Milpitas City Council
November 14, 2023

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3. Failure of Contractor to make proper payments to his subcontractor or for material or labor.

4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.

5. Damage to another contractor or a third party.

6. Amounts which may be due the City for claims against Contractor.

7. Failure of Contractor to keep the record (“as-built”) drawings up to date.

8. Failure to provide update on construction schedule as required herein.

9. Site cleanup.

10. Failure to comply with Contract Documents.

11. Liquidated damages.

12. Legally permitted penalties.

D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (B)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law.

In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.

E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 calendar days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement.

F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City.

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ARTICLE 41 SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

ARTICLE 42 CHANGES AND EXTRA WORK.

A.Contract Change Orders.

1. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.

2. Contractor shall promptly execute changes in the Work as directed in writing by the City even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation shall be presented in writing. No claim will be considered after the Work in question has been completed unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor.

3. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract.

4. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.

5. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the work, including Additional Work, promptly and expeditiously.

6. Contractor shall make available to the City any of the Contractor’s documents related to the Project immediately upon request of the City, as set forth in Article 52.

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7. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

B.Contract Price Change.

1. Process for Determining Adjustments in Contract Price. a. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Price or Contract Time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City, unless the City requests that proposals be submitted in less than seven (7) Days. b. Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
c. Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. d. Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City, including but not limited to estimates and quotations from subcontractors or material suppliers, as the City may reasonably request. Contractor shall certify the accuracy of all Change Order Requests under penalty of perjury.
e. If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the Work immediately on a time and materials basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the City’s estimate. If the change is issued based on the City's estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.

2. Unit Price Change Orders.
a. When the actual quantity of a Unit Price item is found to vary from the Bid Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price. This calculation may result in either an additive or deductive Final Change Order pursuant to the Contract Documents. Contractor shall immediately inform the Engineer when the actual quanities vary from estimated quantities.

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b. No Mark up for Overhead and Profit. Because the Contract Unit Prices provided in the Bid Form include Overhead and Profit as determined by Contractor at the time of Bid submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders.
c. Bid items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs.
d. Contractor acknowledges that unit quantities are estimates and agrees that the estimated unit quantities listed on the Bid Form will be adjusted to reflect the actual unit quantities which may result in an adjustment to the Contract Unit Prices. Such an adjustment will be made by execution of a final additive or deductive Change Order following Contractor’s completion of the Work. Upon notification, Contractor’s failure to respond within seven (7) Days will result in City’s issuance of a unit quantity adjustment to the Contract Unit Prices and/or Contract Time in accordance with the Contract Documents.

3. Lump Sum Change Orders. Compensation for Lump Sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work, and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such new
classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery.

Materials costs shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion.
c. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the Overhead and Profit mark-ups established below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates

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prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed.

4. Time and Materials Change Orders.
a. General. The term Time and Materials means the sum of all costs reasonably and necessarily incurred and paid by Contractor for labor, materials, and equipment in the proper performance of Additional Work. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items.
b. Timely and Final Documentation.
i. T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s Representative for an approval signature each day Additional Work is performed.

Failure to get the City’s Representative’s approval signature each Day shall result in a waiver of Contractor’s right to claim these costs. The City’s Representative’s signature on time sheets only serves as verification that the Work was performed and is not indicative of City’s agreement to
Contractor’s entitlement to the cost.
ii. T&M Daily Summary Sheets. All documentation of incurred costs (“T&M Daily Summary Sheets”) shall be submitted by Contractor within three (3) Days of incurring the cost for labor, material, equipment, and special services as
Additional Work is performed. Contractor’s actual costs shall be presented in a summary table in an electronic
spreadsheet file by labor, material, equipment, and special services. Each T&M Daily Summary Sheet shall include
Contractor’s actual costs incurred for the Additional Work performed that day and a cumulative total of Contractor’s actual costs incurred for the Additional Work. Contractor’s failure to provide a T&M Daily Summary Sheet showing a
total cost summary within three (3) Days but within five (5) Days of performance of the Work will result in the
Contractor’s otherwise allowable overhead and profit being reduced by 50% for that portion of Additional Work which was not documented in a timely manner. Contractor’s
failure to submit the T&M Daily Summary Sheet within five (5) Days of performance of the Work will result in a total waiver of Contractor’s right to claim these costs.
iii. T&M Total Cost Summary Sheet. Contractor shall submit a T&M Total Cost Summary Sheet, which shall include total actual costs, within seven (7) Days following completion of City approved Additional Work. Contractor’s total actual

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cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Contractor’s failure to submit the T&M Total Cost Summary Sheet within seven (7) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the T&M
Summary Sheets or the performance of the Additional Work. c. Labor. The Contractor will be paid the cost of labor for the workers used in the actual and direct performance of the Work. The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes) substantiated by timesheets and certified payroll for wages prevailing for each craft or type of workers performing the Additional Work at the time the Additional Work is done, and the labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract.

The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages.
i. Equipment Operator Exception. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental.
ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the superintendent, project manager, and other labor identified in the Contract Documents will be considered Overhead.
d. Materials. The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Project site in the quantities involved, plus the cost of sales tax, freight, delivery, and storage. i. Trade discounts available to the purchaser shall be credited to the City notwithstanding the fact that such discounts may not have been taken by Contractor.
ii. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the City’s Representative.
iii. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the

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purchaser for similar materials from said sources on
Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower.
iv. If, in the opinion of the City’s Representative, the cost of materials is excessive, or Contractor does not furnish
satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the Project site less trade discounts.
v. The City reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by
Contractor for costs of such materials or Indirect Costs or profit on City furnished materials.
e. Equipment.
i. Rental Time. The rental time to be paid for equipment on the Project site shall be the time the equipment is in
productive operation on the Additional Work being
performed and, in addition, shall include the time required to move the equipment to the location of the Additional Work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except that moving time will not be paid if the equipment is used on other than the Additional Work, even though located at the site of the Additional Work. (a) Rental Time Not Allowed. Rental time will not be
allowed while equipment is inoperative due to
breakdowns.
(b) Computation Method. The following shall be used in computing the rental time of equipment on the
Project site.
(i) When hourly rates are paid, any part of an
hour less than 30 minutes of operation shall
be considered to be 1/2-hour of operation,
and any part of an hour in excess of 30
minutes will be considered one hour of
operation.
(ii) When daily rates are paid, any part of a day
less than 4 hours operation shall be
considered to be 1/2-day of operation, and
any part of an hour in excess of 4 hours will
be considered one day of operation.

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ii. Rental Rates. Contractor will be paid for the use of equipment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Contract was executed. Such rental rates will be used to compute payments for equipment whether the equipment is under Contractor’s control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting in the least total cost to the City for the total period of use. If it is deemed necessary by Contractor to use equipment not listed in the publication, an equitable rental rate for the equipment will be established by the City’s Representative. Contractor may furnish cost data which might assist the City’s Representative in the establishment of the rental rate.
iii. Contractor-Owned Equipment.
(a) For Contractor-owned equipment, the allowed
equipment rental rate will be limited to the monthly
equipment rental rate using a utilization rate of 173
hours per month.
(b) For Contractor-owned equipment, the rental time to
be paid for equipment on the Site shall be the time
the equipment is in productive operation, unless, in
the instance of standby time, the equipment could be
actively used by Contractor on another project, then
City shall pay for the entirety of the time the
equipment is on Site. It shall be Contractor’s burden
to demonstrate to the City that the equipment could
be actively used on another project.
(i) All equipment shall, in the opinion of the
City’s Representative, be in good working
condition and suitable for the purpose for
which the equipment is to be used.
(ii) Before construction equipment is used on
the Additional Work, Contractor shall plainly
stencil or stamp an identifying number
thereon at a conspicuous location, and shall
furnish to the City’s Representative, in
duplicate, a description of the equipment and
its identifying number and the scheduled
Additional Work activities planned.

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(iii) Unless otherwise specified, manufacturer’s
rating and manufacturer approved
modifications shall be used to classify
equipment for the determination of
applicable rental rates. Equipment which
has no direct power unit shall be powered by
a unit of at least the minimum rating
recommended by the manufacturer.
f. Special Services. Special work or services are defined as that Additional Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. i. Invoices for Special Services. When the City’s
Representative and Contractor determine that a special
service is required which cannot be performed by the forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the City’s Representative.
ii. Discount and Allowance. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices for Special Services.
iii. When the City determines, in its sole discretion, that competitive bidding is necessary for certain special
services, Contractor shall solicit competitive bids for those special services.
g. Excluded Costs. The term Time and Material shall not include any of the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor’s allowance for Overhead and Profit.
i. Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general
managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by
Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Additional Work;

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ii. Office Expenses. Expenses of Contractor’s principal and branch offices;
iii. Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Additional Work and charges against
Contractor for delinquent payments;
iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the
correction of Defective Work, disposal of materials or
equipment wrongly supplied, and making good any damage
to property;
v. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents;
vi. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
vii. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; viii. Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention; ix. Home Office Overhead. Costs derived from the
computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods;
x. Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. h. Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials, and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and
subcontractors at cost only, without mark-up. Contractor

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shall provide City with documentation of the costs, including, but not limited to, payroll records, invoices, and such other information as City may reasonably request.
ii. For Work performed by the Contractor’s forces, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
v. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five
percent (25%) of the Net Cost as defined herein, of the party that performs the Work.

5. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings, field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary On-Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related Warranties; insurance and bond premiums.

6. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors

7. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier.

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8. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price.

The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.

9. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.

10. If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a Change Order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral Change Order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order, and providing such supporting documentation for its position as the City may require.

C.Change of Contract Times.

1. The Contract Times may only be changed by a Change Order.

2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days.

Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order.

3. Notice of the amount of the request for adjustment in the Contract Times with supporting data shall be delivered within seven (7) Days after such start of occurrence, unless City’s Representative allows an additional period of time to ascertain more accurate data in support of the request.

No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed.

4. City may elect, at City’s sole discretion, to grant an extension in Contract Times, without Contractor’s request, because of delays or other factors.

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5. Use of Float and Critical Path.
a. Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. b. Contractor shall not be entitled to compensation, and City will not compensate Contractor, for delays which impact early completion.

Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float.

6. Contractor’s entitlement to an extension of the Contract Times is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time. If approved, the increase in time required to complete the Work shall be added to the Contract Time.
a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract Times for delays within the control of Contractor.

Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.
b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts or failures to act of utility owners not under the control of City, or other causes not the fault of and beyond control of City and Contractor, then Contractor shall be entitled to an time extension when the Work stopped is on the critical path. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. Contractor must submit a timely request in accordance with the requirements of this Article.
c. Utility-Related Delays.
i. Contractor shall immediately notify in writing the utility owner and City’s Representative of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with this Article.
ii. Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey.

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7. Content for Requests for Contract Extension. Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include:
a. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects.
b. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the Contemporaneous Impacted As-Planned Schedule Analysis to calculate the impact of the delay event.

8. No Damages for Reasonable Delay.
a. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.
b. City and City’s Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

9. Contractor’s failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Times. Such failure, neglect, or refusal prejudices City’s and City’s Representative’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such extensions may be warranted. Contractor hereby waives all rights to extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article.

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10. Contractors submission of daily construction reports and schedule updates in accordance with these Contract Documents is required for the evaluation of the merits of time extension request. Failure of the Contractor to submit daily construction reports and schedule updates shall constitute a waiver of its right to seek a time extension or additional compensation.

ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT
A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as- builts), and other documents required by the Contract Documents, the City shall execute and file with the County in which the Project is located a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

C. Final Payment.

1. Application for Payment. Upon execution of the Notice of Completion, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied (except as previously delivered) by: all documentation called for in the Contract Documents, including but not limited to a fully completed Conditional Waiver and Release on Final Payment

2. City’s Review of Application and Acceptance. If, on the basis of the City’s observation of the Work during construction and final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the City is satisfied that the Work has been completed and Contractor has satisfied all other requirements for final payment, the City will process the final payment appllication. Otherwise, the City will return the payment application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the application for payment.

3. Payment Becomes Due. Within sixty (60) Days after the presentation to the City of the proper and complete final application for payment and accompanying documentation, the amount recommended by the Engineer, less any sum the City is entitled to set off pursuant to the Contract Documents, will become due and will be paid by the City to Contractor.

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D. Waiver of Claims. The making and acceptance of final payment will constitute a waiver of all Claims by Contractor against the City other than those previously made in accordance with the requirements herein and expressly acknowledged by the City in writing as still unsettled.

ARTICLE 44 OCCUPANCY
The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract.This use shall not relieve the Contractor of its responsibilities under the Contract.

ARTICLE 45 INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against:

A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

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Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES
Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 42, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

A.Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.

B.Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 42 “Changes and Extra Work” has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 42, Changes and Extra Work, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

C.Supporting Documentation. The Contractor shall submit all claims in the following format:

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1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

2. List of documents relating to claim:

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other

3. Chronology of events and correspondence

4. Analysis of claim merit

5. Analysis of claim cost

6. Time Impact Analysis in CPM format
D.City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement.

1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

2. Within 30 Days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

E.Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in

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writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

F.Mediation. Within 10 business Days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

G.Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

H.Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:

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1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

I.Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

J.Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.

ARTICLE 47 CITY’S RIGHT TO TERMINATE CONTRACT
A.Termination for Cause by the City:

1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within

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such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its Surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. In the event that the City serves such written notice of termination upon the Contractor and the Surety, the Surety shall have the right to take over and perform the Contract. If the Surety does not: (1) give the City written notice of Surety's intention to take over and commence performance of the Contract within 15 calendar days of the City's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the City's service of said notice upon Surety; then the City may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor.

3. In the event that the City elects to obtain an alternative performance of the Contract as specified above: (1) the City may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and reasonably necessary for such completion (A special lien to secure the claims of the City in the event of such suspension is hereby created against any property of Contractor taken into the possession of the City under the terms hereof and such lien may be enforced by sale of such property under the direction of the City Council without notice to Contractor.

The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the City against Contractor, the balance will be paid to Contractor or Contractor’s legal representatives.); and (2) Surety shall be liable to the City for any cost or other damage to the City necessitated by the City securing an alternate performance pursuant to this Article.

B.Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest.

2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination.

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3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to
substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”

4. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.

5. In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts:
a. All actual reimbursable costs incurred according to the provisions of this Contract.
b. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of

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the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.
c. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article.

C. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

ARTICLE 48 WARRANTY AND GUARANTEE OF WORK
A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected.

Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for City all warranties that would be given in normal commercial practice and assign to City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that

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such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such Defective Work and for the diminished value of the Work.

2. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by City.

3. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.

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4. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to City.

I. City May Correct Defective Work.

1. If Contractor fails within a reasonable time after written notice from City’s Representative to correct Defective Work, or to remove and replace rejected Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) Days’ written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City and City’s Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable City to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price.

4. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work.

5. If the Change Order is executed after all payments under the Contract have been paid by City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.

6. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to City.

7. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to City correcting Defective work.

J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

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ARTICLE 49 DOCUMENT RETENTION & EXAMINATION
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.

C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

ARTICLE 50 SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.

B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.

ARTICLE 51 NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever

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is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification.

ARTICLE 53 STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 54 INTEGRATION
A.Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

B.Contract Documents Represent Entire Contract.The Contract Documents represent the entire agreement of the City and Contractor.

ARTICLE 55 ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void.

Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

ARTICLE 56 CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.

ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all

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causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.

ARTICLE 58 PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

ARTICLE 59 CONTROLLING LAW
Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

ARTICLE 60 JURISDICTION; VENUE
Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of Santa Clara County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

ARTICLE 61 LAWS AND REGULATIONS
A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom.

B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.

ARTICLE 62 PATENTS
Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this contract.

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ARTICLE 63 OWNERSHIP OF CONTRACT DOCUMENTS
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the Work.

ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

ARTICLE 65 SURVIVAL OF OBLIGATIONS
All reresentations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

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00 73 13 – SPECIAL CONDITIONS

1.1 Engineer of Record.

A For purposes of this Project, the Engineer of Record or Engineer shall be:

Christian Di Renzo, Public Works Director

1.2 Location of the Project.

A The Project is located Milpitas Sports Center, 1325 E. Calaveras Blvd., Milpitas, CA 95035.

1.3 Status of the Project Area and Rights-of-Way.

A City, at its expense, will provide all rights-of-way or permits, or both, covering the crossing of private property and public and private rights-of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority, e.g., Caltrans or Southern Pacific Railroad Company, before Contractor enters upon any property or right-of-way under the jurisdiction of any such controlling authority for the purpose of performing Work.

B City has acquired or is negotiating to acquire any rights-of-way, or both, necessary for the permanent Work.

C If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents.

D Contractor may be required, as a condition for receiving final payment, to obtain, and provide City’s Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work. The damage releases will be on a form provided by City.

E Contractor shall, also, as a condition for receiving final payment, obtain, and provide City’s Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by City.

1.4 Site Data.

A The data provided herein is for the information of Contractor and is subject to all limitations and conditions set forth in the Contract Documents.

B Subsurface Exploration Data. The following data are included in the Project Manual:

1. [Not applicable to this project]

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C Other Site Data. The following data are available for inspection at City’s office:

1. [Not applicable to this project]
Copies of these reports, drawings and other materials may be examined at City’s office during regular business hours.

1.5 Pre-Purchased or Pre-Negotiated Material.

The City will provide the roofing materials and specifications through Tremco. Contractor will be responsible for coordinating with Tremco for the materials. See Exhibit C for material list and specification sheets.

1.6 Designation of City’s Representative.

A Unless otherwise modified by City, City’s Representative shall be Samu Tiumalu, Public Works Manager.

1.7 Project Retention
In accordance with Public Contract Code § 7201, City will withhold 5% of each progress payment as retention on the Project.

1.8 Liquidated Damages Due to Contractor Delay.

A Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, City will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, City shall therefore be entitled to One Hundred Dollars and Zero Cents ($100.00) per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified.

B Liquidated damages may be deducted from progress payments due to Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent City, in case of Contractor's default, from terminating the Contractor.

1.9 Utility Outages – Notices to Residents.

A Should Contractor’s operations require interruption of any utility service, Contractor shall notify City at least ten (10) Days prior to the scheduled outage.

Contractor will notify all impacted residents on a form provided by City at least seven (7) Days prior to the scheduled outage.

B Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage.

1.10 Schedule Constraints.

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A City has considered these Schedule Constraints when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Constraints.

1.11 Safety Programs.
[RESERVED]

1.12 Coordination with Other Contractors.
[RESERVED]

END OF SPECIAL CONDITIONS

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01 00 00 – GENERAL REQUIREMENTS
PART 1 GENERAL

1.1 DESCRIPTION
Contractor shall provide the equipment, tools, and personnel for the rehabilitation of the roof and all necessary HVAC duct work to meet Title 24 requirements at the Milpitas Sports Center (1325 E. Calaveras Blvd)

1.2SPORTS CENTER ROOF REHABILITATION PROJECT

1.3 RELATED REQUIREMENTS SPECIFIED ELSEWHERE
A. Attachement A 24-029 SOW MSC Roof Rehabilitaion
PART 2 [RESERED]
PART 3 EXECUTION

3.1 LAYOUT OF WORK AND QUANTITY SURVEYS
A. General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.

City and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work.

Primary control consists of benchmarks and horizontal control points in the vicinity of the Work.A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary control, and shall advise the City Representative of any discrepancies.

B. Quantity surveys. The Contractor shall perform such surveys and computations as are necessary to determine quantities of Work performed or placed during each progress payment period, and shall perform all surveys necessary for the City Representative to determine final quantities of Work in place.The City Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades.If requested by the City Representative, the Contractor shall provide an electronic copy of data used for quantity computations.

All surveys performed for measurement of final quantities of Work and material shall be subject to approval of City’s Representative. Unless waived by City’s Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of City’s Representative.

C. Surveying

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1. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following:
(a) Right-of-way and alignment of tangents and curves shall be within

0.1 foot.
(b) Structure points shall be set within 0.01 foot, except where operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work.
(c) Cross-section points shall be located within 0.1 foot, horizontally and vertically.
(d) Aerial Mapping shall meet National Mapping Standards for 2- foot contour intervals.

D. Records. Survey data shall be recorded in accordance with recognized professional surveying standards. Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents.

E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys. No additional compensation shall be made to the Contractor for this Work.

3.2 SCHEDULE
A. Estimated Schedule. Within 21 Days after the issuance of the Notice of Award, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.

B. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities.

The schedule shall clearly identify all staffing and other resources which in the

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Contractor’s judgment are needed to complete the Project within the time specified for completion. The overall Project Schedule duration shall be within the Contract time.

C. Weather Allowance. The schedule shall allow adequate time for inclement weather.

D. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer. Contractor shall also submit schedules showing a three week detailed look-ahead at bi-weekly meetings conducted with the City. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

3.3 TEMPORARY FIELD OFFICE
NOT USED.

3.4 PROTECTION OF WORK AND PROPERTY
A. All traffic detector loops, fences, walls, culverts, monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition at no additional cost to City.

Contractor shall be responsible for the cost to repair, replace, relocate, and replacement of utilities whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its expense a Licensed Land Surveyor to restore all property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the City at no expense to the Contractor, provided the City is notified at least 48 hours before the property line monuments are damaged.

B. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

C. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:

1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

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3. Deliver materials to the Project site over a route designated by the Engineer.

4. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.

5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.

6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City.

7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.

8. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.

9. At the completion of work each day, leave the Project site in a clean, safe condition.

10. Comply with any approved stage construction and traffic control plans.

Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the City.

11. Cover and or protect work and project site as may be required to prevent or mitigate schedule delay and to allow work to proceed during wet weather or wet conditions.

D. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore.

E. Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired.

The City shall be entitled to inspect and copy any such documentation, video, or photographs.

3.5 SITE CONDITIONS SURVEYS

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A. Work Included.

Contractor shall conduct thorough pre-construction and post-construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area. The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction.

B. Submittals.

1. Written documentation of site condition survey at pre-construction and post-construction.

2. Photographs as described herein of pre-construction and post-construction conditions.

3. Video recordings as described herein of pre-construction and post- construction conditions.

4. Submittals shall be made within three days of the surveys. All post- construction data shall be submitted prior to the final project inspection.

C. Site Condition Written Documentation.

Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities, fences, and etc. within the work areas.

D. Photographs & Video Recording.

1. General – Prior to starting Work, Contractor shall provide a video recording of the project site. Contract shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construction. Pre-construction video and photographs shall be taken prior to any construction or mobilization of equipment, but not more that one week prior to actual start of work. The pre-construction photographs may be staged at different times to match the progression of the Work.

2. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to: sidewalk cracks, broken curbs, separated property walls, improvements within public right-of-ways, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer. Private property that is adjacent to the public right-of-way shall be documented to the extent visible from the public right-of-way.

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3. Photographs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and other damaged areas being recorded. Scaling shall also be used to document elevation differences, as needed.

4. One set of color prints and the preconstruction site video shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega-pixels. All photos shall be documented as to time and date taken, photographer, project number, location, and orientation. Documentation shall include a brief description of objects photographed.

E. Video Recording.

1. Video recordings shall document the conditions of the entire area affected by construction, as well as nearby structures and facilities. The general documentation requirements for videos are the same as for photographs.

Video recorders shall accurately and continuously record the time and date.

2. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted.

3. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities.

4. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures.

5. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected.

6. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information. Recordings shall be submitted on standard DVDs in a standard format.

F. Timing.

Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor shall provide the Engineer with an opportunity to have a representative present when taking the photos and provide guidance during photographing.

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G. Site Surveyor.

The site condition surveyor(s) shall be experienced in construction and potential damage concerns. The site condition surveyor(s) shall be familiar with the photography and video equipment being used.

H. Field Quality Control.

Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled.

I. Soils Compaction Testing.

1. All soils compaction testing will be done by a licensed geotechnical engineer furnished by the City. Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete.

2. For pipeline construction, soil compaction testing will be done at 100-foot intervals or as ordered by the project soils/geotechnical report at the bottom of the trench prior to placement of pipe bedding; at the top of the pipe bedding above the pipe; every two vertical feet of trench backfill or as otherwise ordered by the project soils/geotechnical report; at the top of the trench backfill, which sould be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction.

3.6 SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS A. General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to City in accordance with Contract Documents.The Contractor shall submit Project Record Drawings, Technical Manual, Spare Parts, and other required items within 5 days following completion of project construction, and prior to Contractors request for Project Acceptance.

B. Technical Manuals.

1. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and understood by City’s operation and maintenance staff.

2. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." The Contractor shall furnish to City four (4) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder.

C. Spare Parts List - The Contractor shall furnish to City six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment.

The spare parts list shall include the current list price of each spare part. The spare

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parts list shall include those spare parts which each manufacturer recommends be maintained by City in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist City in ordering. The Contractor shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder.

D. Record Drawings

1. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings.

Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed.

These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date.

2. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations.

3. Record drawings shall be accessible to City’s Representative at all times during the construction period. The record drawings shall be kept up to date and will be checked by the City prior to each progress payment.

Failure on the Contractor’s part to keep record drawings current could result in withholding partial payment.

4. Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to City’s Representative. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall be included in Contractor’s bid and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work.

3.7 MATERIALS
A. Materials to be Furnished by the Contractor

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1. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by City’s Representative: at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to City’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made.

2. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform City’s Representative, in writing, the date the material is to be manufactured.

3. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents.

Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to City’s inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to accommodate City’s testing efforts, including any travel required by Contractor’s forces, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items related to the materials requiring testing. No additional compensation shall be made to the Contractor for this Work.

3.8 LOCAL CONDITIONS AND REQUIREMENTS
A. Access to Work and Haul Routes

1. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor. Contractors anticipated Haul Routes shall be in compliance with the City's approved Truck Routes available from the Engineer.

2. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations that affect or may affect transportation and ingress or egress at the Site.

3. The Contractor shall maintain and repair any damage arising out of Contractor’s operations to all roads used during construction of the Project, and upon completion of all Work, but prior to final acceptance, the roads shall be restored to their original condition. Prior to using any road for access to the Site, the Contractor shall conduct a photograph and/or video survey of the roadway with a copy submitted to City’s Representative.

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4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

B. Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract.

C. Construction Water.

1. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract.

2. Construction recycled water will be made available to the contractor from one of three fill locations within the city limits. If there is a need for construction recycled water during construction, the contractor shall apply for a city construction recycled water meter at the city hall finance counter prior to the beginning of work. A security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. if the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.

3. Construction potable water will only be made available to the contractor if it can be demonstrated that recycled water cannot be used for the construction activities. potable water will be made available from existing city fire hydrant(s) nearest the proposed construction site as approved by the engineer, or by such other means as may be expressly approved in writing by the engineer. If there is a need for water during construction, the contractor shall apply for a city construction water meter at the city hall finance counter prior to the beginning of work. a security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. If the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.

4. All required water, all work and materials required for obtaining, pumping, transporting and applying and otherwise disposing of said water shall be in an approved manner and shall be performed by, and at the expense of the contractor and no extra or separate compensation will be made thereof.

D. Operation of Existing Water Facilities

1. The Contractor shall not operate any of the existing water systems, including pumps, motors, valves, and hydrants, but shall contact the City two (2) working days in advance with a list and location of the water system facilities that will require operating, opening, stopping, or closure by the City.

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2. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The City will perform all notification to existing customers regarding temporary loss of service.

3. Contractor shall submit a request on City’s standard form for any shut-down of existing water facilities.

E. Construction at Existing Utilities

1. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.

2. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner.

The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

F. Traffic Control

1. General. Contractor shall abide by traffic control plans approved by the City.

2. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site.

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3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

G. Cleaning Up

1. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment, including all USA markings. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water.

2. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

3.9 ENVIRONMENTAL QUALITY PROTECTION
A. Environmental Conditions
[RESERVED]
B. Landscape and Vegetation Preservation

1. General. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.

2. Damage and Restoration. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours.

3. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

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C. Protected Species

1. General. If, in the performance of the Work, evidence of the possible occurrence of any State or Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within 2 Days.

2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal.

If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents.

3. False Siting. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

D. Preservation of Historical and Archeological Resources

1. General. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor notify the
Construction/Archeological Monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or City within 2 Days.

2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource.

If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the Construction/Archeological Monitor in the preparation and implementation

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of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents.

3. Contractor’s Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

E. Dust and Pollution Control

1. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site. Contractor shall remove construction caused debris from streets and sidewalks as directed by the Engineer.

2. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

F. Management of Storm, Surface and Other Waters

1. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project.

Federal and State laws require the City and its contractors to manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act.

Contractor acknowledges that it has investigated the risk arising from such waters in conjunction with the Project, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

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2. The Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to the San Francisco Bay Regional Water Quality Control Board Order No. R2-2015- 0049 (NPDES Permit No. CAS 612008), and State Water Resources Control Board Order No. 2010-0014-DWQ, Order No. 2009-0009-DWQ, and Order No. 2012-0006-DWQ, and any amendment or renewal thereof (“Construction General Permit”). Contractor must perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply.

3. Compliance with Construction General Permit. Contractor must comply with all aspects of the Construction General Permit, State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, as amended by Order Nos. 2010-0014-DWQ and 2012-0006-DWQ, and any amendment or renewal thereof (NPDES CAS000002), for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common plan of development or sale. (a) Permit registration. Unless otherwise specified in the Special Conditions, Contractor must prepare the Notice of Intet for coverage under the Construction General Permit and all Permit Registration Documents (PRDs), including but not limited to the Storm Water Pollution Prevention Plan (SWPPP), as those terms are defined in the Construction General Permit. Contractor must coordinate submittal of all PRDs with th eCity’s Legally Responsible Person and/or Authorized Signatory, as those terms are defined in the Construction General Permit. The Contractor must submit the PRDs, including the SWPPP to the City Representative for review not less than fifteen (15) Days prior to the start of on- site construction work. City will file the Notice of Intent and PRDs and pay the filing fee.
(b) Before any Construction General Permit related documents may be submitted to the State Board or implemented on the Project site, they must first be reviewed and accepted by City. Acceptance by the City does not relieve the Contractor from ensuring such documents comply with all lawsapplicable laws, regulations, and orders.

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(c) Contractor must ensure that the SWPPP is developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit.

Contractor must implement the SWPPP and all other provisions of the Construction General Permit, including the monitoring and reporting requirements, preparing and submitting all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. The SWPPP must include industry standard requirements for water quality control including but not be limited to the following:
(1) Sediment and erosion control measures to manage
sediment and erosion including vegetative practices,
structural control, silt fences, straw dikes, sediment controls or operator controls as appropriate.Storm water
management measures shall be instituted as required,
including velocity dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment.
(2) Wastewater and storm water management controls to divert offsite surface flows around the Project site and to divert surface flows within the Project area away from areas of open earth or stockpiles of building and other materials.

Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete
batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-storm water discharge requirements listed in State Board Water Quality Order No. 2009-0009- DWQ, Section III.C., including proper notification to the Regional Water Board.
(3) Pollution prevention measures including methods of
dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters.
(4) Turbidity prevention measures for prevention of excess turbidity including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved methods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall contain the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Elimination System (NPDES) permit.

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(5) Overall construction site management measures to address changes at the Project site as the Project moves through different phases and changes that account for rainy and dry season management practices.
(6) Pollution control measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to:
refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution.
(7) Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse.
(8) Develop and implement a Rain Event Action Plan (REAP), if required, that must be designed and implemented to
protect all exposed portions of the site 48 hours prior to any likely precipitation event.
(9) Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited to annual reports and rain event reports.
(d) City retains the right to procure and maintain coverage under the Construction General Permit for the Project site if the Contractor fails to draft a SWPPP or other Construction General Permit related document, or fails to proceed in a manner that is satisfactory to City.

City reserves the right to implement its own SWPPP at the Project site, and hire additional contractors to maintain compliance.

Whether Contractor has adequately maintained compliance with the Construction General Permit shall be City’s sole determination.

In the event that Contractor has failed or is unable to maintain compliance with the Construction General Permit, any costs or fines incurred by City in implementing a SWPPP, or otherwise
maintaining compliance with the Construction General Permit shall be paid by the Contractor.

4. For those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing construction industry best management

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practices to eliminate or reduce the discharge of pollutants from construction sites, such as the best management practices set forth in the CASQA Construction BMP Handbook.

5. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters off of the Project site.

6. Contractor violations.
(a) Failure to implement the SWPPP or otherwise comply with the Construction General Permit or local state and federal laws is a violation of this Contract. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify, defend – with counsel acceptable to the City – and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(b) City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy.

Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any enforcement action and/or settlement reached between the City and any relevant enforcement entity.
(c) City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the the laws, regulations and policies described in this Article, or any other relevant water quality law, regulation, order, or policy.
(d) If noncompliance with any relevant law, regulation or permit, order, or policy occurs, the Contractor shall report this to the City Representative immediately, with the specific information submitted in writing within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in City stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or additional compensation by reason of such a work stoppage. Corrective

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measures required to bring activities into compliance shall be at the Contractor's expense.

7. Oil storage tanks management.
(a) Storage tank placement. All oil or other petroleum product (hereinafter referred to collectively as oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source. (b) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the capacity of all tanks and/or containers located within each area, plus a sufficient amount of freeboard to contain the 25-year rainstorm.
(c) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil.
(d) Spill Prevention Control and Countermeasure Plan (SPCC). Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least 30 days prior to delivery or storage of oil at the site. The Plan must have been reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112

8. Underground tank prohibition. The Contractor shall not use underground storage tanks.

9. Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States Bureau of Reclamation's publication “Reclamation Safety And Health Standards.”

10. Other Permits.
(a) Other permits applicable to the Project are listed in the Special Conditions. The Contractor shall obtain all other necessary licenses and permits.
(b) Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections.

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(c) Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract.

11. Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitate the water pollution prevention measures required by this paragraph.

END OF GENERAL REQUIREMENTS

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1 EXHIBIT “A”
Change Order Form
EXHIBIT “A”

CHANGE ORDER FORM
City of Milpitas
455 E. Calveras Boulevard
Milpitas, California 93035
CONTRACT CHANGE ORDER NO. __
Date: [INSERT]
To: [CONTRACTOR NAME]
[ADDRESS]
[ADDRESS]
Attn: [CONTRACTOR REP]
Project: [INSERT]
This Change Order covers changes to the contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for the amount agreed upon between the Contractor and City of Milpitas and set forth herein.

Item
No. Description of Changes
Increase/
(Decrease)
in Contract
Amount
Contract
Time
Extension,
Days
1 2
Totals $
Original Contract Amount: $XX.00
Change by Previous Change Order(s): $XX.00
Contract Price Prior to this Change Order: $XX.00
Current Change Order Amount: $XX.00
Revised Contract Amount including this Change Order: $XX.00

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Change Order Form
The Contract Price and Contract Time shall be adjusted as set forth above. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the City.

Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract.

Accepted:
(Signature) Contractor’s Authorized Representative Date Recommended:
(Signature) [**INSERT NAME, TITLE**] Date
Approved:
(Signature) [**INSERT NAME, TITLE**] Date
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of Milpitas.

Contract Change Order #

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Change Order Form

TECHNICAL SPECIFICATIONS
[Begins on Following Page]

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Change Order Form

EXHIBIT A

SCOPE OF SERVICES
Milpitas Sports Center – Roof Rehabilitation
I. PROJECT OVERVIEW
The City is seeking a certified, licensed contractor to provide the equipment, tools, and personnel for the rehabilitation of the roof and all necessary HVAC duct work to meet Title 24 requirements at the Milpitas Sports Center (1325 E. Calaveras Blvd) II. FACILITY
The Milpitas Sports Center is the City’s fitness center that operates Monday-Sunday with hours ranging from 6:00am-12:00am. During the construction, the Sports Center will need to remain open to the public so appropriate measures must be taken to continue to provide access to the public.

III. CURRENT CONDITION
The roof at the Milpitas Sports Center is nearing the end of useful life requiring rehabilitation.

The City conducted an infrared scan of the roof to identify areas of water intrusion (see Exhibit D for the Infrared Scan report). In addition to the roof rehabilitation, replacement of HVAC duct work will also be required to meet Title 24 requirements.

IV. GENERAL
Contractor shall furnish all certified labor, tools, equipment, transportation, and supervision necessary for the completion of the identified work in a workmanlike manner as customary for the Contractor's License (C-39 Roofing Contractor and C-20 – Warm Air, Heating, Ventilating and Air Conditioning) and the type of work.

The Contractor shall ensure that they are qualified and experienced and have the necessary resources for the successful completion of the work including any amendments/change orders (which are to be previously approved in writing) as they may occur during the execution of the work.

All equipment, and labor utilized, and all workmanship shall comply with all current codes, standards, regulations, City ordinances, and statutes pertaining to the services.

When requested, the Contractor shall provide proposal(s) for work using the rate sheet provided by the Contractor to provide the city with formal estimates for review.

V. MATERIALS
The City will provide the roofing materials and specifications through Tremco. Contractor will be responsible for coordinating with Tremco for the materials. See Exhibit C for material list and specification sheets.

VI. PLANS AND SPECIFICATIONS
See Exhibit B for specifications.

VII. PERMITTING
The Contractor shall be responsible for submitting all Building Permits related the project and the City shall be responsible for all fees associated with the Building Permits. Visit the City of Milpitas’ website for more information on the Building Permitting process:

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5 EXHIBIT “A”
Change Order Form
https://www.milpitas.gov/195/Building-Permits-Resources VIII. DUST CONTROL
The provisions of Section 10 of the State Specifications shall govern, except that the water is not a pay item, and the entire cost of preventing dust nuisance shall be at the expense of the Contractor. Safety Compliance Contractor accepts responsibility for determining that all necessary safeguards and PPE for protection of contractor’s employees are available or will be furnished to employees. All work performed must conform to CAL-OSHA standards. If the Contractor is observed failing to meet these requirements, the City reserves the right to issue a “Stop Work’ notice at which point the Contractor will cease operations at the work site until safety compliance is implemented and formal notice to resume operations by the City Supervisor has been issued. The Contractor is responsible for any cost(s) associated with the disruption of operations as a result safety noncompliance delay. The Contractor shall inform the City Project Manager immediately if a safety hazard is discovered within a City public right of way.

