
2/8/22
T-41939 \ 1890399.docx 1
Council Agenda: 2-8-2022
Item No.: 3.6(b)
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 DELEGATING AUTHORITY TO THE
DIRECTOR OF PUBLIC WORKS TO (1) AWARD AND
EXECUTE A CONTRACT FOR THE CONSTRUCTION OF
THE 9821 – GUADALUPE GARDENS FENCING PROJECT,
TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER
IN AN AMOUNT NOT TO EXCEED $1,500,000 , SUBJECT
TO CERTAIN CONDITIONS; (2) 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 (3) ESTABLISH A
CONSTRUCTION CONTINGENCY OF UP TO 10 PERCENT
(10%) OF THE AMOUNT OF T HE CONSTRUCTION
CONTRACT FOR THE PROJECT
WHEREAS, the City of San José (“City”) owns and operates the Norman Y. Mineta San José International Airport (“Airport”); and
WHEREAS, the Guadalupe Gardens is an approximately 40 -acre parcel located on federally regulated land just south of the Airport in an approach zone, and must be kept clear of inhabitants; and
WHEREAS, the Guadalupe Gardens area is currently inhabited with illegal camping and is experiencing serious and continuing criminal activity and illegal dumping; and
WHEREAS, to address these challenges, City developed a Guadalupe Gar dens Corrective Action Plan (“CAP”), which the Federal Aviation Administration approved on August 4, 2021; and
WHEREAS, among other things, the Guadalupe Garden s CAP contemplates the construction of a fence around the Guadalupe Gardens to prevent re-inhabitation; and
NVF:JAC:CAG
2/8/22
T-41939 \ 1890399.docx 2
Council Agenda: 2-8-2022
Item No.: 3.6(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, bids were received on January 20, 2022 for the 9821 – Guadalupe Gardens Fencing Project (“Project”) and Staff is currently in the bid evaluation period; and
WHEREAS, City desires to delegate authority to the Director of Public Works to (1) award and execute a contract for the construction of the P roject, to the lowest responsive, responsible bidder in an amount not to exceed $1,500,000, subject to certain conditions; (2) d ecide any timely bid protest(s) and make the City’s final determination as to the lowest responsive bidder that is responsible a s needed to award the contract; and (3) establish a construction contingency of up to 10 percent (10%) of the amount of the construction contract for the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
The Director of Public Works is hereby authorized to:
1. Award and execute a contract for the construction of the 9821 – Guadalupe Gardens Fencing Project, to the lowest responsive, responsible bidder in an amount not to exceed $1,500,000; except that:
(i) In the event that not all of the $1,500,000 is utilized, reallocate any remaining funding for protecting the land and other mitigation solutions to secure the space; and
2. 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
3. Establish a construction contingency of up to 10 percent (10%) of the amount of the construction contract for the Project.
NVF:JAC:CAG
2/8/22
T-41939 \ 1890399.docx 3
Council Agenda: 2-8-2022
Item No.: 3.6(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk