Cities Index.
Resolution

San Jose City Council
February 8, 2022

Document
Resolution
Meeting
February 8, 2022
Body
San Jose City Council
Original file
114 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

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

← All documents from this meeting