IX. HOURS OF WORK
Contractor to work with City’s Project Manager to schedule all work related to the project. Work hours will be Monday-Friday between the hours of 8:00am-5:00pm. The Sports Center will remain operational during construction.

X. INSPECTION
a) All services provided shall be subject to inspection and shall meet the approval of the City. If they are not approved, the City shall have the right to reject them or to require correction. b) Acceptance or rejection of the work shall be made as promptly as practical, but failure to accept or reject the work shall not relieve the Contractor from responsibility for services provided not in accordance with the contract.
c) The City will not be deemed to have accepted the services by virtue of a partial or full payment for it.
d) The City shall be the final judge of all services and its decisions of all questions in dispute will be final.

EXHIBIT B
Specifications

EXHIBIT C
Material Details
Exhibit D
Infrared Scan Report

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6 EXHIBIT “A”
Change Order Form

EXHIBIT B

SPECIFICATIONS
[SPECIFICATIONS ON FOLLOWING PAGE]

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7 EXHIBIT “A”
Change Order Form

EXHIBIT C

MATERIAL DETAILS
[MATERIAL DETAILS ON FOLLOWING PAGE]

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8 EXHIBIT “A”
Change Order Form

EXHIBIT E

INFRARED SCAN REPORT
[INFRARED SCAN REPORT ON FOLLOWING PAGE]

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9 EXHIBIT “A”
Change Order Form

ADDENDA
[ADDENDA TO SOLICITATION 24-029 ON FOLLOWING PAGE]

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10 EXHIBIT “A”
Change Order Form
ADDENDUM #1
MILPITAS SPORTS CENTER AS-BUILT DRAWINGS 2015
[AS-BUILT DRAWIGN ON FOLLOWING PAGE]

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Change Order Form
ADDENDUM #1

MSC ROOF DETAILS
[MSC ROOF DETAILS ON FOLLOWING PAGE]

City of Milpitas, CA Sports Center Sports Center - Roof Restoration 070150.72 - Page 1 of 13 REHABILITATION OF BUILT-UP ROOFING SECTION 070150.72 - REHABILITATION OF BUILT-UP ROOFING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Roof re-coating preparation. 2. Application of reinforced fluid-applied roof membrane and flashings over existing built-up asphalt roofing. B. Scope of work: 1. Pressure wash roof at areas to receive fluid applied restoration. 2. Repair any blisters, fish mouths, splits or tears in (e) roofing. 3. Replace any areas of wet insulation. 4. Replace all sealant on penetrations and surface mounted counterflashings. 5. Build up any low areas in roof by installing an additional layer of Powerply Standard FR HW. 6. Install AlphaGuard MTS Base Coat at 4 gallons per square. 7. Install 1 ply Permafab in wet base coat. 8. Install AlphaGuard MTS Top Coat at 2 gallons per square over cured base coat. 9. Install 500 lf of slip resistant walk-way. C. The work to be performed under this contract includes the installation of Owner Supplied roofing materials consisting of the following: 1. Roof refurbishment consisting of the installation of AlphaGuard MTS fluid applied roofing, including all labor, miscellaneous materials, tools, transportation, equipment, services, and facilities necessary to, and reasonably incidental to, the completion of the work as shown on the drawings and/or described in the specifications. 2. The City of Milpitas will provide Tremco roofing materials in the quantities listed below and referred to as “Supplied by Owner”. 3. These materials will be delivered directly to the awarded Contractor’s yard. 4. The materials will be the responsibility of the Contractor for storage, security, transportation to the job-site, handling and security at the job-site. 5. The contractor will be responsible for purchasing all materials not “Supplied by Owner” and all materials required in excess of the quantities being supplied by the City. 6. All materials supplied by contractor must be approved for use by manufacturer. D. Supplied By Owner Materials 1. 70 pails: ALPHAGUARD MTS BASE COAT (5 gal) 2. 36 pails: ALPHAGUARD MTS TOP COAT (5 gal) 3. 9 rolls: PERMAFAB (40” x 324’) 4. 2 rolls: PERMAFAB (12” x 300’)

City of Milpitas, CA Sports Center Sports Center - Roof Restoration 070150.72 - Page 2 of 13 REHABILITATION OF BUILT-UP ROOFING

1.2 MATERIALS OWNERSHIP A. Demolished materials shall become Contractor's property and shall be removed from Project site. 1.3 DEFINITIONS A. Roofing Terminology: Refer to ASTM D 1079 and glossary in NRCA's "The NRCA Roofing Manual" for definition of terms related to roofing work in this Section. B. Roofing Re-Coating Preparation: Existing roofing that is to remain and be prepared to accept restorative coating application. C. Patching: Removal of a portion of existing membrane roofing system from deck or removal of selected components and accessories from existing membrane roofing system and replacement with similar materials. D. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and reinstalled. E. Existing to Remain: Existing items of construction that are not indicated to be removed. F. Construction Waste: Building and site improvement materials and other solid waste resulting from construction, remodeling, renovation, or repair operations. Construction waste includes packaging. G. Demolition Waste: Building and site improvement materials resulting from re-roofing preparation, demolition or selective demolition operations. H. Disposal: Removal off-site of demolition and construction waste and subsequent sale, recycling, reuse, or deposit in landfill or incinerator acceptable to authorities having jurisdiction. I. Recycle: Recovery of demolition or construction waste for subsequent processing in preparation for reuse. J. Salvage: Recovery of demolition or construction waste and subsequent sale or reuse in another facility. K. Salvage and Reuse: Recovery of demolition or construction waste and subsequent incorporation into the Work. 1.4 ROOFING CONFERENCES A. Roofing Rehabilitation Preinstallation Conference: Conduct conference at Project site. Review methods and procedures related to roofing system. 1. Meet with Owner, Architect, roofing re-coating materials manufacturer's representative; roofing re-coating Installer including project manager and foreman; and installers whose work interfaces with or affects re-coating including installers of roof accessories and roof-mounted equipment requiring removal and replacement as part of the Work.

City of Milpitas, CA Sports Center Sports Center - Roof Restoration 070150.72 - Page 3 of 13 REHABILITATION OF BUILT-UP ROOFING

2. Review methods and procedures related to re-coating preparation, including rehabilitation roofing system manufacturer's written instructions. 3. Review drawings and specifications. 4. Procedures for salvaging and recycling of demolition and construction waste. 5. Review temporary protection requirements for existing roofing system that is to remain, during and after installation. 6. Review roof drainage during each stage of re-coating and review roof drain plugging and plug removal procedures. 7. Review and finalize construction schedule, and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. 8. Review base flashings, special roofing details, drainage, penetrations, equipment curbs, and condition of other construction that will affect re-coating. 9. Review HVAC shutdown and sealing of air intakes. 10. Review shutdown of fire-suppression, -protection, and -alarm and -detection systems. 11. Review governing regulations and requirements for insurance and certificates if applicable. 12. Review procedures for asbestos removal or unexpected discovery of asbestos-containing materials. 13. Review existing conditions that may require notification of Owner before proceeding. 1.5 ACTION SUBMITTALS A. Product Data: For each type of product specified. B. Sustainable Design Submittals: 1. Product Test Reports: For roof coating, indicating that coated roof will comply with solar reflectance index requirement. 2. Indicate CRRC Compliance. 3. Indicate Energy Star compliance. 1.6 INFORMATIONAL SUBMITTALS A. Qualification Data: For Installer, Manufacturer, and Roofing Inspector. 1. Letter written for this Project indicating manufacturer approval of Installer to apply specified products and provide specified warranty.

City of Milpitas, CA Sports Center Sports Center - Roof Restoration 070150.72 - Page 4 of 13 REHABILITATION OF BUILT-UP ROOFING B. Proposed Protection Measures: Submit report, including Drawings, that indicates the measures proposed for protecting individuals and property, for environmental protection, and for dust control. Indicate proposed locations and construction of barriers. C. Product Test Reports: Upon request, submit reports based on evaluation of comprehensive tests performed by manufacturer and witnessed by a qualified testing agency, for components of roofing rehabilitation system. D. Contractor's Product Certificate: Submit notarized certificate, indicating products intended for Work of this Section, including product names and numbers and manufacturers' names, with statement indicating that products to be provided meet the requirements of the Contract Documents. 1. Provide manufacturer's UL listing certificate for roofing system. E. Warranties: Unexecuted sample copies of special warranties. F. Existing Conditions Photographs: Show existing conditions of adjoining construction and site improvements, including exterior finish surfaces adjacent to the Work, which might be misconstrued as having been damaged by re-coating operations. Submit before Work begins. G. Inspection Reports: Daily reports of Roofing Inspector. Include weather conditions, description of work performed, tests performed, defective work observed, and corrective actions required and carried out. 1.7 CLOSEOUT SUBMITTALS A. Maintenance Data: To include in maintenance manuals. B. Warranties: Executed copies of approved warranty forms. 1.8 QUALITY ASSURANCE A. Installer Qualifications: An employer of workers trained by manufacturer, including a full-time on-site supervisor with a minimum of three years' experience installing products comparable to those specified, able to communicate verbally with Contractor, Architect, and employees, and the following: 1. Installer qualified by the manufacturer to install manufacturer's products and furnish warranty of type specified. B. Manufacturer Qualifications: Primary product manufacturer that is UL listed for roofing system identical to that used for this Project, with minimum five years' experience in manufacture of comparable products in successful use in similar applications, and able to furnish warranty with provisions matching specified requirements. 1. Approval of Other Manufacturers and Comparable Products: Submit the following in accordance with project substitution requirements, within time allowed for substitution review:

City of Milpitas, CA Sports Center Sports Center - Roof Restoration 070150.72 - Page 5 of 13 REHABILITATION OF BUILT-UP ROOFING a. Product data, including certified independent test data indicating compliance with requirements. b. Samples of each component. c. Sample submittal from similar project. d. Project references: Minimum of five installations of specified products with Owner and Architect contact information. e. Sample warranty. C. Roofing Inspector Qualifications: A technical representative of manufacturer not engaged in the sale of products and experienced in the installation and maintenance of the specified roofing system, qualified to perform roofing observation and inspection specified in Field Quality Control Article, to determine Installer's compliance with the requirements of this Project, and approved by the manufacturer to issue warranty certification. The Roofing Inspector shall be one of the following: 1. An authorized full-time technical employee of the manufacturer. 2. An independent party certified as a Registered Roof Observer by the Roof Consultants Institute, retained by the Contractor or the Manufacturer and approved by the Manufacturer. D. Manufacturer's Installation Instructions: Obtain and maintain on-site access to manufacturer's written recommendations and instructions for installation of products. 1.9 PROJECT CONDITIONS A. Weather Limitations: Proceed with rehabilitation work only when existing and forecasted weather conditions permit Work to proceed without water entering into existing roofing system or building. 1. Store all materials prior to application at temperatures recommended by manufacturer. 2. Apply coatings within range of ambient and substrate temperatures recommended by manufacturer. 3. Do not apply roofing in snow, rain, fog, or mist. B. Protect building to be rehabilitated, adjacent buildings, walkways, site improvements, exterior plantings, and landscaping from damage or soiling from rehabilitation operations. C. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. D. Daily Protection: Coordinate installation of roofing so insulation and other components of roofing system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast.

City of Milpitas, CA Sports Center Sports Center - Roof Restoration 070150.72 - Page 6 of 13 REHABILITATION OF BUILT-UP ROOFING E. Owner will occupy portions of building immediately below re-coating area. Conduct re-coating so Owner's operations will not be disrupted. Provide Owner with not less than 72 hours' notice of activities that may affect Owner's operations. 1.10 WARRANTY A. Manufacturer: Manufacturer's standard warranty form, covering work of this Section, in which manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within warranty period. 1. Warranty Period: 25 years from date of completion. B. Installer Warranty: Installer's warranty signed by Installer, covering the Work of this Section, on form acceptable to Roofing Manufacturer and Owner. 1. Warranty Period: 2 years from date of completion. C. Manufacturer Inspection and Preventive Maintenance Service: To report maintenance responsibilities necessary for preservation of Owner's warranty rights and to perform periodic routine maintenance required, as described in Manufacturer's standard form. The cost of manufacturer's inspections and preventive maintenance is included in the Contract Sum. 1. Inspections to occur in following years: 2, 5, 10, 15, 20 following completion. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Basis-of-Design Manufacturer/Product: The roof system specified in this Section is based upon the Alphaguard MTS system manufactured by Tremco, Inc., Beachwood, OH, (800) 562-2728, www.tremcoroofing.com (Local Rep: Dan Lajeunesse 408-910-2083) that are named in other Part 2 articles. Provide specified products or Owner approved equal. B. Source Materials: Obtain roofing materials from single source from single manufacturer. 2.2 PERFORMANCE REQUIREMENTS A. General Performance: Rehabilitated roofing shall withstand exposure to weather without failure or leaks due to defective manufacture or installation. 1. Accelerated Weathering: Roofing system shall withstand 2000 hours of exposure when tested according to ASTM G 152, ASTM G 154, or ASTM G 155. B. Material Compatibility: Provide roofing materials that are compatible with one another under conditions of service and application required, as demonstrated by roofing manufacturer based on testing and field experience. C. Exterior Fire-Test Exposure: Roofing system exterior fire-test exposure performance following application of rehabilitation coating shall be not be less than that of the prerehabilitated roof

City of Milpitas, CA Sports Center Sports Center - Roof Restoration 070150.72 - Page 7 of 13 REHABILITATION OF BUILT-UP ROOFING performance when tested in accordance with ASTM E 108, based upon manufacturer's tests of identical applications. D. Energy Performance: Provide rehabilitated roofing with an initial Solar Reflectance Index of not less than 78 when calculated according to ASTM E 1980, based on testing identical products by a qualified testing agency. E. Energy Performance: Provide rehabilitated roofing that is listed on the EPA/DOE's "ENERGY STAR Roof Product List." F. Energy Performance: Provide rehabilitated roofing according to one of the following when tested according to CRRC-1: 1. Three-year, aged solar reflectance of not less than 0.55 and emissivity of not less than 0.75. 2.3 MATERIALS A. General: Rehabilitative re-coating materials recommended by roofing system coating manufacturer for intended use and compatible with components of existing membrane roofing system. B. Infill Materials: Where required to replace test cores and to patch existing roofing, use infill materials matching existing membrane roofing system materials, unless otherwise indicated. C. Temporary Roof Drainage: Design and selection of materials for temporary roof drainage are responsibilities of the Contractor. 2.4 FLUID-APPLIED ROOFING MEMBRANE A. Polyurethane Elastomeric Fluid-Applied System: Two-coat fluid-applied roofing membrane formulated for application over prepared existing roofing substrate. 1. Polyurethane roof coating system base coat, single-part moisture-curing, for use with a compatible top coat. a. Basis of design product: Tremco, AlphaGuard MTS Base Coat. b. Combustion Characteristics, UL790: Class A, for two-coat system. c. Volatile Organic Compounds (VOC), maximum, ASTM D3960: <35 g/L. d. Accelerated Weathering, 5000 hours, ASTM G154: Pass. e. Hardness, Shore A, minimum, ASTM D2240: 80. f. Solids, by volume, ASTM D2697, minimum: 87 percent. g. Minimum Thickness, Base Coat on Granular MB: 64 mils (1.62 mm) wet. 2. Polyurethane roof coating system top coat, low odor low VOC single-part, for application over compatible base coat. a. Basis of design product: Tremco, AlphaGuard MTS Top Coat. b. Combustion Characteristics, UL790: Class A, for two-coat system. c. Volatile Organic Compounds (VOC), maximum, ASTM D 3960: <40 g/L.

City of Milpitas, CA Sports Center Sports Center - Roof Restoration 070150.72 - Page 8 of 13 REHABILITATION OF BUILT-UP ROOFING d. Solar Reflectance Index (SRI), ASTM C1549: 86 percent. e. Accelerated Weathering, 5000 hours, ASTM G154: Pass. f. Hardness, Shore A, minimum, ASTM D2240: 85. g. Solids, by volume, ASTM D2697: 87. h. Minimum Thickness: 32 mils (0.81 mm) wet over cured base coat. 3. Primer for Non-Porous Surfaces: Single-part, water based primer to promote adhesion of urethanes to metals, PVC and other non-porous surfaces. a. Basis of design product: Tremco, AlphaGuard M-Prime. b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 22 g/L. c. Nonvolatile Content, minimum, ASTM D2369: 5 percent. d. Density at 77 deg F (25 deg C): 8.3 lb/gal (1kg/L). 4. Primer for Intercoat and Substrate Adhesion: Single-part, quick-drying primer to promote adhesion of urethane products to previous urethane coats and to other approved surfaces. a. Basis of design product: Tremco, Geogard Primer. b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 5 g/L. c. Coverage Rate, 400 sq. ft/ gal.: 4 mils (0.10 mm) wet. 2.5 AUXILIARY MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with existing roofing system and fluid-applied roofing system. B. Reinforcing Fabric: 1. Polyester Reinforcing and Protection Fabric: 100 percent stitch-bonded mildew-resistant polyester fabric intended for reinforcement of compatible fluid-applied membranes and flashings and as a protection layer under pavers or stone aggregates. a. Basis of design product: Tremco, Permafab. b. Tensile Strength, Minimum, ASTM D1682: 50 lbf (23 kg) avg.. c. Elongation, Minimum, ASTM D1682: 60 percent. d. Tear Strength, Minimum, ASTM D1117: 16 lbf (7.3 kg) avg.. e. Weight: 3 oz./sq. yd (102 g/sq. m). C. Joint Sealant: Elastomeric joint sealant compatible with applied coating, with movement capability appropriate for application. 1. Joint Sealant, Polyurethane: ASTM C920, Type S, Grade NS, Class 50 single-component moisture curing sealant, formulated for compatibility and use in dynamic and static joints; paintable. a. Basis of design product: Tremco, TremSEAL Pro. b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 40 g/L. c. Hardness, Shore A, ASTM C661: 40. d. Adhesion to Concrete, ASTM C794: 35 pli. e. Tensile Strength, ASTM D412: 350 psi (2413 kPa).

City of Milpitas, CA Sports Center Sports Center - Roof Restoration 070150.72 - Page 9 of 13 REHABILITATION OF BUILT-UP ROOFING f. Color: White. D. Miscellaneous Accessories: Provide miscellaneous accessories recommended by roofing system manufacturer. 2.6 WALKWAYS A. Walkway Product: Compatible slip-resistant fluid-applied walkway product. 1. Polyurethane Top Coat, Slip-Resistant: Second top coat with broadcast slip-resistant aggregate. a. Basis of design product: Tremco, AlphaGuard MT Top Coat Slip-Resistant. b. Minimum Thickness: 20 wet mils, (0.50 mm) wet; over cured top coat. c. Silica sand aggregate: 20 to 30 lb/100 sq. ft.. d. Color: As selected from manufacturer's standard colors. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine existing roofing substrates, with Installer present, for compliance with requirements and for other conditions affecting application and performance of roof coatings. 1. For the record, prepare written report, endorsed by Installer, listing conditions detrimental to performance. 2. Verify compatibility of approved re-coating system with and suitability of substrates. 3. Verify that substrates are visibly dry and free of moisture. 4. Verify that roofing membrane surfaces have adequately aged to enable proper bond with re-coating system base coat. 5. Verify that existing roofing membrane is free of blisters, splits, open laps, indications of shrinkage, and puncture damage or other indications of impending roof system failure. 6. Commencing application of fluid-applied re-coating membrane indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Protect existing roofing system that is indicated not to be rehabilitated, and adjacent portions of building and building equipment. 1. Mask surfaces to be protected. Seal joints subject to infiltration by coating materials. 2. Limit traffic and material storage to areas of existing roofing membrane that have been protected.

City of Milpitas, CA Sports Center Sports Center - Roof Restoration 070150.72 - Page 10 of 13 REHABILITATION OF BUILT-UP ROOFING

3. Maintain temporary protection and leave in place until replacement roofing has been completed. B. Pollution Control: Comply with environmental regulations of authorities having jurisdiction. Limit spread of dust and debris. 1. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 2. Remove debris from building roof by chute, hoist, or other device that will convey debris to grade. C. Shut down air intake equipment in the vicinity of the Work in coordination with the Owner. Cover air intake louvers before proceeding with re-coating work that could affect indoor air quality or activate smoke detectors in the ductwork. 1. Verify that rooftop utilities and service piping affected by the Work have been shut off before commencing Work. D. Maintain roof drains in functioning condition to ensure roof drainage at end of each workday. Prevent debris from entering or blocking roof drains and conductors. Use roof-drain plugs specifically designed for this purpose. Remove roof-drain plugs at end of each workday, when no work is taking place, or when rain is forecast. 1. Do not permit water to enter into or under existing membrane roofing system components that are to remain. 3.3 ROOFING COATING PREPARATION A. Membrane Surface Preparation: 1. Remove loose granular aggregate from granular aggregate-surfaced built-up bituminous roofing with a power broom. 2. Remove walkway pads, pavers and accessories from roofing membrane. Discard damaged pavers. 3. Remove blisters, ridges, buckles, roofing membrane fastener buttons projecting above the membrane, and other substrate irregularities from existing roofing membrane that would inhibit application of uniform, waterproof coating. 4. Trim back roofing at all metal edge, scupper, raised perimeter edges, and gravel stop locations to expose minimum of 2” of underlying metal flanges. 5. Broom clean existing substrate. 6. Substrate Cleaning: Clean substrate of contaminants such as dirt, debris, oil, and grease that can affect adhesion of coating by power washing at maximum 2,000 psi.

City of Milpitas, CA Sports Center Sports Center - Roof Restoration 070150.72 - Page 11 of 13 REHABILITATION OF BUILT-UP ROOFING a. Dispose of waste water in accordance with requirements of authorities having jurisdiction. 7. Verify that existing substrate is dry before proceeding with application of coating. Spot check substrates with an electrical capacitance moisture-detection meter. 8. Verify adhesion of new products. B. Existing Flashing and Detail Preparation: Repair flashings, gravel stops, copings, and other roof-related sheet metal and trim elements. Reseal joints, replace loose or missing fasteners, and replace components where required to leave in a watertight condition. 1. Do not damage metal counterflashings that are to remain. Replace metal counterflashings damaged during removal with counterflashings of same metal, weight or thickness, and finish. 2. Roof Drains: Remove drain strainer and clamping ring. Grind metal surfaces down to clean, bare, metal. C. Surface Priming: Prime surfaces to receive fluid-applied coating using coating manufacturer's recommended product for substrate material. Apply at application rate recommended by manufacturer. 1. Ensure primer does not puddle and substrate has complete coverage. 2. Allow to cure completely prior to application of coating. 3.4 FLUID-APPLIED FLASHING APPLICATION A. Fluid-Applied Flashing and Detail Base Coat Application: Complete base coat and fabric reinforcement at parapets, curbs, penetrations, and drains prior to application of field of fluid-applied membrane. Apply base coat in accordance with manufacturer's written instructions. 1. Apply base coat on prepared and primed surfaces and spread coating evenly. Extend coating minimum of 8 inches up vertical surfaces and 4 inches onto horizontal surfaces. 2. Back roll to achieve minimum coating thickness as follows, unless additional thickness is recommended by manufacturer; verify thickness of base coat as work progresses. 3. Fabric Reinforcement: Embed fabric reinforcement into wet base coat. Lap adjacent flashing pieces of fabric minimum 3 inches along edges and 6 inches at end laps. a. Roll surface of fabric reinforcing to completely embed and saturate fabric. Leave finished base coat with fabric free of pin holes, voids, or openings. 4. Roof Drains: Install base coat onto surrounding membrane surface and metal drain bowl flange. Install target piece of fabric reinforcement immediately into wet base coat and roll to fully embed and saturate fabric. Reinstall clamping ring and strainer following application of top coat. Replace broken drain ring clamping bolts.

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3.5 FLUID-APPLIED MEMBRANE APPLICATION A. Fluid-Applied Membrane Base Coat Application: Apply base coat to field of membrane in accordance with manufacturer's written instructions. 1. Apply base coat on prepared and primed surfaces and spread coating evenly. 2. Back roll to achieve minimum coating thickness as follows, unless greater thickness is recommended by manufacturer; verify thickness of base coat as work progresses. 3. Fabric Reinforcement: Embed fabric reinforcement into wet base coat. Lap adjacent flashing pieces of fabric minimum 3 inches along edges and 6 inches at end laps. a. Roll surface of fabric reinforcing to completely embed and saturate fabric. Leave finished base coat with fabric free of pin holes, voids, or openings. B. Top Coat Application: Apply top coat to field of membrane and flashings uniformly in a complete, continuous installation. 1. Following curing of base coat and prior to application of top coat, sand raised or exposed edges of fabric reinforcement. 2. Allow base coat to cure prior to application of top coat. 3. Prime base coat prior to application of top coat if top coat is not applied within 72 hours of the base coat application, using manufacturer's recommended primer. 4. Apply top coat extending coating up vertical surfaces and out onto horizontal surfaces. Install top coat over field base coat and spread coating evenly. 5. Apply top coat and back roll to achieve not less than minimum coating thickness indicated in Part 2 product listing, unless greater thickness is recommended by manufacturer. Verify application thickness as work progresses. 6. Avoid foot traffic on new fluid-applied membrane for a minimum of 24 hours. C. Joint Sealant: Apply joint sealant at terminations of coating application and in locations required for complete weathertight application. D. Slip-Resistant Walkway Top Coat: Apply walkway second top coat following application and curing of top coat. Locate walkways as indicated on Drawings. 1. Mask walkway location with tape. 2. Prime first top coat prior to application of walkway top coat if walkway top coat is not applied within 72 hours of the first top coat application, using manufacturer's recommended primer.

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3. Apply walkway top coat and back roll to achieve not less than minimum coating thickness indicated in Part 2 product listing, unless greater thickness is recommended by manufacturer. Verify application thickness as work progresses. 4. Broadcast Slip-Resistant Top Coat Aggregate in wet top coat at rate indicated in Part 2 product listing or as otherwise recommended by coating manufacturer. a. Back roll sand and top coat creating even dispersal of sand. Remove masking immediately. 3.6 FIELD QUALITY CONTROL A. Roof Inspection: Engage roofing system manufacturer's technical personnel to inspect roofing installation and measure coverages rates on a daily basis using a wet film gauge. Submit daily reports to Owner. B. Repair fluid-applied membrane where inspections indicate that they do not comply with specified requirements. C. Arrange for additional inspections, at Contractor's expense, to verify compliance of replaced or additional work with specified requirements. 3.7 DISPOSAL A. Transport and legally dispose of demolished materials off Owner's property. 3.8 PROTECTING AND CLEANING A. Protect roofing system from damage and wear during remainder of construction period. B. Correct deficiencies in or remove coating that does not comply with requirements, repair substrates, and reapply coating. C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. END OF SECTION 070150.72

LA-FR-10BASE FLASHING AT LIGHTWEIGHTEQUIPMENT SUPPORT CURBFULLY REINFORCED RESTORATION8'' MINIMUMFLASHING HEIGHTSHEET-METAL COVERWITH REMOVEABLECOUNTERFLASHING

EXISTING FLASHINGS ANDROOF MEMBRANE
U-SHAPED SUPPORTSET BOLTS INSEALANTBOTH SIDES

WOODCURBLIQUID APPLIEDREINFORCED BASE COATLIQUID APPLIEDTOP COAT

WELDED SUPPORT LEG
N.T.S.NOTES1.PRIMING OF THE SUBSTRATE MAY BE REQUIRED, FOLLOW SPECIFICATIONS AND MANUFACTURERRECOMMENDATIONS.2.REINFORCEMENT MUST BE FULLY SATURATED OR ENCAPSULATED IN BASE COAT AS DESCRIBED INSPECIFICATIONS.EXISTING INSULATION

LA-FR-16BASE FLASHING ATMEMBRANE-COATED SHEET-METAL HOODFOR PIPING THROUGH ROOF DECKFULLY REINFORCED RESTORATION

REMOVABLEWEATHERPROOFSHEET-METAL PIPEPENETRATION HOODSLOPE PIPES DOWNAND AWAY FROMHOODSHEET-METAL ENCLOSURE

INSULATE VOID (NOTSHOWN FOR CLARITY)
LIQUID APPLIED TOPCOATLIQUID APPLIEDREINFORCED BASE COATEXISTING ROOFMEMBRANE & FLASHINGN.T.S.

CLEAN TO BRIGHTMETAL AND PRIME
EXISTING INSULATIONNOTES1.PRIMING OF THE SUBSTRATE MAY BE REQUIRED, FOLLOW SPECIFICATIONS AND MANUFACTURERRECOMMENDATIONS.2.REINFORCEMENT MUST BE FULLY SATURATED OR ENCAPSULATED IN BASE COAT AS DESCRIBED INSPECIFICATIONS.

LA-FR-26BASE FLASHING AT OVERFLOW SCUPPERFULLY REINFORCED RESTORATION SHEET-METAL SCUPPERSECURED TO WALL AND DECKOR OPTIONAL WOOD BLOCKINGTERMINATION OF MEMBRANEFLASHING WILL VARYLIQUID APPLIEDREINFORCED BASE COATLIQUID APPLIEDTOP COATEXISTING ROOF MEMBRANEAND FLASHINGN.T.S.EXISTINGINSULATION

CLEAN TO BRIGHTMETAL AND PRIME
NOTES1.PRIMING OF THE SUBSTRATE MAY BE REQUIRED, FOLLOW SPECIFICATIONS AND MANUFACTURERRECOMMENDATIONS.2.REINFORCEMENT MUST BE FULLY SATURATED OR ENCAPSULATED IN BASE COAT AS DESCRIBED INSPECIFICATIONS.

LA-FR-1NOTES1.PRIMING OF THE SUBSTRATE MAY BE REQUIRED, FOLLOW SPECIFICATIONS AND MANUFACTURERRECOMMENDATIONS.2.REINFORCEMENT MUST BE FULLY SATURATED OR ENCAPSULATED IN BASE COAT AS DESCRIBED INSPECIFICATIONS.BASE FLASHING AT PARAPET WALLWITH METAL COPINGFULLY REINFORCED RESTORATION

MEMBRANEEXTENDED BELOWNAILER AND SECURED

EXISTING INSULATIONEXISTING ROOF MEMBRANEAND FLASHINGS

EXISTING OR NEW METALCOPING CAP
8'' MINIMUMFLASHING HEIGHT

SLOPETOP COATFULLY REINFORCEDBASE COAT
N.T.S.

LA-FR-17BASE FLASHING AT STACKVENT WITH CURB [HOT OR COLD]FULLY REINFORCED RESTORATIONMETAL ORGYPSUM LINERIF REQUIRED INSULATE VOID (NOT SHOWNFOR CLARITY)OPTIONAL: REMOVABLESHEET-METALCOUNTERFLASHINGFASTENERSMIN. TWOFASTENERS PER SIDETEMPERATURE-APPROPRIATEELASTOMERIC SEALANTDRAWBAND OR WELDUMBRELLA TO STACK FLASHING HEIGHT8'' MINIMUMLIQUID APPLIED TOP COATLIQUID APPLIEDREINFORCED BASE COATEXISTING ROOF MEMBRANEAND FLASHING N.T.S.EXISTING INSULATIONNOTES1.PRIMING OF THE SUBSTRATE MAY BE REQUIRED, FOLLOW SPECIFICATIONS AND MANUFACTURERRECOMMENDATIONS.2.REINFORCEMENT MUST BE FULLY SATURATED OR ENCAPSULATED IN BASE COAT AS DESCRIBED INSPECIFICATIONS.

LA-FR-25NOTES1.CONDUCTOR HEAD TO BE 1 INCH MINIMUM BELOW BOTTOM OF THROUGH-WALL SCUPPER.2.PRIMING OF THE SUBSTRATE MAY BE REQUIRED, FOLLOW SPECIFICATIONS AND MANUFACTURERRECOMMENDATIONS.3.REINFORCEMENT MUST BE FULLY SATURATED OR ENCAPSULATED IN BASE COAT AS DESCRIBED INSPECIFICATIONS.BASE FLASHING AT THROUGH-WALL SCUPPERFULLY REINFORCED RESTORATION

SHEET-METAL SCUPPERSECURED TO WALL ANDDECK AND/OR OPTIONALWOOD BLOCKING N.T.S.

CLEAN TO BRIGHT METAL ANDPRIMELIQUID APPLIED TOP COATLIQUID APPLIED FULLYREINFORCED BASE COATEXISTING ROOF MEMBRANEAND FLASHINGEXISTING INSULATION

LA-FR-13NOTES1.PRIMING OF THE SUBSTRATE MAY BE REQUIRED, FOLLOW SPECIFICATIONS AND MANUFACTURERRECOMMENDATIONS.2.REINFORCEMENT MUST BE FULLY SATURATED OR ENCAPSULATED IN BASE COAT AS DESCRIBED INSPECIFICATIONS.BASE FLASHING AT WOOD CURBFULLY REINFORCED RESTORATION

SEALING MATERIAL
FLASHING HEIGHT8'' MINIMUMGASKETED FASTENERSMIN.TWO FASTENERS PER SIDEROOFTOP EQUIPMENTFRAMESHEET-METAL RECEIVERWITH REMOVABLECOUNTERFLASHING

EXISTING ROOF MEMBRANEAND FLASHINGSLIQUID APPLIEDREINFORCED BASE COATLIQUID APPLIED TOP COAT N.T.S.EXISTING INSULATION

LA-FR-5BASE FLASHING WITH SURFACE-MOUNTEDCOUNTERFLASHING AT CONCRETE WALLFULLY REINFORCED RESTORATION TERMINATION BAR FASTENED WITHAPPROPRIATE FASTENERSAPPROX. 12'' O.C.INSTALL COMPRESSIBLEELASTOMERIC SEALANT ORTAPE TO SPAN IRREGULARITIESSHEET-METAL COUNTERFLASHINGINSTALL APPROPRIATE SEALANT(E.G., POLYURETHANE) AND TOOLTO FACILITATE WATER RUNOFFCONCRETE FASTENERS 8'' MINIMUMFLASHING HEIGHT

CONCRETE

EXISTING FLASHINGSAND MEMBRANESLIQUID APPLIEDREINFORCED BASE COATLIQUID APPLIED TOP COAT N.T.S.NOTES1.PRIMING OF THE SUBSTRATE MAY BE REQUIRED, FOLLOW SPECIFICATIONS AND MANUFACTURERRECOMMENDATIONS.2.REINFORCEMENT MUST BE FULLY SATURATED OR ENCAPSULATED IN BASE COAT AS DESCRIBED INSPECIFICATIONS.EXISTING INSULATION

LA-FR-6BASE FLASHING WITH TWO-PIECESHEET-METAL COUNTERFLASHINGFULLY REINFORCED RESTORATION INSTALL SEALANT BEHIND MEMBRANETERMINATION BAR FASTENED WITHAPPROPRIATE FASTENERSAPPROX. 12'' O.C.SHEET-METAL RECEIVERWITH REMOVEABLECOUNTERFLASHINGWEEP HOLE FLASHING HEIGHT8'' MINIMUM

THROUGH-WALL FLASHINGMASONRY WALL
LIQUID APPLIED TOP COATLIQUID APPLIED REINFORCEDBASE COATEXISTING ROOF MEMBRANEAND FLASHINGSN.T.S.NOTES1.PRIMING OF THE SUBSTRATE MAY BE REQUIRED, FOLLOW SPECIFICATIONS AND MANUFACTURERRECOMMENDATIONS.2.REINFORCEMENT MUST BE FULLY SATURATED OR ENCAPSULATED IN BASE COAT AS DESCRIBED INSPECIFICATIONS.EXISTING INSULATION

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LA-FR-19PLUMBING VENT OR PIPE PENETRATIONFULLY REINFORCED RESTORATIONFLASHINGHEIGHTFLUID-APPLIEDREINFORCED FLASHINGPLUMBING VENT STACK 8" MINIMUMLIQUID APPLIEDREINFORCED BASE COATLIQUID APPLIEDTOP COATEXISTING ROOFMEMBRANE & FLASHING N.T.S.NOTES1.PRIMING OF THE SUBSTRATE MAY BE REQUIRED, FOLLOW SPECIFICATIONS AND MANUFACTURERRECOMMENDATIONS.2.REINFORCEMENT MUST BE FULLY SATURATED OR ENCAPSULATED IN BASE COAT AS DESCRIBED INSPECIFICATIONS.EXISTING INSULATIONREINFORCING COLARFLASHING

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Consider One Fee Waiver from Kiwanis Club of Milpitas Foundation and one Donation Request from Knights of Columbus St. John’s Council 5796 (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408- 586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 11/14/2023
Recommendation: (1) Approve a Fee Waiver of $900 for the Kiwanis Club of Milpitas Foundation’s 20th Annual MUSD Crab Feed and Auction Event scheduled for February 9, 2024. (2) Approve a Donation request of $500 for the Knights of Columbus St. John’s Council 5796 for their 45th Annual Free Thanksgiving Dinner event at the St. John the Baptist Catholic Church on Thursday, November 23, 2023.

BACKGROUND:

On October 18, 2023, staff received a Donation and Fee Waiver/Reduction Policy request from the Kiwanis Club of Milpitas Foundation for their 20th Annual MUSD Crab Feed and Auction event scheduled for February 9, 2024 at the Milpitas Community Center. The request is for a $900 fee waiver for the event space rental costs.

On November 8, 2023, staff received a Donation and Fee Waiver/Reduction Policy request from the Knights of Columbus St. John’s Council 5796 for their 45th Annual Thanksgiving dinner event at the Pavalkis Hall of the St. John the Baptist Church on November 23, 2023. The request is for a $500 donation for costs associated with hosting free Thanksgiving dinners for the unhoused, senior and low-income families.

ANALYSIS:

The Recreation and Community Services Department received two (2) Donation and Fee Waiver/Reduction Policy request applications.

Donation
The Knights of Columbus St. John the Baptist Church Council 5796 submitted their required application and documentation for their cultural language event:
- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
Fee Waiver
The Kiwanis Club of Milpitas Foundation (Kiwanis) submitted the required applications and documentation for the Crab Feed and Auction event which includes:
- Indoor Space Rental Application for Milpitas Community Center Auditorium - City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
Kiwanis is requesting that City Council waive eligible fees for the Indoor Space Rental in the amount of $900.

Fees ineligible for waiver include the rental application fee of $31 and refundable security/damage deposit of $500. Refundable security/damage deposits are refunded within 30 days of the rental.

Milpitas City Council adopted an updated “City Council Donation and Fee Waiver/Reduction Policy” on June 21, 2022. Per the policy, eligible organizations can request City fees to be waived up to $1,500 or a donation amount up to $500 to be granted upon request. Eligible organizations are defined as “a non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency; Non- discriminatory, and non-political in nature.” Fee Waiver or Donation requests for events must provide a community benefit within the City of Milpitas proper. Applying organizations must provide proof of non-profit status from the federal Internal Revenue Service or the state Franchise Tax Board.

As required, the Kiwanis Club of Milpitas Foundation and the provided a copy of its determination letter from the Internal Revenue Service stating it is a tax-exempt organization and meets the requirements as outlined in the Council adopted Fee Waiver Policy.

The Knights of Columbus St. John the Baptist Church Council 5796 requests that the City Council donate $500 to offset the costs associated with hosting the non-profit event.

Milpitas City Council adopted an updated “City Council Donation and Fee Waiver/Reduction Policy” on June 21, 2022. Per the policy, eligible organizations can request the City for a donation amount of up to $500 to be granted upon request. Eligible organizations are defined as “a non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency; Non-discriminatory, and non- political in nature.” Fee Waiver or Donation requests for events must provide a community benefit within the City of Milpitas proper. Applying organizations must provide proof of non-profit status from the federal Internal Revenue Service or the state Franchise Tax Board.

As required, the Kiwanis Club of Milpitas Foundation and the Knights of Columbus St. John the Baptist Church Council 5796 provided a copy of their respective determination letters from the Internal Revenue Service stating they are a tax-exempt organization. Both applicants meet the requirements as outlined in the Council- adopted Donation and Fee Waiver/Reduction Policy.

POLICY ALTERNATIVE(S):

Alternative: Do not approve the donation application as requested.

Pros: The City’s General Fund will not incur the costs of the fees waived.

Con: Denial of the request may not allow the non-profit organizations to hold their events.

Reason not recommended: This request is consistent with the Council-approved Policy.

FISCAL IMPACT:
$25,000 was approved and included in the FY 2023-24 City budget for the City Council’s Unallocated Community Promotions with a current balance of $22,055. If the City Council approves this request, then $20,655 would remain in that line item of the current year’s budget.

CEQA
The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

RECOMMENDATION:
1) Approve a Fee Waiver of $900 for the Kiwanis Club of Milpitas Foundation’s 20th Annual MUSD Crab Feed and Auction Event scheduled for February 9, 2024; and 2) Approve a Donation request of $500 for the Knights of Columbus St. John’s Council 5796 for their 45 th Annual Free Thanksgiving Dinner event at the St. John the Baptist Catholic Church on Thursday, November 23, 2023.

Attachment(s):

1. Kiwanis Club of Milpitas Foundation Application

2. Kiwanis Club of Milpitas Foundation Internal Revenue Service (IRS) non-profit letter

3. Knights of Columbus St. John the Baptist Council 5796 Application

4. Knights of Columbus St. John the Baptist Council 5796 Internal Revenue Service (IRS) non-profit letter

5. City Council Donation and Fee Waiver/Reduction Policy

#16
Name of Organization Kiwanis Club of Milpitas
Is there a Milpitas Branch or Affiliation? - Yes
Organization Address (as listed on your 501 (c) 3) PO Box 360730 Milpitas, Calif 95035
United States
Organization Web Site http://www.facebook.com/KiwanisClubofMilpitas Organization Contact Name Dennis Grilli
Organization Contact Phone (408) 205-7103
Organization Contact Email [email protected] Request Type - Fee Waiver (up to $1,500)
Requested Amount (request types cannot be
combined or exceed maximum listed amounts)
fee waiver 0f $1,500
Description of Use of Funds/Fees to be Waived fee waiver adds to the success of our fundraiser Event Name The Milpitas Kiwanis Presents the 20th Annual MUSD Crab Feed and Auction Event Date(s) Feb 09, 2024
Event Location (Facility Name and Address) Milpitas community Center Is your Event Open to the Public No
What is the purpose of the Event?
Annual fundraisers to support our yearly programs that support the youth of Milpitas.

How will the Milpitas Community Benefit from this Event? We use all the profits from our Annual event for programs to support financially disadvantaged youth.

What is you anticipated Event attendance? 250
What percentage of your event fundraising
proceeds will benefit the Milpitas Community?
60% or more
How will the City's contribution (if approved) be recognized in event media and publicity? We thank and publish the donation from the City of Milpitas on our social media , the Crab Feed brochures and list it at the event with a Sponsor Sign.

Upload your Entity Status Letter (Entity Name
listed on this application must match the Entity
Status Letter Name)

Scan 13.jpeg
Within 60 days after completion of the event for
which a donation was received or a fee waiver
was granted by the City of Milpitas, your
organization will provide a report to the Director
of Recreation and Community Services to include
at minimum: number of participants, copies of all
publicity of the event, any benefit to the
community, amount of funds raised and an
accounting of how the proceeds of the event will
be dispersed.

Failure to abide by the rules and procedures set
forth in the City Council Donation/Fee Waiver
Policy will result in the organization being denied
for funding and/or fee waiver in the future.

Draw your signature into the box below.

STATE OF CALIFORNIA
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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive Report on Manufacturing Day 2023 and Issue Certificates of Commendation to Event Collaborators (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046; and Michael Thomas, Economic Development Specialist, 408-586-3045)
Category: Community Development
Meeting Date: 11/14/2023
Recommendation: Receive report on Manufacturing Day 2023 and issue certificates of commendation to event collaborators.

BACKGROUND:

Manufacturing Day is an initiative of The Manufacturing Institute to inspire and build the future manufacturing workforce and generate awareness about the manufacturing industry. This event is celebrated on the first Friday of October, but communities around the country celebrate Manufacturing Day (MFG Day) throughout October via various events including facility tours, educational fairs, hiring events, and classroom visits.

The City of Milpitas and Milpitas Unified School District (MUSD) hosted Milpitas’ first MFG Day event in 2017 in partnership with Flex, KLA Corporation and Cordis to bring together students, educators, and Milpitas-based manufacturers. This event introduces high school students to career opportunities in the manufacturing industry and exposes employers to members of Milpitas’ future labor force. The City and MUSD have collaborated with local manufacturers and industry partners as outlined below. While MFG Day has been held annually since 2017, 2023 marked the first in-person event since 2019 due to COVID-19 pandemic restrictions resulting in webinars from 2020 to 2022.

Previous Site Hosts & Collaborators
2017: Cordis, Flex & KLA, MUSD
2018: Nanosys. View Inc., MUSD
2019: Flex, Onanon, TDK Headway Technologies, MUSD
2020: Onanon, Flex, Evergreen Valley College, MUSD
2021: NOVAworks, TDK Headway Technologies, SEMI Foundation, MUSD 2022: Flex, NOVAworks, SEMI Foundation, MUSD
The Office of Economic Development has implemented Action 17.1. of the City Council-adopted Economic Development Strategy and Implementation Actions which includes continued support for MFG Day and to introduce youth to potential social and economic mobility opportunities through jobs in manufacturing.

This Agenda Report summarizes the planning, preparation, execution, and results of the MFG Day 2023 event, and recognizes the collaborators for their contributions to this successful event.

ANALYSIS:

On October 13, 2023, the Office of Economic Development in collaboration with MUSD, KLA Corporation and Flex LTD hosted approximately 100 people including 60 high school students, City and school district officials, teachers, Chamber of Commerce, and community members during Milpitas’ seventh annual MFG Day event.

City representatives included Mayor Carmen Montano, Vice Mayor Evelyn Chua, Economic Development and Trade Commissioners Chris Norwood and Lynne Rice, City Manager Ned Thomas, Deputy City Manager Matt Cano, Public Information Officer Charmaine Angelo and communications team, as well as the Office of Economic Development.

This year’s event featured presentations, panel discussions and Q&A sessions with company representatives.

In addition, facility tours and product and/or process demonstrations were also part of MFG Day. Students also wore “bunny suits” when touring the clean room at KLA Corporation to prevent contamination in the lab. Students participated in a simulated manufacturing activity at Flex to learn about Six Sigma as a method and tool used to improve processes by reducing defects, minimizing variation, and increasing quality and efficiency.

Over a 10-week period, City staff collaborated with MUSD, The Manufacturing Institute, as well as KLA and Flex and local businesses on the following tasks in preparation, planning, and executing the 2023 event:
•Drafting, issuing, and collecting documentation to attend the event •Student transportation
•Event scheduling, logistics, and materials
•Designing and ordering event t-shirts and banners
•Coordinating catered box lunches
•Photography and videography
City staff captured testimonials from students and attendees of what MFG Day means to them during the event. Testimonials included appreciation for the unique opportunity to learn how to prepare for future prospective employment in the manufacturing industry. Students also learned that product and component engineering are one part of manufacturing companies’ operations. Other job functions include human resources, legal, finance, brand security, quality control, supply chain management, and distribution.

Photographs capturing MFG Day activities are provided in Attachment A.

Some students expressed their appreciation for learning about the products and services provided by KLA and Flex, as well as the manufacturing processes both companies utilize at the MUSD School Board meeting held on October 24 when City, KLA, and Flex representative were recognized for their MFG Day contributions.

As a gesture of the City’s appreciation, staff recommends that the City Council issue certificates of commendation to MUSD, KLA Corporation, and Flex LTD for their professional, efficient, and collaborative management and execution to successfully engage MUSD students on Manufacturing Day 2023.

FISCAL IMPACT:

While there are no costs associated with adopting the recommended action, minimal costs were realized for student t-shirts, box lunches and event banners with costs shared among the event’s four collaborators. The final total of the City’s share of these event costs was $867.00 and were covered by Office of Economic Development’s budget. Two local Milpitas businesses, Best Sandwiches and Huntford Printing and Graphics, assisted with box lunches and event banners.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378.

RECOMMENDATION:

Receive report on Manufacturing Day 2023 and issue certificates of commendation to event collaborators.

ATTACHMENT(S):

Attachment A - 2023 Manufacturing Day Event Photos

Manufacturing Day Event Photos

1. Group photo at Flex

2. Group photo at KLA

3. Mayor Montano delivering remarks at KLA

4. Flex directors speaking to students

5. Students participating in a manufacturing activity at Flex

6. Students wearing “bunny suits” in the clean room
at KLA

1 2
3 4
5 6

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive Presentation on Proposed Mixed-Use Development at 70 N. Main St. and Provide Direction on Preferred Alternative regarding Shared Parking Agreement (Staff Contact: Jay Lee, Planning Director, 408-586-3077; and Michael Fossati, Senior Planner, 408-586-3274)
Category: Community Development
Meeting Date: 11/14/2023
Recommendation: (1) Receive a summary of a pre-application to demolish an existing vacant restaurant and develop a mixed-use building without on-site parking. (2) Provide direction on the preferred alternative to provide exclusive access to City- owned land and facilitate a shared parking agreement with the property owner.

BACKGROUND:

On June 22, 2023, Terry Prius (Applicant) submitted a pre-application to demolish an existing one-story, 1,150- square foot vacant restaurant building and develop a new two-story, 5,000-square foot mixed-use building (Project) on a 0.06-acre lot located at 70 North Main Street. The proposed Project would include a 2,100-square foot ground-floor retail/restaurant area and two apartment units on the second floor. Apartment one would be 1,085 square feet and have two bedrooms. Apartment two would be 1,317 square feet and also have two bedrooms. The Project would have no on-site parking. A conceptual design of the mixed-use building is shown as Figure 1 below:

Figure 1: Southeast Street View of 70 N. Main Street

2 The Project includes an 800-square foot proposed outdoor seating area that would be used in conjunction with the ground-floor restaurant. The area is located on land owned by the City of Milpitas (City). The existing condition and general location of the City-owned land is highlighted in yellow in Figure 2 below:

Figure 2: Outdoor Area Adjacent to 70 N. Main owned by the City On August 8, 2023, the City provided the Applicant with written comments from all development-related departments in response to the pre-application and conceptual plans. Staff identified that the Project would require a Site Development and Conditional Use Permit to allow development of the proposed mixed-use building. Staff also requested a meeting to discuss the outdoor seating area proposed location and lack of on- site parking..

On August 31, 2023, Economic Development Director Alex Andrade and Senior Planner Michael Fossati met with the Applicant to discuss the written comments provided by the City. City staff informed the Applicant that an agreement for exclusive access to City-owned land for the outdoor seating area and a shared parking agreement to use the public parking lot would be required as part of the approvals for the Project. Staff also informed the Applicant that the City Council would need to direct City staff to engage in such an agreement.

ANALYSIS:

As previously stated, the ground floor restaurant area includes an 800-square foot outdoor seating area that would be located on City-owned property. Furthermore, the Project has no on-site parking spaces. For this development to materialize, the City Council would need to consider and approve the following:

3 •A formal agreement to allow exclusive use of City-owned property by the Applicant for outdoor seating area; and
•A shared parking agreement with the Applicant to utilize parking spaces in the adjacent City-owned parking lot.

The adjacent City-owned parking lot was acquired through a condemnation process for the purpose of constructing the Calaveras Overcrossing in the late 1960’s and early 1970’s. The 0.49-acre parking lot includes 800 square feet of land between 70 N. Main Street and the public parking lot encumbered by a storm drain inlet that cannot be built on and three rows of uncovered, standard-size, vehicle parking spaces. There are 35 total parking spaces. Seven additional spaces within the parking lot are owned by the existing bar/restaurant (Tequila Shots) located at 38 N. Main Street. A right-of-way through the City-owned parking lot provides access to the seven private spaces..

According to Milpitas Municipal Code (MMC) Section 53 (Off-Street Parking Regulations), the Project could require up to 26 parking spaces to develop the mixed-use building. The parking ratio for restaurants is 1 space per 39 square feet of seating area. The indoor restaurant space is 800 square feet but the application does not indicate how much of that area will be dedicated for seating. Although unlikely, the indoor seating area could be up to 800 square feet in size. The outdoor dining area will also be 800 square feet in size, for a total seating area of 1,600 square feet. 21 parking spaces would be required for the restaurant use after applying the 50 percent parking reduction for restaurants with outdoor dining (1,600/39 x 0.5 = 20.5). The residential units would require 4 covered spaces and 1 guest space for a total of 5 parking spaces. Under a more realistic scenario, if the indoor seating area is 400 square feet in size, the total parking requirement for the project would be 21 spaces.

Since the Project design repurposes the 800 square feet of land and requires parking for its development, the City may consider a shared land use and parking agreement. A shared land use and parking agreement would support the Applicant’s ability to redevelop the vacant property on Main Street and foster cooperation between the City of Milpitas and a new private business. A public-private partnership such as shared parking agreement is consistent with following Milpitas General Plan policies:
•ED 4-1- Consider leveraging public investments to enhance the City’s economic vitality and ensure that Milpitas is a prosperous, healthy and safe community that is attractive to business •ED 4-2 – Encourage change and revitalization of Main St. and other commercial corridors in need of maintenance and/or modernization.

However, the Santa Clara Valley Transportation Authority (VTA), in cooperation with the City of Milpitas and California Department of Transportation (Caltrans), initiated a capital project to widen Calaveras Boulevard between Abel Street and Milpitas Boulevard to improve regional mobility and safety and provide important bicycle and pedestrian facilities. The widening, which is expected to start construction in 2027, may impact the availability of the City-owned public parking lot. Therefore, if the City were to explore a shared parking agreement with the applicant, the applicant would have to work with staff to propose a long-term parking solution that addresses the potential loss of these parking spaces either as a result of the Calaveras Widening project or for any other reason for which the City may choose to cancel or not renew the parking agreement. In this scenario, while the required commercial parking could be provided through a shared parking agreement with another property, street parking, or a future public parking structure, the residential parking would pose a significant challenge. At this time, a resolution to this challenge has not been identified by staff. However, if the City Council provides direction to pursue a potential shared parking arrangement on this property, staff would return to the City Council at a later date with further analysis of this potential scenario.

If a shared land use and parking agreement does not serve the City's interest, the City could consider allowing the following alternatives.

POLICY ALTERNATIVE(S):

4 Alternative 1: Do not execute a shared land use and parking agreement.

Pros: By not executing a shared parking agreement, all parking spaces in the City-owned parking lot would remain free for use by the public, and there would be less potential impact from future widening of Calaveras Blvd.

Cons: By leasing parking spaces to private businesses, the City would support redevelopment of a small commercial site on Main Street and generate additional revenueto fund nearby public parking facilities or other community services, including infrastructure improvements along Main Street. By not executing a shared parking agreement, the City would miss out on this revenue and opportunity to invest in public improvements.

Reason for Not Recommending: The City has an opportunity to maximize the use of existing land and infrastructure and support redevelopment of a small commercial site on Main Street. This potential shared parking agreement is consistent with Economic Development goals and policies.

FISCAL IMPACT:

This is an informational item. As such, there is no fiscal impact. However, the City would receive planning and building development fees if the Project was approved. Additionally, if the City were to lease parking spaces to private businesses, the City would generate additional revenue, which can be reinvested in improving and maintaining the public parking facilities or used to fund other community services.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The proposed Project would be categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332 (In-fill Development Projects) in that the Project is consistent with the General Plan and zoning designation, is located in an urban area that has either been previously developed or adjoins existing qualified urban uses on all of the site's perimeter and is under five-acres in size, has no value to endangered, rare, or threatened species, would not result in any significant effects related to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services.

RECOMMENDATION:
(1) Receive summary of a pre-application to demolish an existing vacant restaurant and develop a mixed-use building without on-site parking.
(2) Provide direction on the preferred alternative to provide exclusive access to City-owned land and facilitate a shared parking agreement with the property owner.

ATTACHMENT(S):
(a) Conceptual Project Plans – 70 N Main St.

1. THIS SHEET IS PART OF A SET & IS NOT TO
BE USED ALONE.

2. THIS SET IS NOT FOR CONSTRUCTION UNTIL

THE ARCHITECT'S STAMP & SIGNATURE ARE

ON THIS SHEET AS WELL AS LOCAL AUTHORITY
PERMIT APPROVAL STAMP ON ALL SHEETS.

3. THESE PLAN & PRINTS ARE OWNED BY THE

ARCHITECT & ARE FOR USE ON THIS PROJECT
ONLY.REPRODUCTION AND/OR DISTRIBUTION

WITHOUT THE WRITTEN CONSENT OF THE
ARCHITECT IS FORBIDDEN.

CHECKED:

SCALE:

DATE:

JOB No.:

SHEET No.:

DRAWN:

SHEET TITLE:

CONTRACTOR
PROJECT:

GENERAL NOTES:

R E V I S I O N S

PRELIMINARY PLANSPRELIMINARY PLANS

NOT FOR CONSTRUCTIONNOT FOR CONSTRUCTION
1150 North First St. Ste. 140,
San Jose, CA 95112
Tel: 408.320.0248
STAMP:

Author
Checker
Issue Date
23-1-05-PRIES70NMAIN
A0.1

COVER SHEET
70 N MAIN ST. MILPITAS, CA 95035
70 N MAIN ST

BUILDING

DIRECTORY
CLIENT
COMPANY | TERRY PRIES

ADDRESS AND STREET

CITY, STATE, ZIP CODE
PHONE:

EMAIL:

ARCHITECTURE
TOPA ARCHITECTURE | GENO CATALANO
1150 N. 1ST ST. STE 140
SAN JOSE, CA 95112
PHONE: (408)320-0248
EMAIL: [email protected]
70 N MAIN ST. NEW BUILD

NEW CONSTRUCTION
70 N MAIN ST. MILPITAS, CA 95035

PROJECT DESCRIPTION OCCUPANCY LOAD

PROJECT SUMMARYVICINITY MAP
SITE

1. 2.

3. 4.

NEW 2-STORY MIXED USE BUILDING
GROUND FLOOR RETAIL/RESTAURANT ±2,100 SQFT WITH A
SEATING CAPACITY OF ±79
(2) 2 BEDROOM APARTMENT UNITS ON 2ND FLOOR
800 SQFT OF OUTDOOR SEATING

OCCUPANCY SCHEDULE
Number Name Area Load Factor Count
16 HALLWAY 70 SF
17 UNIT A 1085 SF
18 UNIT B Not Placed
19 TENANT SPACE 2111 SF
20 RESTROOM 2 57 SF
21 ELECTRICAL
ROOM
96 SF
22 GARBAGE
ROOM
160 SF
23 RESTROOM 1 60 SF
24 STAIRS 143 SF
31 UNIT B 1317 SF
Grand total 5098 SF 0
No. No. DescriptionDescription Date Date

GENERAL NOTES
•
•
•
•
•
ACCESSIBLE PATH OF TRAVEL, PER CBC 11B-403
NOTES:

MUST BE CONTINUOUSLY ACCESSIBLE W/ WALKING DIRECTIONAL
SLOPE MAX OF 5% AND CROSS SLOPE MAX OF 2%
MUST HAVE MAX SLOPE OF 2% IN ANY DIRECTION IN LOADING

AREAS AND AT EACH TURN OF INTERSECTION OF PATHS OF
TRAVEL
HAVE A MAX OF 1/4" CHANGE IN ELEVATION W/O BEVELED EDGE. 1/2" CHANGE IN ELEVATION W/ BEVELED EDGE NOT STEEPER
THAN 1:2
IS MIN 48" IN WIDTH

WHERE NECCESSARY TO CHANGE ELEVATION AT A SLOPE
EXCEEDING 5%, SHALL HAVE PEDESTRIAN RAMPS

CITY OF MILPITAS

PARKING LOT
37 SPACES
MAIN ST.

ACCESSIBLE PARKING
SPACES

OVERPASS COLUMNS (TYP)
A3.1
1 A3.12
1 2
3 4
A B C
-
-
--

1. THIS SHEET IS PART OF A SET & IS NOT TO
BE USED ALONE.

2. THIS SET IS NOT FOR CONSTRUCTION UNTIL

THE ARCHITECT'S STAMP & SIGNATURE ARE

ON THIS SHEET AS WELL AS LOCAL AUTHORITY
PERMIT APPROVAL STAMP ON ALL SHEETS.

3. THESE PLAN & PRINTS ARE OWNED BY THE

ARCHITECT & ARE FOR USE ON THIS PROJECT
ONLY.REPRODUCTION AND/OR DISTRIBUTION

WITHOUT THE WRITTEN CONSENT OF THE
ARCHITECT IS FORBIDDEN.

CHECKED:

SCALE:

DATE:

JOB No.:

SHEET No.:

DRAWN:

SHEET TITLE:

CONTRACTOR
PROJECT:

GENERAL NOTES:

R E V I S I O N S

PRELIMINARY PLANSPRELIMINARY PLANS

NOT FOR CONSTRUCTIONNOT FOR CONSTRUCTION
1150 North First St. Ste. 140,
San Jose, CA 95112
Tel: 408.320.0248
STAMP:
1/8" = 1'-0"
GC
Checker
Issue Date
23-1-05-PRIES70NMAIN
A1.1

SITE PLAN
70 N MAIN ST. MILPITAS, CA 95035
70 N MAIN ST

BUILDING
1/8" = 1'-0"1 SITE PLAN
NORTH

TRUEPROJECT

SITE PLAN KEYNOTES
Note Number Note Text
1 TEST NOTE
No. No. DescriptionDescription Date Date

A3.1
1 A3.12
1 2
3 4
A
B
C
2111 SF

TENANT SPACE
19 96 SF

ELECTRICAL
ROOM
21 57 SF
RESTROOM 2
20 160 SF

GARBAGE ROOM
2260 SF
RESTROOM 1
23 143 SF
STAIRS
24 7' - 11 1/2" 13' - 9 1/4" 5' - 2 3/4"
7' - 11"
22' - 8 1/4"
22' - 8 1/2"
61' - 0 1/4"
20' - 3 3/4" 20' - 3 3/4" 20' - 4 1/2"
45' - 4 3/4"
A3.1
1 A3.12
1 2
3 4
A
B
C
1085 SF
UNIT A
17 70 SF

HALLWAY
16 22' - 8 1/4"
22' - 8 1/2"
45' - 4 3/4"
61' - 0 1/4"
20' - 3 3/4" 20' - 3 3/4" 20' - 4 1/2"
1317 SF
UNIT B
31 -
-

WALL LEGEND
(N) 6" CMU WALL
(N) INTERIOR 3 5/8" METAL STUD
(N) NEW STOREFRONT SYSTEM W/

2.5"X5" MULLIONS

1. THIS SHEET IS PART OF A SET & IS NOT TO
BE USED ALONE.

2. THIS SET IS NOT FOR CONSTRUCTION UNTIL

THE ARCHITECT'S STAMP & SIGNATURE ARE

ON THIS SHEET AS WELL AS LOCAL AUTHORITY
PERMIT APPROVAL STAMP ON ALL SHEETS.

3. THESE PLAN & PRINTS ARE OWNED BY THE

ARCHITECT & ARE FOR USE ON THIS PROJECT
ONLY.REPRODUCTION AND/OR DISTRIBUTION

WITHOUT THE WRITTEN CONSENT OF THE
ARCHITECT IS FORBIDDEN.

CHECKED:

SCALE:

DATE:

JOB No.:

SHEET No.:

DRAWN:

SHEET TITLE:

CONTRACTOR
PROJECT:

GENERAL NOTES:

R E V I S I O N S

PRELIMINARY PLANSPRELIMINARY PLANS

NOT FOR CONSTRUCTIONNOT FOR CONSTRUCTION
1150 North First St. Ste. 140,
San Jose, CA 95112
Tel: 408.320.0248
STAMP:

As indicated
GC
Checker
Issue Date
23-1-05-PRIES70NMAIN
A2.1

PROPOSED FLOOR PLAN
70 N MAIN ST. MILPITAS, CA 95035
70 N MAIN ST

BUILDING
3/16" = 1'-0"1 1ST FLOOR PROPOSED PLAN
NORTH

TRUEPROJECT
3/16" = 1'-0"2 2ND FLOOR FFL
No. No. DescriptionDescription Date Date

1. THIS SHEET IS PART OF A SET & IS NOT TO
BE USED ALONE.

2. THIS SET IS NOT FOR CONSTRUCTION UNTIL

THE ARCHITECT'S STAMP & SIGNATURE ARE

ON THIS SHEET AS WELL AS LOCAL AUTHORITY
PERMIT APPROVAL STAMP ON ALL SHEETS.

3. THESE PLAN & PRINTS ARE OWNED BY THE

ARCHITECT & ARE FOR USE ON THIS PROJECT
ONLY.REPRODUCTION AND/OR DISTRIBUTION

WITHOUT THE WRITTEN CONSENT OF THE
ARCHITECT IS FORBIDDEN.

CHECKED:

SCALE:

DATE:

JOB No.:

SHEET No.:

DRAWN:

SHEET TITLE:

CONTRACTOR
PROJECT:

GENERAL NOTES:

R E V I S I O N S

PRELIMINARY PLANSPRELIMINARY PLANS

NOT FOR CONSTRUCTIONNOT FOR CONSTRUCTION
1150 North First St. Ste. 140,
San Jose, CA 95112
Tel: 408.320.0248
STAMP:

GC
Checker
Issue Date
23-1-05-PRIES70NMAIN
A3.0

EXTERIOR PERSPECTIVES
70 N MAIN ST. MILPITAS, CA 95035
70 N MAIN ST

BUILDING
No. No. DescriptionDescription Date Date
2 SOUTHWEST STREET VIEW
1 SOUTHEAST STREET VIEW
3 FRONT PARKING LOT STREET VIEW
4 BACK PARKING LOT STREET VIEW

1ST FLOOR FFL
0' - 0"
ROOF
24' - 6"
2ND FLOOR FFL
14' - 0"

TO PARAPET
30' - 0"

ALUMINUM STOREFRONT
1ST FLOOR FFL
0' - 0"
ROOF
24' - 6"
2ND FLOOR FFL
14' - 0"
STUCCO
STUCCO

TAKEOUT WINDOW
STUCCO

1. THIS SHEET IS PART OF A SET & IS NOT TO
BE USED ALONE.

2. THIS SET IS NOT FOR CONSTRUCTION UNTIL

THE ARCHITECT'S STAMP & SIGNATURE ARE

ON THIS SHEET AS WELL AS LOCAL AUTHORITY
PERMIT APPROVAL STAMP ON ALL SHEETS.

3. THESE PLAN & PRINTS ARE OWNED BY THE

ARCHITECT & ARE FOR USE ON THIS PROJECT
ONLY.REPRODUCTION AND/OR DISTRIBUTION

WITHOUT THE WRITTEN CONSENT OF THE
ARCHITECT IS FORBIDDEN.

CHECKED:

SCALE:

DATE:

JOB No.:

SHEET No.:

DRAWN:

SHEET TITLE:

CONTRACTOR
PROJECT:

GENERAL NOTES:

R E V I S I O N S

PRELIMINARY PLANSPRELIMINARY PLANS

NOT FOR CONSTRUCTIONNOT FOR CONSTRUCTION
1150 North First St. Ste. 140,
San Jose, CA 95112
Tel: 408.320.0248
STAMP:
3/16" = 1'-0"
Author
Checker
Issue Date
23-1-05-PRIES70NMAIN
A3.1

EXTERIOR ELEVATIONS
70 N MAIN ST. MILPITAS, CA 95035
70 N MAIN ST

BUILDING
3/16" = 1'-0"1 STREET ELEVATION
3/16" = 1'-0"2 SIDE ELEVATION
No. No. DescriptionDescription Date Date

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive a Presentation from Staff and Applicant and Provide Direction Regarding Conceptual Plans for Proposed Development (“600 Valley Way”) to subdivide three existing lots into two parcels totaling 7.22 acres to facilitate up to 104 townhome units and 140 rental affordable units, for a total of 244 residential units at 461, 538, and 602 Valley Way (APNs 022-28-022, -024, and - 025) (Staff Contact: Jay Lee, Planning Director, 408-586-3077 and Lillian VanHua, Senior Planner, 408-586-3073)
Category: Community Development
Meeting Date: 11/14/2023
Recommendation: (1) Receive presentations from staff and the applicant; (2) Receive public comment; and
(3) Provide feedback on the Preliminary Review Application and staff’s recommendation on how to accommodate the Project through the Gateway-Main Street Specific Plan process.

BACKGROUND:

The applicant submitted preliminary project plans to the Planning Department on September 26, 2023. Project plans were circulated to internal departments for review and comment, and on October 31, 2023, City staff sent a letter to the applicant outlining potential issues raised by the Project, including those related to allowable density and compliance with the Affordable Housing Ordinance.

The project site is currently zoned C2 General Commercial, with a General Plan designation of GNC General Commercial. However, as part of the Midtown Specific Plan Update, which will be renamed the Milpitas Gateway-Main Street Specific Plan (MGSP), the project site will be annexed into the Plan area. The project site will be located within the new Calaveras Gateway zoning district of the MGSP, which is envisioned as a regional destination and gateway to Milpitas with higher-intensity mixed-use and residential development reaching four to five stories in height. Staff anticipates Plan adoption in Summer 2024.

The project site is also designated as a “rezone site” within the City’s current Housing Element. Rezone sites are parcels identified on the housing Sites Inventory list that can be rezoned to allow residential uses or greater residential densities. The rezone sites are currently zoned C2 General Commercial within the MGSP or designated NCMU Neighborhood Commercial Mixed Use in the General Plan and various sites in the Metro Specific Plan. The Housing Element anticipated that the rezone sites within the MGSP area would be rezoned to MXD Mixed Use (up to 30 du/ac) or MXD2 High-Density Mixed-Use (up to 40 du/ac). However, the MGSP will implement new zoning districts and densities.

The Project would require, at minimum, a potential Zoning Map Amendment, Site Development Permit, Conditional Use Permit, Tentative Tract Map, and environmental review under the California Environmental Quality Act (CEQA). This agenda report has been drafted to solicit feedback from the City Council on the project’s density, compliance with the City’s Affordable Housing Ordinance, and overall design concept. As part of the preliminary review process, the Council may wish to comment on the design of the proposed project as well as its compatibility within the context of surrounding uses within the MGSP area.

ANALYSIS:

Project Description

The preliminary Project proposed scope includes the subdivision of three existing lots into two parcels to construct up to 244 units, with an average density of 33.8 dwelling units per gross acre. Lot A will be approximately 1.60 acres and Lot B will be 5.62 acres. Lot B will consist of 104 townhome condominium units, with a maximum height of three stories. Each unit will have “tuck-under” parking arrangements accessed by alleys, providing a parking ratio of two spaces per dwelling unit. Unit front doors will face green spaces, connected by walkways to paseos and streets. Vehicle access to the site will be through Valley Way, connecting to the internal streets and alleys. Emergency vehicles will have access from Valley Way and Heath Street, facilitated by removable bollard control mechanisms. The Project site features a picnic area and a playground. An integral part of the Project site is the central paseo, weaving through the site to provide opportunities for walking, running and passive recreation. The paseo also offers a pedestrian-friendly connection for the adjacent residential neighborhood to the existing retail center at South Abbott Avenue and West Calaveras Boulevard. Additionally, approximately 2,600 square feet of community serving space will be located at the southern end of a central paseo to provide community amenities and a leasing office function.

Lot A may be dedicated by the Silicon Valley Community Foundation to the City for future affordable housing development.

Affordable Housing Ordinance (AHO)
The City’s Affordable Housing Ordinance (AHO) requires all new residential development projects of ten units or more designed and intended for permanent occupancy to construct 15 percent of the total number of dwelling units within the development as affordable units. In order to comply with the AHO, the ordinance requires the applicant to provide 16 townhome units at the moderate-income level and 21 apartment units at the low-income level. In lieu of building affordable housing units on site, the applicant proposes to dedicate Lot A to the City to build up to 140 affordable units. The City Council may permit an applicant to dedicate land within the City of Milpitas to the City or a City-designated local non-profit housing developer in lieu of construction of some or all of the required affordable units pursuant to MMC XII-1-4.02.

If the City Council accepts the land dedication, the City’s General Fund would incur operations, maintenance and capital infrastructure costs associated with the existing building until a development partner is selected for the site. A funding source would need to be identified to pay for these operations, maintenance and capital infrastructure costs of the existing property as part of the conditions of approval for the project. It would be necessary for the City to conduct due diligence with regard to the state and value of the lot prior to acceptance, including that the property dedicated meets all of the requirements of Milpitas Municipal Code section XII-1-

4.02, including the additional grant necessitated by section 4.02(3)(b). Moreover, a project that satisfies its affordable housing requirement by means of land dedication will not be entitled to concessions or incentives under the City’s density bonus ordinance, though it may still be entitled to reduced parking standards and waivers and modifications of other development standards. The land transfer shall occur prior to or concurrent with approval of the final subdivision map, parcel map, or residential development application. The land and affordable units must be subject to deed restrictions ensuring continued affordability. The City may require that the land be transferred to a developer instead of the city.

General Plan/Specific Plan and Zoning Designation for Project Site The subject property’s anticipated General Plan designation is Milpitas Gateway-Main Street Specific Plan (MGSP). Within the MGSP, the subject site will be rezoned to a new implementing zoning district, the Gateway Mixed-Use (GW-MU) zone, as part of the new Gateway District. The GW-MU zone will require a minimum density of 18 dwelling units per gross acre and a maximum density of 65 dwelling units per gross acre. The Gateway District will be a highly visible community commercial node along Calaveras Boulevard, with opportunities for freeway-oriented retail and services, neighborhood shopping and hotel and convention space.

The GW-MU zone supports a freeway and commercial corridor service orientation along Calaveras Boulevard and I-880, transitioning to a neighborhood-oriented residential focus to the north, and a commercial/mixed-use focus adjacent to Crossroads Mixed-Use. Moreover, multi-family dwellings will be a permitted use within the GW-MU zone.

If the project qualifies for a density bonus, the Project could be eligible for up to 27.5 percent increase of the maximum allowable density. If the Project provides additional affordable units at varying affordability levels, it could be eligible for additional density, up to a 50 percent increase.

Under the current zoning ordinance, since the Project is requesting 33.8 dwelling units per gross acre, the subject site will need to be rezoned to a different zoning classification to allow for the higher density. The applicant has proposed to rezone the Project site to R3 Multiple Family High Density Residential, which allows for 12-20 dwelling units per gross acre.

If the Project applies for formal entitlements prior to the adoption of the MGSP, the subject site will need to be rezoned to a different zoning classification to allow for the higher density.

If the Project applies for formal entitlements after the adoption of the MGSP, the site will be subject to the new development standards and related density allowances in place.

POLICY ALTERNATIVES:

This item is a Preliminary Review discussion of a conceptual project for Council feedback and direction. As such, no policy alternatives have been identified.

FISCAL IMPACT:

This item is a Preliminary Review discussion of a conceptual project. No fiscal impacts.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The item involves only feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded and does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors pursuant to Cal. Code Regs., tit. 14, § 15262. Upon submittal of a formal application, the Project will be subject to the California Environmental Quality Act (CEQA). After the application is deemed complete, staff will prepare an environmental document (Addendum to the Specific Plan EIR or Initial Study) to determine whether the Project will have a significant impact on the environment. Where significant impacts are identified, project mitigation will be required. Detailed mitigation measures will be identified based on the project specific proposal.

RECOMMENDATION:
(1) Receive presentations from staff and the applicant; (2) Receive public comment; and
Provide feedback on the Preliminary Review Application and staff’s recommendation on how to accommodate the Project through the Gateway-Main Street Specific Plan process.

ATTACHMENT(S):
(a) Preliminary Project Plans for “600 Valley Way”

ALLOWED AND PROPOSED DENSITY

DESIGNATION
CURRENT ZONING C2 (GENERAL COMMERCIAL)

LOT A - PROPOSED REZONING TBD
LOT B - PROPOSED REZONING R3 (MULTIPLE FAMILY HIGH

DENSITY RESIDENTIAL)

PROJECT PROPOSED DENSITY

PARCELS AND UNIT COUNT

PARCEL AREA (AC) UNIT COUNT (DU) DENSITY (DU/AC) COMMUNITY SERVING

SPACE/LEASING OFFICE (SQFT)
LOT A - AFFORDABLE HOUSING 1.6 140 87.5 2,600
LOT B - TOWNHOMES 5.62 104 18.5
TOTAL 7.22 244 33.8

PARKING

DEVELOPMENT PARKING SPACE
AFFORDABLE HOUSING 119
TOWNHOMES 208
GUEST PARKING ON SITE 25
TOTAL 352

0.85 2.00

1.44 ALLOWED DENSITY (DU/AC)
N/A
TBD

33.8 PARKING RATIO (SPACE/DU)

12.0-20.0

ALLOWED AND PROPOSED DENSITY

DESIGNATION
CURRENT ZONING C2 (GENERAL COMMERCIAL)

LOT A - PROPOSED REZONING TBD
LOT B - PROPOSED REZONING R3 (MULTIPLE FAMILY HIGH

DENSITY RESIDENTIAL)

PROJECT PROPOSED DENSITY

PARCELS AND UNIT COUNT

PARCEL AREA (AC) UNIT COUNT (DU) DENSITY (DU/AC) COMMUNITY SERVING

SPACE/LEASING OFFICE (SQFT)
LOT A - AFFORDABLE HOUSING 1.6 140 87.5 2,600
LOT B - TOWNHOMES 5.62 104 18.5
TOTAL 7.22 244 33.8

PARKING

DEVELOPMENT PARKING SPACE
AFFORDABLE HOUSING 119
TOWNHOMES 208
GUEST PARKING ON SITE 25
TOTAL 352

0.85 2.00

1.44 ALLOWED DENSITY (DU/AC)
N/A
TBD

33.8 PARKING RATIO (SPACE/DU)

12.0-20.0
10'
0'
N

THIS DOCUMENT CONTAINS INFORMATION
PROPRIETARY TO STUDIO T-SQ, INC. AND IS FURNISHED

IN CONFIDENCE FOR THE LIMITED PURPOSE OF
EVALUATION OR REVIEW. THIS DOCUMENT OR ITS

CONTENTS MAY NOT BE USED FOR ANY OTHER

PURPOSE AND MAY NOT BE REPRODUCED OR

DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN
CONSENT OF STUDIO T-SQ., INC. ALL RIGHTS RESERVED,
COPYRIGHT 2010.

The Sobrato Family Foundation
599 Castro Street, Suite 400, Mountain View, CA 94041
600 Valley Way
Milpitas, California
: Architecture
: 1970 Broadway Suite 480,
: Oakland, California 94612
: (510) 451 - 2850
: Planning
: Urban Design
Sheet Title:

Scale:

Job No. 22029
Drawn By:

Date:

Sheet No:

1" = 40'-0"
September 12, 2023

ALLOWED AND PROPOSED DENSITY

DESIGNATION
CURRENT ZONING C2 (GENERAL COMMERCIAL)

LOT A - PROPOSED REZONING TBD
LOT B - PROPOSED REZONING R3 (MULTIPLE FAMILY HIGH

DENSITY RESIDENTIAL)

PROJECT PROPOSED DENSITY

PARCELS AND UNIT COUNT

PARCEL AREA (AC) UNIT COUNT (DU) DENSITY (DU/AC) COMMUNITY SERVING

SPACE/LEASING OFFICE (SQFT)
LOT A - AFFORDABLE HOUSING 1.6 140 87.5 2,600
LOT B - TOWNHOMES 5.62 104 18.5
TOTAL 7.22 244 33.8

PARKING

DEVELOPMENT PARKING SPACE
AFFORDABLE HOUSING 119
TOWNHOMES 208
GUEST PARKING ON SITE 25
TOTAL 352

0.85 2.00

1.44 ALLOWED DENSITY (DU/AC)
N/A
TBD

33.8 PARKING RATIO (SPACE/DU)

12.0-20.0

PROJECT SUMMARY

VICINITY MAP SITE SUMMARY

DEVELOPMENT PROGRAM

PROJECT TEAM

PARKING

LANDSCAPE ARCHITECT / PLANNER
THE GUZZARDO PARTNERSHIP INC.

PIER 9, THE EMBARCADERO, SUITE 115
SAN FRANCISCO, CA 94111
CONTACT: NICK SAMUELSON
EMAIL: [email protected]
PHONE: (415) 941-2425

APPLICANT

THE SOBRATO ORGANIZATION
599 CASTRO STREET, SUITE 400
MOUNTAIN VIEW, CA 94041
CONTACT:

JEFFREY M. SOBRATO
EMAIL: [email protected]
PHONE: (408) 691-1125

TIM STEELE
EMAIL:[email protected]
PHONE: (408) 832-4200

ARCHITECT
STUDIO T-SQ, INC.
1970 BROADWAY , SUITE 408
OAKLAND, CA 94612
CONTACT: CHEK FONG TANG
EMAIL: [email protected]
PHONE: (510) 451-2850

CIVIL ENGINEER
KIER+WRIGHT
3350 SCOTT BOULEVARD, BLDG 22
SANTA CLARA, CA 95054
CONTACT: RYAN AMAYA
EMAIL: [email protected]
PHONE: (408)714-0678
PROJECT ADDRESS: 602, 538, 461 VALLEY WAY , MILPITAS, CA APN: 2228025, 2228024, 2228022
SITE AREA: +/- 7.22 ACRES
GENERAL PLAN LAND USE: GNC (GENERAL COMMERICIAL)
CURREN ZONING DESIGNATION: C2 (GENERAL COMMERCIAL)

PROPOSED REZONING DESIGNATION: R3 (MULTIPLE FAMILY HIGH DENSITY

RESIDENTIAL)
PROPOSED USE: RESIDENTIAL
PROPOSED TOTAL UNITS: 244 UNITS
PROPOSED DENSITY: 33.8 DU/AC

ALLOWED AND PROPOSED DENSITY
GENERAL:

1.0 PROJECT SUMMARY

1.1 EXISTING SITE PHOTOS

1.2 EXISTING SITE CONDITIONS

2.0 PRELIMINARY SITE PLAN
The 600 Valley Way project proposes to subdivide three (3) existing lots into two (2) parcels. Lot A, approximately 1.60 acres, is intended to be dedicated by the Silicon Valley Community Foundation to the City of Milpitas for future affordable apartment development, as described in Milpitas’ “Affordable Housing Ordinance (AHO) Number 297.” Lot B, approximately 5.62 acres, is intended to be rezoned for Townhomes Condominiums development under the proposed R3 (Multi-Family High-Density Residential) zone. In addition to the subdivision, the project will create the necessary easements for the proposed paseo/development and will vacate/quitclaim existing easements that are no longer needed.

The project envisions a residential development that enhances the local community by offering townhomes, affordable apartments, and interconnected community open spaces to foster a vibrant and diverse residential neighborhood. Situated at the intersection of West Calaveras Blvd and I-880 in the Calaveras Gateway neighborhood, this location offers strong connections to nearby employment centers, shopping districts, transportation hubs, schools, and recreational facilities.

This project falls under the Milpitas Gateway-Main Street Specific Plan which promotes residential infill in the Calavera Gateway neighborhood. In addition, it is designated as a “rezone site” for housing development in the recently adopted 2023-2031 Housing Element of the City of Milpitas. The project residential development aligns with the above city visions and policies and will significantly address the critical need for both market-rate and affordable housing in Milpitas. Therefore, the project proposes rezoning the site from its current C2 (General Commercial) zoning designation to appropriate zones and densities for future residential developments.

The project envisions approximately a total of 244 units on the entire site, with an average density of approximately 33.8 du/ac. It comprises the following two lots:
• Lot A - Affordable Apartments: approximately 140 units of rental affordable apartment housing, approximately 0.85 car per unit parking ratio. • Lot B - Townhomes Condominiums: Approximately 104 units of townhomes, with a maximum height of up to three stories in Type V-A construction. Each unit will have ‘tuck- under’ parking arrangements accessed by alleys, providing a 2-car per unit parking ratio.

Unit front doors will face green spaces, connected by walkways to the paseo and streets.

Approximately 2,600 square feet of Community Serving Space will be located at the southern end of the paseo to provide community amenities and leasing office function.

The project’s design prioritizes integration with the existing neighborhood fabric. Lower- density townhomes occupy the northern portion of the site, while higher-density apartments are situated in the southeast, ensuring a compatible density transition with the surrounding neighborhood. The orientation of both the townhomes and affordable housing minimizes exposure to noise from the freeway frontage and on-ramp. The site layout ensures ample setback and a landscape buffer from the neighboring residential neighborhood to the north, effectively preserving their privacy.

An integral aspect of the entire site plan is the central paseo, weaving through the site to provide opportunities for walking, running, passive recreation, and a sense of community.

This paseo also offers a pedestrian-friendly connection for the adjacent residential neighborhood to the existing retail center at S Abbitt Ave and W Calaveras Blvd.

Vehicle access to the site is via Valley Way, connecting to internal streets and alleys without impacting the adjacent surrounding neighborhood. Emergency vehicles will have access from Valley Way and Heath Street, facilitated by removable bollard control mechanisms.

PROJECT

SUMMARY

1.0 N
SITE

THE SOBRATO ORGANIZATION

5 2 6
3 7
4 8
1 10'
0'
N

THIS DOCUMENT CONTAINS INFORMATION
PROPRIETARY TO STUDIO T-SQ, INC. AND IS FURNISHED

IN CONFIDENCE FOR THE LIMITED PURPOSE OF
EVALUATION OR REVIEW. THIS DOCUMENT OR ITS

CONTENTS MAY NOT BE USED FOR ANY OTHER

PURPOSE AND MAY NOT BE REPRODUCED OR

DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN
CONSENT OF STUDIO T-SQ., INC. ALL RIGHTS RESERVED,
COPYRIGHT 2010.

The Sobrato Family Foundation
599 Castro Street, Suite 400, Mountain View, CA 94041
600 Valley Way
Milpitas, California
: Architecture
: 1970 Broadway Suite 480,
: Oakland, California 94612
: (510) 451 - 2850
: Planning
: Urban Design
Sheet Title:

Scale:

Job No. 22029
Drawn By:

Date:

Sheet No:

1" = 40'-0"

EXISTING SITE CONDITION - LOOKING SOUTH

SOUTH ABBOTT AVE

EXISTING SITE CONDITION - LOOKING NORTH

WEST CALAVERAS BLVD

EXISTING SITE CONDITION - LOOKING SOUTH

HEATH STREET - LOOKING SOUTH TO THE SITE

EXISTING HOTEL TO THE EAST OF SITE

SITE ENTRANCE ON VALLEY WAY
1 4
6 2
7 3
5 8

EXISTING SITE
PHOTOS

1.1 N
SITE
September 12, 2023

THE SOBRATO ORGANIZATION

10'
0'
N

THIS DOCUMENT CONTAINS INFORMATION
PROPRIETARY TO STUDIO T-SQ, INC. AND IS FURNISHED

IN CONFIDENCE FOR THE LIMITED PURPOSE OF
EVALUATION OR REVIEW. THIS DOCUMENT OR ITS

CONTENTS MAY NOT BE USED FOR ANY OTHER

PURPOSE AND MAY NOT BE REPRODUCED OR

DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN
CONSENT OF STUDIO T-SQ., INC. ALL RIGHTS RESERVED,
COPYRIGHT 2010.

The Sobrato Family Foundation
599 Castro Street, Suite 400, Mountain View, CA 94041
600 Valley Way
Milpitas, California
: Architecture
: 1970 Broadway Suite 480,
: Oakland, California 94612
: (510) 451 - 2850
: Planning
: Urban Design
Sheet Title:

Scale:

Job No. 22029
Drawn By:

Date:

Sheet No:

1" = 40'-0"


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EXISTING

SITE CONDITION

1.2 September 12, 2023

THE SOBRATO ORGANIZATION

10'
0'
N

THIS DOCUMENT CONTAINS INFORMATION
PROPRIETARY TO STUDIO T-SQ, INC. AND IS FURNISHED

IN CONFIDENCE FOR THE LIMITED PURPOSE OF
EVALUATION OR REVIEW. THIS DOCUMENT OR ITS

CONTENTS MAY NOT BE USED FOR ANY OTHER

PURPOSE AND MAY NOT BE REPRODUCED OR

DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN
CONSENT OF STUDIO T-SQ., INC. ALL RIGHTS RESERVED,
COPYRIGHT 2010.

The Sobrato Family Foundation
599 Castro Street, Suite 400, Mountain View, CA 94041
600 Valley Way
Milpitas, California
: Architecture
: 1970 Broadway Suite 480,
: Oakland, California 94612
: (510) 451 - 2850
: Planning
: Urban Design
Sheet Title:

Scale:

Job No. 22029
Drawn By:

Date:

Sheet No:

1" = 30'-0"
September 12, 2023

PRELIMINARY

SITE PLAN

2.0 COMMUNITY

SERVING SPACE/

LEASING OFFICE

ENTRY DRIVE
LOT B: +/- 5.62 AC
104 UNITS

TOWNHOME CONDOMINIUMS

HEATH ST

VALLEY WAY
LOT A: +/- 1.60 AC
140 UNITS

AFFORDABLE APARTMENTS
ALLEY
ALLEY
ALLEY
ALLEY
ALLEY
ALLEY
ALLEY

PLAY GROUND

TRANSFORMERS
TRASH

ENCLOSURE
PASEO
PASEO
TRASH

ENCLOSURE

PICNIC AREA
ALLEY
ALLEY

THE SOBRATO ORGANIZATION

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012) Category: Leadership and Support Services
Meeting Date: 11/14/2023
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items (3) Approve recommendations on certain Group 3 items as outlined in the Analysis section of this report.

BACKGROUND:

At City Council meetings, under the Announcements section, Members of the Council request items they would like the full Council to consider. These items are placed on a list for a future Council discussion and action. On January 19, 2021, at a Special City Council meeting, in order to streamline the process, Council provided direction to staff to bring forward individual Council agenda item requests to Council, for prioritization, on a quarterly basis.

On January 10, 2023, City Council approved a City Council Request Prioritization Policy which guides the prioritization process. As part of the January 10, 2023, approval, language was included in this Policy to remove items that had been recommended by prior members of the City Council unless a current City Councilmember chose to sponsor the continuation of those items.

The last prioritization was held on June 20, 2023. Since the beginning of this process, Council has reviewed nearly 200 items. Links to prior prioritization reports and minutes are included under Attachments.

ANALYSIS:

Staff is now bringing forward the next prioritization of items that were requested by Council between June 20, 2023, and November 7, 2023, including the status on items approved previously by Council.

As shown in Attachment 1, a total of 44 items, some of which were discussed during the prior prioritization discussion, have been grouped into four categories differentiated by level of effort and status of the agenda request as outlined below:

Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources (6 items).

Group 2 – Items that have not been initiated but will require less than 4 hours of staff work (7 items).

Group 3 – Items that are currently underway and/or already included in workplan (18 items).

Group 4 – Items that have been completed, postponed indefinitely, or withdrawn (13 items).

Prioritization Process
There are a total of 15 new items since June 20, 2023. Of these 15 items, six items are in Group 1, seven items are in Group 2, and two items are in Group 3.

Similar to the prior prioritization process, the new Group 1 agenda item requests are detailed in Attachment

2. Since these requests have not yet been discussed, staff has made an attempt to identify alignment with Council priority areas to the extent possible. As part of Attachment 2, staff provided a brief summary, which includes the lead and supporting departments, estimated resources and cost to complete the work, description of work effort, any actions taken to date, clarification or direction sought from Council, and other additional considerations including impacts on other workplan items. To the extent possible, staff sought clarification from members of the Council sponsoring the request; however, some items may still need additional clarification from the requesting Councilmembers. To facilitate Council prioritization, Group 1 items have been further categorized into three sub-groups: Ordinances and Policies, Projects and Programs, and Miscellaneous.

For the five Group 1 items, the total annual costs are estimated as follows:

Potential Ongoing Costs Potential One Time CostsItem
Low Range High Range Low Range High Range
CC01 – Charter City
Evaluation* $0 $0 $40,000 $40,000
CC02 – Affordable Housing
Ordinance Change $0 $0 $50,000 $75,000
CC03 – Potential Safe
Parking Site** TBD TBD $30,000 $30,000
CC04 – City Hall Entrance
Public Art $0 $0 $20,000 $40,000
CC05 – International
Festival on Main Street $4,000 $48,000 $0 $0
CC06 – Parade on Main
Street $65,000 $65,000 $0 $0
Total: $69,000 $113,000 $140,000 $185,000
* Costs for CC01 – Charter City Evaluation are for the evaluation process only. They do not include a potential citywide resident survey or the costs of a potential ballot measure. ** Costs for CC03 – Safe Parking is for the Phase I outreach only. If it is decided to implement a Safe Parking Program, additional ongoing and one-time costs would be presented to the City Council at a future date.

Since Group 2 items (see Attachment 1) require less than four hours of staff time, these items can be advanced without requiring a majority vote; however, Council may wish to provide additional input or direction on this item. For Group 3 items, which are underway and/or already included in staff workplans, staff provided an update in Attachment 1. A list of Items completed, postponed indefinitely or withdrawn, are presented as a separate attachment (Attachment 3).

Voting Process
In accordance with the adopted City Council Prioritization Policy, existing staff workload and the number of Group 1 items, staff proposes that the Council prioritize no more than two items.

Round 1
Each member of the Council will be asked to prioritize their top two items from Group 1. Councilmembers will receive hard copies to help them review and complete the preliminary prioritization, and electronic voting will be conducted on mobile devices.

All items receiving three or more votes will move forward. If the number of items receiving three or more votes is two or greater, the prioritization process will be deemed complete. If the number of items is less than two, the remaining items will be prioritized as described in Round 2.

Round 2
In case items receiving three or more votes are less than two in number, Councilmembers will be asked to prioritize the remaining items so as to develop a top two list. Each member of the Council will be given the number of votes equivalent to two minus the number of items prioritized for staff work at the completion of Round 1. For example, if after Round 1, the Council agreed on advancing one item, one additional item will require prioritization. Therefore, each Member of the Council will be asked to vote on one item. Any item receiving three or more votes will be added to the prioritized list. If the total number of items on the list is one or greater, the prioritization process will be deemed complete.

Additional Rounds, if needed
If the total number of prioritized items after Round 2 is less than two, all remaining items which received at least one vote will be prioritized through additional rounds of voting. Items which receive zero votes in a round will be eliminated from the subsequent round of voting.

Please note that any items that do not advance through this multi-step prioritization process will be removed from the active list and would have to be resubmitted through Announcements for the next prioritization discussion scheduled for September 2023.

Group 3 Items Needing Additional Council Direction
As discussed above, Group 3 items are those that are already underway and/or identified in staff workplans.

There is one Group 3 item that staff is recommending be deemed completed, although the program or project has not necessarily been implemented as originally intended. The below table provides a summary of this recommendation. This recommendation will be deemed as “approved” by Council upon City Council’s acceptance of this report, unless other direction is provided.

Item Recommended
Action
Explanation
CC20: Explore the policy for
locking mechanisms on
shopping carts for large
commercial businesses
Approve closure of
this work item
Given the challenges and potential expenses of
requiring existing owners install locking
mechanisms, staff is recommending closing
this item and focusing efforts on (1) the City of
Milpitas Cart Retrieval Program and (2)
requiring new developments to install locking
mechanisms.

Policy Alternative:

Not applicable
Fiscal Impact:

For four Group 1 items, the total annual ongoing costs are estimated to be $69,000 to $113,000 and one-time costs would range from $140,000 to $185,000. A breakdown of costs per item is included in the analysis section of this report. Based on Council direction, staff will consider prioritized items that require new funding as part of the FY 2024-2025 budget process.

California Environmental Quality Act:

This item is not a Project under CEQA in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as it can be seen with certainty that a general discussion of funding priorities by the City Council will not have a significant effect on the environment. Further, the item is also not a Project pursuant to CEQA Guidelines Section 15378(b)(4) as it is a government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Although the use of funding will be discussed, any project scope and potential environmental analysis would be speculative at this time, and future environmental analysis will be conducted for the potential projects prior to the City making any commitment or approval of any project.

Recommendation:

1. Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced.

2. Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items.

3. Approve recommendations on certain Group 3 items as outlined in the Analysis section of this report.

Attachments:

1. List of Councilmember Agenda Item Requests

2. Information on Group 1 items

3. List of Completed, Postponed Indefinitely, or Withdrawn Items

4. Links to Prior Prioritization Reports and Minutes
• March 16, 2021 Agenda and Minutes
• August 9, 2021 Agenda and Minutes
• January 11, 2022 Agenda and Minutes
• May 3, 2022 Agenda and Minutes
• September 6, 2022 Agenda and Minutes
• February 7, 2023 Agenda and Minutes
• June 20, 2023 Agenda and Minutes

Attachement 1
List of Councilmember Agenda Item Requests
No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.

Ordinances and Policies
1 Charter City Evaluation Phan 9/5/2023 Yes City Manager, City Attorney
Governenace &
Administration
November 2023 update: see attached writeup
2 Affordable Housing Ordinance Change Montano 9/5/2023 Yes Housing Neighborhoods & Housing
November 2023 update: see attached writeup
Projects and Programs
3 Potential Safe Parking Site Montano 6/20/2023 Yes Housing Neighborhoods & Housing
November 2023 update: see attached writeup
4 City Hall Entrance Public Art Montano 9/5/2023 Yes Recreation & Community Services
Community
Wellness & Open
Space
November 2023 update: see attached writeup
5 Main Street International Festival Lien 10/3/2023 Yes Recreation & Community Services
Community
Wellness & Open
Space
November 2023 update: see attached writeup
6 Parade on Main Street Montano 11/7/2023 Yes Recreation & Community Services
Community
Wellness & Open
Space
November 2023 update: see attached writeup
Miscellaneous
None
Group 2 – items that have not been initiated but will require less than 4 hours of staff time 7 Evaluation of Milpitas Sports Center for additional indoor pickleball location
Chua 8/2/2023 No Recreation & Community
Services
Community
Wellness & Open
Space
November 2023 update: Staff will perform this preliminary evaluation by November 2023 and provide the response in an email to the Mayor and City Council.
8 Evaluation of Facilities that are not named and CIP
Program Update
Phan 9/19/2023 No City Manager Community
Wellness & Open
Space
November 2023 update: Staff will develop an informational memorandum regarding the naming of faclities, including un-named current and future facilities. Additionally, staff will (1) continue to include capital project status in weekly reports to the Mayor and City Council and (2) Include a status of capital projects in the upcoming Capital Improvement Program study session in early 2024.
9 Explore Ordinance for Residential Home Solicitors Barbadillo 10/3/2023 No City Attorney Public Safety November 2023 update: The City Attorney's Office will review options and provide the City Councilmembers with briefings. If these briefings result in a desire for a more thorough review or work effort, staff suggests that this item be prioritized at a future city council prioritization meeting. 10 Retail Theft: Provide review of what is being worked on locally versus State
Barbadillo 10/3/2023 No Police Public Safety November 2023 update: The Police Department will review options and provide the City Councilmembers with briefings. If these briefings result in a desire for a more thorough review or work effort, staff suggests that this item be prioritized at a future city council prioritization meeting. 11 Provide Information on City's Grey Water Rebate
Program and Options
Montano 10/17/2023 No Public Works Environment November 2023 update: The City of Milpitas currently partners with Valley Water to match Valley Water's existing $200 homeowner rebate for grey water system installation with an additional $200 for a total potential rebate of $400. Current participations from City of Milpitas residents in this program is very low due to the expense and return of investment on a grey water system, as opposed to the more popular lawn conversion rebate programs. Staff will provide an informational memorandum to the Mayor and City Council with further details on this program.

Attachement 1
List of Councilmember Agenda Item Requests
12 Police Chief to have staff complete analysis if, working with the County, it would be beneficial to have a location where residents can pickup Narcan
Chua 9/5/2023 No Police Public Safety November 2023 update: Staff will provide an update on this analysis to the Mayor and City Council by the end of 2023.
13 Recreation & Community Services Depatrment to Review of potentially returning additional programs for Bingo
and Senior Trips
Chua 11/7/2023 No Recreation Community
Wellness & Open
Space
November 2023 update:

Bingo: Senior Center Bingo participation had reduced drastically before the pandemic with an average of 20 people per session. Contributing factors could have been the normal loss of participants due to moving away, moving into care homes, and/or the opening of Milpitas Charity Bingo. Staff has heard from some seniors that the buy-in costs at Charity Bingo are too expensive. Recreation program staff is currently investigating the option of renewing the City’s Bingo License and potentially bringing back the program opportunity utilizing volunteers. Staff will report back to the City Council once this analysis is completed.

Trips: The Senior Center has monthly meetup trips at local destinations.

There is also the “Foodie Club” which is an open club of senior center members that meet once a month at a Milpitas restaurant. The large Senior Center Bus that was previously used to transport Seniors to these destinations is has been de-commissioned as it met the end of it’s useful life.

The City has funding for a new van. Once this new van is purchased, staff will resume a hybrid trip program that will both meet up with seniors who can drive and transport seniors who cannot to destinations. Given overall nationwide fleet procurement challenges, it is anticipated that the purchase of this van would take up to 9 months.

Group 3 - Items that are currently underway and/or already included in workplan 14 City Employment Job Fair at City Hall Chua 5/2/2023 No Human Resources Governenace & Administration
November 2023 update: Staff will coordinate with an upcoming community event to staff a table to promote employement opporutnities within the City of Milpitas.

June 2023 update: Staff is evaluating synergies with existing Economic Devlopment activities and endeavors to which recruiting efforts can be incorporated and creates space for multiple events throughout the year increasing overall exposure to local talent.

15 Look into possibility of Senior citywide discount from all Milpitas businesses.

Barbadillo 2/7/2023 Yes City Attorney/City
Manager
Community
Wellness & Open
Space
November 2023 update: Staff have begun preliminary investigation into alternatives and staff anticipates being able to frame potential options and next steps more thoroughly by early 2024.

June 2023 update: see attached writeup
16 Satellite Consulate Office Montano 2/28/2023 Yes Economic Development Economic Development &
Job Growth
November 2023 update: The Office of Economic Development is coordinating with the Recreation & Community Services team and the Phillippine Consulate General (San Francisco) to coordinate an outreach event at the Milpitas Community Center. The current target date for this outreach is a Saturday in January 2024.

June 2023 update: see attached writeup
No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
17 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center
Chua 9/20/2022 Yes Recreation & Community
Services
Community
Wellness & Open
Space
November 2023 update: Staff is conducting a Teen Center User Survey with the teens of Milpitas ages 12 - 18. Feedback from this survey is anticipated to be completed by mid November 2023.

June 2023 update: A Teen Center Survey has been released and is currently gathering responses. It is anticipated that data on the use of the center and/or its programs relative to it's proximity to home and/or school, and the type of programming desired will provide the input needed for the resolution to this request.
18 City Manager to look into implementing a workshop for small businesses on the bidding process for projects in the city.

Chua 8/9/2022 Yes City Manager/Economic
Development/Public
Works/Engineering
Economic
Development &
Job Growth
November 2023 udpate: Staff presented in August to the Economic Devleopment and Trade Commission. Feedback was received regarding the need for more thorough metrics regarding current local business partipation and goals of the program.

June 2023 update: Staff was scheduled to provide a report to the Economic Development and Trade Commission on June 12, 2023 however that meeting with postoned due to lack of quorum. Staff will present to the Commission at the next avaialble date. Further analysis on options and alternatives to connect more local and local small City of Milpitas businesses to our procurement processes will continue through 2023. 19 Discuss converting vacant lot that was a basketball court into a community garden at Vasona and Adobe.

Montano 8/16/2022 Yes Recreation & Community
Services/Engineering
Community
Wellness & Open
Space
November 2023 update: As the survey was completed, this item is on hold pending potential future capital budget allocation.

June 2023 update: Staff conducted a survey of residents within an 800 foot radius from Adobe Ave., asking for feedback on potential recreational improvements to the area. Notification was sent via postcard to individual homes, NextDoor, Facebook, and Instagram. The survey was out for 3 weeks and 43 responses were received. Of those received, 16 identified themselves as living in the Adobe Ave/Vasona St. Neighborhood. The majority of residents currently use Adobe Ave to walk to school (Curtner Elementary) and as a pedestrian trail for fitness. Survey takers responded most favorably to turning the area into a parklet with some benches and greenery, followed by interest in a community garden. Residents indicated some concern over new uses of the area creating a noise and loitering issue in the neighborhood. Staff will present consolidate responses to the Mayor and City Council to receive further direction at the next priority setting meeting.

There is currently no budget
allocation for improvements to
this area. Should the City Council
want to move forward with this
priority request in response to
survey input, direction on the
type of improvements are
needed so staff can conduct an
estimate of costs for those
improvements and present this
in a future budget process.
20 Police Substation Feasibility Analysis in Metro Area Montano 2/28/2023 Yes Engineering Public Safety November 2023 update: Feasibility study for PD substation on City Parcels 2 and 3 at Main Street is underway. An informational memorandum with costs developed in the study is planned to be released in October or November 2023.

Prior update: Feasibility study for PD substation on City Parcels 2 and 3 at Main Street is underway and is anticipated to be completed by December 2023. Staff is also exploring alternative location for the substation.

No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
21 Pickleball Pilot Project Chua 2/28/2023 Yes Recreation & Community Services
Community
Wellness & Open
Space
November 2023: Staff is currently engaged in a communtiy outreach process to determine the potential uses of the City Council allocated $100,000 to create a permanent pickleball opportunity in Milpitas. Staff anticipates returning to the City Council with a recommendation on this prior to the end of 2023. *Recently the tennis community has engaged of the tennis around this project topic, and so staff anticipates returning to City Council with a recommendation after the first of the year.* June 2023 update: The Pickleball Pilot program concludes at the end of July.

Due to it's documented success, City Council has provided budget allocations of $100,000 for permanent pickleball courts. Until such time as the court system(s) are in place, pickleball will continue as operating at Hall Park Tennis Courts and Gill Park Handball courts. Additionally, staff will work to phase out Pickleball at the Browne Tennis Courts, based on feedback by City Council at the approval of the Pickleball Pilot Program. 22 Main Street Infrastructure Projects Montano 2/28/2023 Yes Engineering Transportation & Transit
November 2023 update: As part of the 2023 Federal appropriations process, $500,000 of the requested $2.1 million was received for the Main Street lighting project. Staff will work with federal and state represenatives to review options for use of this funding over the next several months (often it takes several months after the budget is passed in order for staff to be able to work with the Federal Agency repsonsible for use of funds received).

Prior update: As part of the 2023 State and Federal appropriations processes, both State Assemblymember Alex Lee and Federal Represenative Ro Khanna have requested funding for Main Street infrastructure improvements. Further information on whether these appropriation requests are apporved will be avaialble in late 2023.
23 Main Street Flooding at Library Chua 2/28/2023 Yes Public Works Environment November 2023 update: Staff is reviewing the Technical Memo regarding removal of the weir wall at the Wrigley Ford Pump Station. Once confirmed there would be no adverse impacts to the pump station/trash rack operations, staff will schedule construction to remove the weir wall.

June 2023 update: Staff will continue to explore short-term mitigation as part of the FY 23/24 CIP program. Funds have been budgeted in FY 23/24 for the possible replacement/removal of the flap gate, should that be determined to be a viable option. Furthermore, three very small CIPs to address existing undersized pipes have been identified in the Downtown Specific Plan area which could improve flow. Those will be investigated as well in FY 23/24.

No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
24 Create a plan for future solar paneling at City facilities Montano 3/1/2022 Yes Public Works Environment November 2023 update: Staff have recieved word that our request for Federal funding for this project was not selected to move forward. Staff are continuing to look for other sources of funding or other grants for the Public Safety/Public Works solar/battery microgrid project.

June 2023 update: As part of the 2023 Federal appropriations process, the City has requested for funding for solar panels and a microgrid system at the Police, Public Works, IT Building. Both Senators Feinstein and Padilla have moved this request to the Federal appropriations committee. Further information on whether this request receives funding will be available in late 2023.

Prior Updates: As discussed with the City Council at the 1/31/2023 Budget Study Session, staff will continue to explore grant opportunities to install additional solar panels on City facilities. However, staff will only proceed with further development if this grant funding is identified so work (other than reviewing grant opportunies) is on hold at this time. Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at the 5/03/2022 meeting; Discussed at the May 10 budget meeting and approved funding of $25,000 in the 2022-23 budget. Discussed at 1/31/2023 Budget Study Session, Council directed staff to seek grant funding to move this item forward.
25 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking areas Chua 4/5/2022 Police, Economic
Development
Public Safety November 2023 update: The City has seen a reduction of auto burglaries in City of Milpitas shopping centers. Police will continue to collaborate with those shopping centers and business owners that are receptive and will continue to conduct proactive patrols of shopping centers, and will continue to work with regional law enforcement partners by sharing information and working together to identify and arrest criminals affecting our retail sites.

June 2023 update: Security measures can be mandated for new or renevating development projects but cannot be mandated for existing businesses. The Police Department has taken action to partner with existing businesses, including McCarthy Ranch and the shopping center at Barber Lane with regard to educaton and deterance, including placement of signage and cameras.

Prior updates: CAO conducting legal review of policies requring businesses to hire security/install cameras . Item will be brought forward as part of the next City Council additional workplan items prioritization in August/September
Additional Staff Resources and
Funding Needed
No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
26 Evaluate reopening the childcare center with a non-profit organization running the center
Montano 2/1/2022 Recreation & Community
Services
Community
Wellness & Open
Space
November 2023 update: City staff have performed preliminary evaluations of the Sal Cracolice and Milpitas Communtiy Center Facilities. Based on these preliminary evaluations, significant challenges would likely deter the improvements required to become a licensed childcare facility. However, as a next step, staff will be reaching out to a non profit partner and/or the Santa Clara County Office of Education to receive a third party opinion on staff's preliminary evaluation.

June 2023 update: Staff are currently working on this request, identifying the improvements to the Sal Cracolice Recreation Facility that would be required for a licensed childcare provider to operate in the building.

Prior updates: No additional funds required to complete the internal review. Internal review can be done by late 2023. Approved during Spring Quarterly City Council Workplan Items Prioritization Discussionon 5/03/2022.
27 Have a picture of Albert Vogel Sr. put up in the Senior Center & Include Maria Lemire on the Mural in front of
the Senior Center
Montano 10/19/2021 &
8/17/2021
Recreation & Community
Services
Community
Wellness & Open
Space
November 2023 udpate: At this time, staff is proceeding with the original city council approved names - Maria Lemery and Albert Vogel - to add to the mural. Additional names would require City Council direction.

June 2023 update: The approved CC request included to add Maria Lemery and Albert Vogel to the Mural at the Senior Center. Staff has spoken to the artist and confirmed that additional images would not fit with the existing piece. However, due to the location of the current mural, additional mural panels featuring additional people could be added to the senior center entry way. Staff received interest from Mayor Montano to add Joanne Souza to this request.

Prior updates: No additional funding needed. Need final names from City Council. . Approved to move forward at the 1/11/2022 Council meeting; Staff engaged the artist of the existing mural regarding this Council approved item.
28 Memorial Plaque in honor of youth skateboarder that
passed away
Montano 6/7/2022 Recreation & Community
Services
Community
Wellness & Open
Space
November 2023: Staff will reach out to the family in Fall to start the process to identify the location and plaque wording.

June 2023 update: This request was approved as part of the FY23-24 Budget. Staff will begin working with the family in Fall 2023.

Prior update: At the January 31 2023 City Council budget hearing, City Council votes to consider this item in the FY 2023-24 budget development. .

Item will be brought forward as part of the next City Council additional workplan items prioritization in August/September .
29 Present Quarterly or Monthly crime statistics on the Homekey Project
Chua 6/7/2022 Housing Neighborhoods &
Housing
November 2023 update: In September 2023, the the City and project partners began a monthly stakeholder meeting on this topic.

Prior update: Next presentation is scheduled for June 20, 2023 City Council meeting. Quarterly reporting started in August 2022.
30 Staff to create a plan on how to increase the number of local businesses doing business with the City
Chua 4/6/2021 Economic Development Economic
Development &
Job Growth
November 2023 update: See update to prior item titled "City Manager to look into implementing a workshop for small businesses on the bidding process for projects in the city."
Prior updates: See update to prior item titled "City Manager to look into implementing a workshop for small businesses on the bidding process for projects in the city." At the 8/9/2021 Council meeting, Council voted that this item may have to come back for additional discussion because there may be some legal considerations. City Attorney to weigh in.

No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs