Agenda packet — Milpitas City Council, March 5, 2024 (part 2 of 2)

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (Staff Contact: Roberto Alonzo, Public Works Division Manager - Engineering, 408-586-3316)
Category: Consent Calendar-Community Development
Meeting Date: 3/5/2024
Recommendation: Adopt a resolution initiating proceedings for the annual levy and collection of assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch)
BACKGROUND:

On May 2, 1995, the City Council completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, establishing the Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (LLMD 95-1) to provide for improvement and maintenance of public landscaping, irrigation, pedestrian lighting, gateway columns and entry signs along portions of North McCarthy Boulevard and the Ranch Drive gateway between State Route 237 and Dixon Landing Road as shown on the accompanying location map.

ANALYSIS:

The Landscaping and Lighting Act of 1972 requires adoption of a resolution directing preparation of the annual engineer’s report evaluating LLMD 95-1 maintenance and improvement costs and generally describing any proposed new improvements or any substantial changes in existing improvements. At subsequent meetings, the City Council will be asked to approve the completed engineer’s report and to schedule a public hearing for the proposed assessment in May and June 2024. Upon City Council approval, the assessment for the maintenance and improvement work will be added to the 2024-25 property tax bills of property owners within the boundaries of LLMD 95-1.

POLICY ALTERNATIVE(S):

Alternative 1:

Not adopt a resolution initiating proceeding for the annual levy and collection of assessments and ordering the preparation of the annual engineer’s report for LLMD 95-1.

Pros: None
Cons: The Landscaping and Lighting Act of 1972 requires the legislative body adopt the resolution, therefore not adopting the resolution would jeopardize the City’s ability to collect assessments for the maintenance and upkeep of LLMD 95-1.

Reason not recommended: To allow for the continued maintenance for LLMD 95-1, staff recommends ordering the preparation of the annual engineers’ report to begin the proceedings for the levy and collection of assessments for fiscal year 2024-25.

FISCAL IMPACT:

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The levy and collection of assessments provides a funding resource for the City to improve and maintain public landscaping, irrigation, pedestrian lighting, gateway columns and entry signs within LLMD 95-1.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Levy and collection of assessment is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:

Adopt a Resolution Initiation Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch).

ATTACHMENT(s):
1) Location Map
2) Resolution

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CITY OF MILPITAS
LANDSCAPING MAINTENANCE DISTRICT (LMD) 95-1
(N.T.S.)
2024-2025 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE

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RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS, INITIATING

PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 (MCCARTHY RANCH) FOR FISCAL YEAR 2024/25, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT, AND MAKING CERTAIN FINDINGS

RELATED THERETO
WHEREAS, on May 2, 1995, the City Council (the “City Council”) of the City of Milpitas (the “City”) completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (the “Maintenance District”), for the purpose of paying for the installation, construction, maintenance and/or servicing of certain improvements authorized under the Act, and incidental expenses in connection therewith (collectively, the “Improvements”); and WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Maintenance District; and
WHEREAS, the City has retained NBS Government Finance Group as assessment engineer for the purpose of assisting with the annual levy of the Maintenance District, and the preparation and filing of a report in accordance with Section 22565, et seq., of the Act (the “Engineer’s Report”); and WHEREAS, pursuant to Section 22622 of the Act, the City Council wishes to initiate proceedings to provide for the levy of assessments for Fiscal Year 2024/25 in order to provide funding for the necessary costs and expenses pertaining to the maintenance of the Improvements within the Maintenance District.

NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2. Engineer’s Report: The City Council hereby orders NBS Government Finance Group to prepare and file with the City Clerk the Engineer’s Report concerning the levy and collection of assessments within the Maintenance District for the fiscal year commencing July 1, 2024, and ending June 30, 2025, in accordance with Section 22565, et seq., of the Act.

3. New Improvements or Changes to Existing Improvements: There are no changes to existing Improvements nor are there any items being added to the list of Improvements previously approved at the formation of the Maintenance District.

PASSED AND ADOPTED this _____ day of _________, 2024 by the following vote:

AYES:

NOES:

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2 Resolution No. ___
ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Michael Mutalipassi, City Attorney

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (Staff Contact: Roberto Alonzo, Public Works Division Manager - Engineering, 408-586-3316)
Category: Consent Calendar-Community Development
Meeting Date: 3/5/2024
Recommendation: Adopt a resolution initiating proceedings for the annual levy and collection of assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon).

BACKGROUND:

On June 16, 1998, the City Council completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, establishing the Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (LLMD 98-1) to provide for improvement and maintenance of public landscaping, irrigation, and pedestrian walking path adjacent to Sinclair Frontage Road and Los Coches Creek abutting the Sinclair Horizon residential subdivision as shown in the accompanying location map.

ANALYSIS:

The Landscaping and Lighting Act of 1972 requires adoption of a resolution directing preparation of the annual engineer’s report evaluating LLMD 98-1 maintenance and improvement costs and generally describing any proposed new improvements or any substantial changes in existing improvements. At subsequent meetings, the City Council will be asked to approve the completed engineer’s report and to schedule a public hearing for the proposed assessment in May and June 2024. Upon City Council approval, the assessment for the maintenance and improvement work will be added to the 2024-25 property tax bills of property owners within the boundaries of LLMD 98-1.

POLICY ALTERNATIVE(S):

Alternative 1:

Not adopt a resolution initiating proceeding for the annual levy and collection of assessments and ordering the preparation of the annual engineer’s report for LLMD 98-1.

Reason not recommended: To allow for the continued maintenance for LLMD 98-1, staff recommends ordering the preparation of the annual engineers’ report to begin the proceedings for the levy and collection of assessments for fiscal year 2024-25.

Fiscal Impact:

The levy and collection of assessments provides a funding resource for the City to improve and maintain public landscaping, irrigation, and pedestrian walking path within LLMD 98-1.

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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Levy and collection of assessment is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:

Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon).

ATTACHMENT(s):
1) Location Map
2) Resolution

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CITY OF MILPITAS
LANDSCAPING MAINTENANCE DISTRICT (LMD) 98-1
(N.T.S.)
2024-2025 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE S T

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RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS, INITIATING

PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 (SINCLAIR HORIZON) FOR FISCAL YEAR 2024/25, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT, AND MAKING CERTAIN FINDINGS

RELATED THERETO
WHEREAS, on June 16, 1998, the City Council (the “City Council”) of the City of Milpitas (the “City”) completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (the “Maintenance District”), for the purpose of paying for the installation, construction, maintenance and/or servicing of certain improvements authorized under the Act, and incidental expenses in connection therewith (collectively, the “Improvements”); and WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Maintenance District; and
WHEREAS, the City has retained NBS Government Finance Group as assessment engineer for the purpose of assisting with the annual levy of the Maintenance District, and the preparation and filing of a report in accordance with Section 22565, et seq., of the Act (the “Engineer’s Report”); and WHEREAS, pursuant to Section 22622 of the Act, the City Council wishes to initiate proceedings to provide for the levy of assessments for Fiscal Year 2024/25 in order to provide funding for the necessary costs and expenses pertaining to the maintenance of the Improvements within the Maintenance District.

NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:

PASSED AND ADOPTED this ______ day of __________, 2024 by the following vote:

AYES:

NOES:

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2 Resolution No. ____
ABSENT:

ABSTAIN:

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Award IFB 24-056 and Authorize the City Manager to Execute the Purchase Order with Econolite Control Products, Inc. in the amount of $100,017.01 for the Purchase of Traffic Detection Controllers, Cabinets, and Battery Backup Systems (Staff Contact: Christian Di Renzo, Public Works Director, 408-586- 2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 3/5/2024
Recommendation: Award IFB 24-056 and authorize the City Manager to execute the purchase order with Econolite Control Products, Inc. in the amount of $100,017.01 for the purchase of traffic detection controllers, cabinets, and battery backup systems.

BACKGROUND:

The Public Works Department is responsible for the repairs, replacement, and improvements to streetlights, signage, and traffic control devices. Funding is programmed annually in CIP 3440 – Annual Street Light, Signal, and Signage project for the purchase and phased replacement of traffic detection controllers, cabinets, and battery backup systems in order to improve traffic safety and operations citywide.

On November 7, 2023, the City Council authorized the City Manager to enter into a funding agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for grant funds from the 2010 Measure B Vehicle Registration Fee Countywide Program. The City gathered equipment cost estimates and further negotiated with VTA to mutually agree on a project award of up to $120,000.00 for the purchase of traffic detection controllers, cabinets, and battery backup systems for City traffic signals to support multi-modal operations on Tasman Drive (between I-880 and McCarthy Boulevard) corridor. This amount also includes a 10% administration fee which will support the oversight and administration of this project. The grant expires on December 31, 2024.

ANALYSIS:

On January 9, 2024, the City’s Purchasing Division released Invitation for Bid (IFB) No. 24-056 for the purchase of traffic detection controllers, cabinets, and battery backup systems. The IFB outlined the City’s need for these controllers, cabinets, and battery backup systems, as well as associated parts, materials, and components, for their successful implementation in the field.

The IFB was publicly noticed in accordance with the City’s Municipal Code, advertised on the City’s website, and emailed to companies registered with the City via OpenGov.com, the City’s eProcurement system. One (1) bid was received by the published closing date of February 6, 2024. The bid received was reviewed by Purchasing staff for compliance and responsiveness and accepted. Econolite Control Products, Inc. submitted a base bid in the amount of $100,017.01

Staff recommends that the City Council authorizes the City Manager to execute the purchase order with Econolite Control Products, Inc. in the amount of $100,017.01 for the purchase of traffic detection controllers, cabinets, and battery backup systems.

POLICY ALTERNATIVE(S):

Alternative 1: Do not award IFB 24-056 to Econolite Control Products,Inc.

Pros: None.

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Cons: If the purchase of traffic cameras is not awarded to Econolite Control Products, Inc., staff would have to rebid the project with little expectation of different results, further delaying the installation of traffic signals to support multi-modal operations on Tasman Drive (between I-880 and McCarthy Boulevard) corridor.

Reason for Not Recommending: Installation would be further delayed resulting in less than efficient traffic operations.

FISCAL IMPACT:

The City will receive up to $120,000 (on a reimbursement basis) for the purchase and implementation of traffic detection controllers, cabinets, and battery backup systems for City traffic signals to support multi-modal operations on Tasman (between I-880 and McCarthy Boulevard) corridor, including 10% to support the City’s administration of the project. The money will be appropriated in CIP 3440 Annual Street Light, Signal, and Signage project.

California Environmental Quality Act (CEQA):

The project entails the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301.

RECOMMENDATION:

Award IFB 24-056 and authorize the City Manager to execute the purchase order with Econolite Control Products, Inc. in the amount of $100,017.01 for the purchase of traffic detection controllers, cabinets, and battery backup systems.

Attachment(s):

1. Bid Results

2. City of Milpitas Purchase Order Terms and Conditions for Equipment

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PURCHASING DIVISION
IFB FOR: Purchase of Traffic Cabinets,
Controllers, and Battery Backup Systems
IFB NO: 24-056
DUE DATE: February 6, 2024
BUYER: S. Pietrobono
Econolite Control Products, Inc.
1250 N. Tustin Ave.

Anaheim, CA 92807
1 2 3 4 5 6 7
Base Bid (if applicable) $100,017.01

* Disqualified – Reason
**BID AWARD IN PROGRESS** City Council Date: (N/A)
AWARD TO: (Put in company name) Lowest Most Responsive, Responsible Bidder Meeting Specifications CODE KEY: INA = Information Not Available NS = Not Stated NB = No Bid DY = Days WK = Weeks HR = Hours

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38077.00180\29085216.4 C2

CITY OF MILPITAS - PURCHASE ORDER (EQUIPMENT AND MATERIALS)

PURCHASE ORDER TERMS AND CONDITIONS FOR EQUIPMENT AND MATERIALS

1. Acceptance. This purchase order for equipment and
materials issued by the City of Milpitas (“CITY”) to the Vendor designated in the purchase order must be promptly accepted and acceptance is expressly limited to the terms of this order.

Any additions or different terms in the Vendor's forms are hereby deemed to be material alterations and notice of
objection to them and rejection of them is hereby given.

Vendor's shipment of goods in response to this order shall be considered acceptance by the Vendor.

2. Entire Agreement. Unless Vendor and CITY have entered into a separate written contract covering the purchase of the goods described herein, the entire contract between the parties consists of this order and the Vendor's acceptance as above stipulated, and said contract shall not be changed or added to except in writing signed by authorized
representatives of each party.

3. Price. The price invoiced for the goods on this purchase order shall be no higher than the price stated on the front of this purchase order unless prior notification is received from Vendor prior to shipment and the change is accepted by
CITY. If the Vendor's established price for any item upon the date of delivery shall be lower than the price shown on this purchase order, CITY shall have the benefit of such lower price. Vendor shall deliver to CITY all invoices within 30 days of shipping or service delivery.

4. Payment. Payments will be made net 30 days unless
otherwise specified as per agreements regarding discount terms. The period of computation will commence on the date of receipt of a correctly completed invoice. Payment may be withheld, in whole or in part, due to deficiencies in Vendor’s performance. Payment of an invoice by CITY shall be
without prejudice to any and all claims CITY may have
against Vendor in connection with such goods. Invoices are paid on a weekly basis and such practice may result in minor deviations from payment terms otherwise cited herein.

5. Time of the Essence. Time is of the essence on this order.

If delivery is not made in the quantity or quantities and at the time or times specified, CITY shall have the right, at its option, to cancel the entire order or that part of same not so delivered. If CITY accepts delayed delivery the time of payment shall be extended accordingly.

6. Delivery and Acceptance. Vendor expressly warrants that any article, material or work is free and clear of all liens and encumbrances whatsoever, and that Vendor has good and
marketable title to same. Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. destination. No charge will be allowed for packing, crating, freight, express or other carrier's charges, or cartage, unless specifically agreed to by CITY. Title to equipment and materials
purchased hereunder shall pass to Vendor at the designated F.O.B. point, subject to Vendor’s right to inspect and reject or revoke acceptance.

7. Warranty. Vendor warrants for a period of 12 months following start of use or 18 months from receipt, whichever occurs first, that the goods described herein will be free of defects in workmanship, design, materials, and title, and notwithstanding anything herein to the contrary, will conform to all applicable proposals, specifications, instructions, drawings, data, descriptions, and samples, and will be of good and merchantable quality and fit and sufficient for the purpose intended. Vendor shall obtain and provide to CITY Material Safety Data Sheets (MSDS) for each product that contains hazardous substances as defined by CalOSHA. ..

8. Rejection of Goods. CITY shall have the right, at its option, to reject or revoke acceptance of any goods which do not conform to these warranties or to the specifications. In case of such rejection or revocation of acceptance,
transportation of the rejected goods, both to and from CITY, shall be at the expense of Vendor, said rejected goods are not to be replaced except upon specific instruction from CITY, and CITY shall have the right at its option to cancel the remainder, if any, of the order, by notice to Vendor at the time notice is given of rejection or revocation of acceptance.

Vendor shall be liable to CITY for all damages proximately caused by breach of any of the foregoing warranties,
including incidental damages but excluding special or
consequential damages.

9. Returns. CITY reserves the right to return for full credit any excess over quantity called for in any order or orders.

Vendor to bear the cost of transportation both ways.

10. Force Majeure. Vendor shall not be held responsible for failure or delay in shipping nor CITY for failure or delay in accepting goods described herein if such failure or delay is due to act of God, war, federal or state legislation or any regulations or orders, fire, accident, or other causes, either similar or dissimilar to the foregoing, beyond their control. In the event of any such excused interference with shipments, CITY shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in these terms and conditions.

11. Additional Fees. Unless otherwise required by law or provided herein, Vendor assumes exclusive liability for, and shall pay before delinquency, all sales, use, excise and other taxes, charges or contributions of any kind now or hereafter imposed on or with respect to, or measured by the article sold or material or work furnished hereunder on the wages,
salaries or other remunerations paid to persons employed in connection with performance of this order.

12. No Waiver. No exercise by CITY of its rights hereunder shall constitute a waiver of any rights it may have for breach of contract. CITY's waiver of or failure to enforce its rights on account of Vendor's failure or delay in performing any
obligation of Vendor hereunder, or on account of Vendor's breach of contract in any respect, shall not constitute a waiver of any subsequent failure, delay or breach.

13. Compliance with Law. Vendor shall comply with all
applicable laws and regulations of the federal, state and local government. CITY shall assist Vendor, as requested, in obtaining and maintaining all permits required of Vendor by Federal, State and local regulatory agencies. Vendor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq.
(“Prevailing Wage Laws”), which require the payment of
prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects. If the Work is being performed as part of an
applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Vendor agrees to fully
comply with such Prevailing Wage Laws. Vendor shall
defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Any stop orders issued by the Department of Industrial

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38077.00180\29085216.4 C2

CITY OF MILPITAS - PURCHASE ORDER (EQUIPMENT AND MATERIALS) Relations against Vendor or any subcontractor that affect Vendor’s performance of services, including any delay, shall be Vendor’s sole responsibility and Vendor shall indemnify CITY from liability arising out of the same. It shall be mandatory upon the Vendor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor
Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code
Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of
contractors and subcontractors (Labor Code Sections
1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code
section 1771.4 and to be registered with the Department of Industrial Relations shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1771.4, 1725.5 and 1771.1.

14. Insurance. Vendor shall take out and maintain: A.

Commercial General Liability Insurance, of at least
$1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; B. Automobile
Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired
vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent
Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); C. Workers’
Compensation in compliance with applicable statutory
requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and D. Pollution Liability
Insurance of at least $1,000,000 per occurrence and
$2,000,000 aggregate shall be provided by those Vendors transporting hazardous materials. Insurance carriers shall be licensed to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A:VII" rating according to the latest Best Key Rating unless otherwise approved by CITY.

VENDOR SHALL ENSURE THAT THIRD PARTY

SHIPPERS CONTRACTED BY VENDOR HAVE
ADEQUATE INSURANCE COVERAGE. If attached, Vendor
shall refer to Exhibit “A” – Insurance Requirements, for further insurance requirements applicable to Vendor.

15. Indemnification. The Vendor shall indemnify and hold harmless CITY, its officials, officers, agents and employees from and against any and all claims, liabilities, expenses or damages, including attorneys’ fees, for injury or death of any person, or damage to property, or interference with use of property, or patent infringement or fees for use of patented items, or any claim of the Vendor or sub-contractors for wages or benefits which arise in connection with the sale, delivery and/or installation of equipment or materials, except to the extent caused or resulting from the negligence or willful misconduct of CITY. The foregoing indemnity
includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to CITY and CITY’s attorneys’ fees incurred in such an action.

16. Substitutions, Changes and Cancellation. No
substitutions are acceptable unless expressly accepted in writing by CITY. CITY may make changes in the general
scope of this order by giving written notice to Vendor. If any such change affects the cost of or time to deliver or perform under this order, an adjustment in price, delivery or both will be made as CITY determines to be equitable. Vendor may request changes; however, no such change shall be effective unless accepted in writing by CITY. CITY may cancel this order in whole or in part at any time before acceptance of the equipment and materials due to Vendor’s breach or for
CITY’s convenience.

17. Laws, Venue, and Attorneys' Fees. This purchase order shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this purchase order , the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court.

18. Contract Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than CITY and the Vendor. The unenforceability, invalidity or illegality of any provision(s) of this purchase order shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the parties to the addresses set forth in the purchase order. Vendor shall not assign, sublet, or transfer this purchase order, or any rights under or interest in this purchase order, without the written consent of CITY, which may be withheld for any reason. Vendor is retained as an independent contractor and is not an
employee of CITY. No employee or agent of Vendor shall become an employee of CITY. This is an integrated
agreement/purchase order representing the entire
understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. This Contract may not be modified or altered except in writing signed by both parties hereto.

19. Damage to City Facilities. Damage to CITY or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the CITY.

20. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during delivery and installation. After and installation is completed at the site, as applicable, Vendor shall clean the surrounding area to the condition prior to delivery and installation.

21. Installation. If the Vendor is responsible for providing installation services, finished installation work and/or equipment shall be subject to final inspection and
acceptance or rejection by the CITY.

22. Wage Theft Prevention. Vendor, and any subcontractor it employs to complete work under this purchase order, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance. By
entering into this purchase order, Vendor affirms that it has disclosed any final judgments, decisions or orders from a court or investigatory government agency, finding in the five (5) years prior to the date of this purchase order that Vendor or its subcontractor(s) has violated any applicable wage and hour laws. Vendor further affirms that it or its
subcontractor(s) has either fully satisfied each judgment, decision or order, or, if any judgment, decision or order has not been fully satisfied, Vendor affirms that it or its subcontractor(s) is currently satisfying said judgment, decision or order through a payment or alternative plan approved by the applicable court/government agency and
that Vendor or its subcontractor(s) are in compliance with

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38077.00180\29085216.4 C2

CITY OF MILPITAS - PURCHASE ORDER (EQUIPMENT AND MATERIALS) said plan as of the date of this purchase order. If at any time during the term of this purchase order, a court or
investigatory government agency issues a final judgment, decision or order finding that Vendor or a subcontractor it employs to perform work under this purchase order has
violated any applicable wage and hour law, or Vendor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Vendor shall inform the CITY no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Vendor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the CITY, either (i) fully satisfy any such judgment, decision, or order and provide the CITY with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the CITY documentary evidence of a payment or
other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Vendor or its subcontractor is subject to a payment or other alternative plan, the Vendor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the purchase order
demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. For purposes of this provision, a “final judgment, decision, or order” refers to one for which all appeals have been
exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United
States Department of Labor, the California Division of Labor Standards Enforcement, the CITY, or any other
governmental entity or division tasked with the investigation and enforcement of wage and hour laws. Failure to comply with any part of this provision constitutes a material breach of this purchase order. Such breach may serve as a basis for immediate termination of this purchase order and/or any other remedies available under this purchase order and/or law. Notice provided to the CITY shall be addressed to:

Attention: Finance Director, 455 E. Calaveras Blvd., Milpitas, CA 95035. The notice provisions of this paragraph are
separate from any other notice provisions in this purchase order and, accordingly, only notice provided to the above address satisfies the notice requirements in this provision. *OPTIONAL TERMS: Check box if applicable
Custom Design: If the goods are produced by Vendor
in accordance with designs, drawings or blueprints
provided by CITY, Vendor shall return same to CITY
upon completion or cancellation of this order. Any
materials, equipment, tools, artwork, designs or other
property furnished by or specifically paid for by CITY
shall be CITY’s property.

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 3/5/2024
Recommendation: (1) Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

Background:

Pursuant to Public Contract Code section 22050 and the attached Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.

Consistent with applicable State law and Council Resolution, on November 21, 2023, the Public Works Director declared an emergency and authorized the City to contract with local contractor, Able Construction Inc., for the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek. Further, within the required timeframe the Public Works Director informed the City Council via the attached Information Memorandum on November 21, 2023 regarding the emergency authorization, the reasons for the authorization, and the cost for repair in the amount of $137,519.

Project Update(s):

Below is a current update on the status of the storm drain emergency repairs and improvements at Evans Road and Piedmont Creek.

The City entered into two agreements with Able Construction Group, Inc. (Contractor) on December 14, 2023 and December 18, 2023 for storm drain repairs and improvements at Evans Road and Piedmont Creek, respectively. Subsequently, the City issued a Notice to Proceed to the Contactor to commence work beginning December 18, 2023.

The contractor substantially completed improvements at Piedmont Creek, per project plans and specifications, the week of February 20 th. Storm drain improvements at Evans Road commenced the week of February 20 th.

Improvements at Evans Road are scheduled to be substantially complete the week of March 11th.

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Upon completion of the Evans Road improvements, the City will perform a site walkthrough to ensure the improvements at both project locations have been completed per project plans and specifications and the project site(s) have been satisfactorily restored to pre-project conditions. The City will subsequently issue a punch-list for any outstanding items prior to deeming the project complete.

Fiscal Impact:

Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget. CIP Project 3715 - Storm Drain System Rehabilitation Project will fund $137,519 for the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek. Funding source comes from the Storm Drain General Fund and Storm Drain Fund. As of February 21, 2024, the balance in CIP 3715 is $1,460,724.

California Environmental Quality Act:

The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.

Recommendations:

1. Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek.

2. Determine by a four-fifths vote that the condition continues to constitute an emergency.

Attachment:

None

Page 105 of 132 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Approve Project Plans & Specifications; Reject a Bid Protest from Galaxy Construction Services, Inc., and Award Construction Contract to A&B Mechanical Inc, for Alviso Adobe House HVAC System, Project No. 5055 (Staff Contact: Michael Silveira, PW Division Manager- Engineering, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 3/5/2024
Recommendation: Adopt a resolution to approve project plans & specifications; reject a bid protest from Galaxy Construction Services, Inc.; award the construction contract to the lowest responsible bidder submitting a responsive bid, A&B Mechanical, Inc., in the amount of $127,900; authorize the City Manager to execute the construction contract with A&B Mechanical, Inc.; and authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $25,600 for Alviso Adobe House HVAC System, Project No. 5055.

BACKGROUND:

Project No. 5055 - Alviso Adobe House HVAC System (“Project”) is included in the adopted 2024-2028 Capital Improvement Program (CIP). The Project provides for the design and installation of a new HVAC system to control the temperature of the house during public tours and protect the audio video system from premature failure.

The City purchased the historic Alviso Adobe property, located at 2087 Alviso Adobe Court, in 1997 with the intention of renovating the buildings which were originally constructed in the 1850 and constructing a new two- acre City park. The construction was to be completed in five phases over several years. Project phases include:
•Phase 1: Replacement of the Adobe house’s roof – completed in 1999; •Phase 2: Site and drainage improvements – completed in 2008; •Phase 3: Adobe house exterior renovation and seismic upgrade – completed in 2010; •Phase 4: Park construction, out building restoration – completed in 2013; •Phase 5A (Interior Restoration): Restore interior of the Adobe house – completed in fall 2020; •Phase 5B (Exhibits) Furnishings, exhibits, and visual media installation – completed in fall 2022.

After the completion of phase 5B, the City opened the historic Alviso Adobe house for tours to Milpitas residents and visitors. The heat generated from the recent installed audio video system and visitors increased the temperature within the house during the tours which become uncomfortable and posed a safety risk for the visitors and volunteers managing the tours, especially during warm days. The lack of air circulation and high temperatures also posed a risk of equipment failure of new audio video system. To provide a safe environment for visitors and prolong the service life of the new audio video system, City Council approved funding in adopted 2024-2028 CIP for a new HVAC system.

The Engineer’s Construction Estimate for the work is $125,000 and the Project Plan title sheet (Attachment 2) is included in the Council’s agenda packet. The complete full-size set of plans and specifications are available electronically upon request to the Public Works Director.

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ANALYSIS:

The Project was advertised on digital construction trade publications on December 15, 2023 and in the Milpitas Post on December 15 and 22, 2023, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act. Bid opening was held on January 30, 2024, and 2 sealed bids were received. The Summary of Bid Results is as follows and is included in the agenda as Attachment 3.

Bidder Location Base Bid
Engineer's Estimate - $125,000
A&B Mechanical, Inc Livermore, CA $127,900
Galaxy Construction Services, Inc Pleasant Hill, CA $128,000 The bid pricing submitted varies between 2.3% to 2.4% over the Engineer’s Estimate. The apparent lowest responsible bidder submitting a responsive bid is A&B Mechanical, Inc (A&B). A&B submitted a bid in the amount of $127,900, but a bid protest was received from Galaxy Construction Services, Inc. (Galaxy).

On February 1, 2024, the City received a bid protest from Galaxy (Attachment 4). The protest was forwarded on to A&B for review and A&B issued a response letter dated February 7, 2024 (Attachment 5). The protest was reviewed by City staff in consultation with the City Attorney’s office and determined it to be meritless. The City staff notified Galaxy in writing on February 16, 2024 of its intent to recommend rejection of the bid protest to the City Council (“City Protest Response”) (Attachment 6).

City staff recommends that the bid protest from Galaxy be rejected as meritless for the reasons specified in the City Protest Response.

The following is a summary of the items raised in the protest and the City Protest Response:

1. Alleged Failure to List Subcontractors for Electrical, Framing, Plumbing and Balancing Work The protest alleges that A&B failed to list subcontractors for four trades including electrical, framing, plumbing and balancing, thereby rendering A&B’s bid nonresponsive. Per Public Contract Code section 4104, a bidder is only required to list subcontractors who will perform any work in excess of one-half of 1% of its total bid amount. If a subcontractor is not listed in the bid for a specific construction trade in excess of one-half of 1% of the bid amount, the Public Contract Code requires the bidder to self- perform the work. In response to the City’s request for clarification regarding the subject matter, A&B stated they are a union company that is signatory to several trade unions and intends to self-perform the trades listed above under its C-20 license. The City has also contacted the Contractors State License Board (CSLB) on February 8, 2024 and received confirmation that a C20 license allows work in these trades incident to the installation of HVAC. Based on the foregoing, the City is under no obligation to reject A&B’s bid as nonresponsive for failure to list subcontractors for electrical, framing, plumbing and balancing work.

2. Alleged Failure to Provide Proper Contractor License The protest alleges that A&B’s failure to hold a proper contractor C-20 license as required by the Contract Documents. The Contract Documents requires each bidder to possess a current license classification of A, B or C2-0 from the CSLB. Per the information obtained from the CSLB’s website, A&B possesses a Class C-4, C-20, and C-38 licenses associated to its business, CSLB No. 740508, which are currently valid through 09/30/2025. Based on the foregoing, the City is under no obligation to reject A&B’s bid as nonresponsive for failure to hold proper contractor license.

Staff recommends the City Council adopt a Resolution (Attachment 1) to approve the Project plans and specifications for the Project, reject the bid protest from Galaxy and to award a construction contract to A&B Mechanical, Inc., the lowest responsible bidder submitting a responsive bid, for a total contract amount not to exceed $127,900. There is sufficient funding available in the Project budget to award this contract and no additional funding appropriation is required.

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The recommended construction contingency for this Project is $25,600 which is 20% of the total contract value due to the specialized nature of this work and potential unknowns in working on a historic building. Consistent with prior Council action, for the successful completion of projects with tight completion schedules, staff is requesting the use of the same change order policy used for previous projects (Attachment 7). This policy allows for a timely completion of the Project, while addressing the need to respond swiftly to construction conditions and approve necessary change orders to limit potential claims or risks to the City. The change order authority will not be exceeded without prior City Council Approval.

POLICY ALTERNATIVE(S):

Alternative 1: Deny approval of Project plans and specifications, not reject the bid protest, and not award the construction contract for the Installation of the HVAC system.

Pros: None.

Cons: A denial would cause delay in installation of the HVAC system which would pose a risk of safety to the visitors and staff, and premature failure of the new audio video system.

Reason for Not Recommending: It is recommended the Project be awarded to A&B to ensure the Project remains on schedule to start in June 2024 when there is no scheduled tours and provide a safety environment for visitors and staff and protect the new audio video system from premature failure.

FISCAL IMPACT:

Adequate funds are available in the Project budget and no additional funding appropriation is required.

As of 02/13/2024, uncommitted balance of the Project is as follows:

CP 5055 $ 443,461
Summary of Estimated Construction Cost:

Base Bid Amount $127,900
20% Construction Contingency $25,600
Administration $25,600
Total $179,100
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

City Staff determined the installation of a new HVAC system in the Alviso Adobe building consists of minor alterations to an existing public facilities that involve no expansions of the existing use per California Code Regulation Title 14 section 15301 and installation of small new equipment in a small structure where only minor modifications are made to the exterior of the structure do not exceed the maximum allowable on effected parcels per California Code Regulation Title 14 section 15303. Based on staff’s findings, this project is under categorical exemption (Class 1 – Existing Facilities) from the requirement of CEQA.

RECOMMENDATION:

1. Adopt a Resolution to approve project plans & specifications, reject a bid protest from Galaxy Construction Services, Inc.; award the construction contract to the lowest responsible bidder submitting a responsive bid, A&B Mechanical, Inc. in the amount of $127,900; authorize the City Manager to execute the construction contract with A&B Mechanical, Inc.; and authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $25,600 for the Alviso Adobe House HVAC System, Project No. 5055.

ATTACHMENT(S):

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(1) Resolution
(2) Title Sheet & Location Map
(3) Bid Results
(4) Bid Protest from Galaxy Construction Services, Inc. (5) Response to Bid Protest from A&B Mechanical, Inc.
(6) City Protest Response Letter
(7) Change Order Policy

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE PROJECT PLANS AND SPECIFICATIONS; REJECTING A BID PROTEST FROM GALAXY CONSTRUCTION SERVICE, INC. AND AWARDING THE CONSTRUCTION CONTRACT TO

THE LOWEST RESPONSIBLE BIDDER SUBMITTING A RESPONSIVE BID, A&B MECHANICAL INC., IN THE AMOUNT OF $127,900; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH A&B MECHANICAL, INC.; AND

AUTHORIZING THE PUBLIC WORK DIRECTOR TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT TO EXCEED $25,600 FOR THE ALVISO ADOBE HOUSE HVAC SYSTEM, PROJECT NO. 5055 WHEREAS, Project No. 5055 - Alviso Adobe House HVAC System (“Project”) is in the approved 2024-2028 Capital Improvement Program; and
WHEREAS, the Engineer’s Estimate for the Project base bid is $125,000; and WHEREAS, the Project was advertised for bid on digital construction trade publications on December 15, 2023 and in the Milpitas Post on December 15 and 22, 2023, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act; and WHEREAS, on January 30, 2024, two sealed bid proposals were received. The base bid pricing varies between 2.3% to 2.4% above the Engineer’s Estimate; and WHEREAS, one bid protest from Galaxy Construction Services, Inc. was filed with the City within five (5) days of the bid opening; and
WHEREAS, the bid protest from Galaxy Construction Services, Inc. was deemed meritless and notice of intent to reject the bid protest was delivered to Galaxy Construction Services, Inc. (“Notice”); and WHEREAS, the lowest responsible bidder submitting a responsive bid is A&B Mechanical, Inc., in the base bid amount of $127,900; and
WHEREAS, sufficient funds are available in the Project budget to award the base bid item under A&B Mechanical, Inc. bid in the amounts of $127,900; and WHEREAS, staff recommends the City Council approve the Project plans and specifications; and WHEREAS, staff recommends the City Council reject the bid protest from Galaxy Construction Services, Inc., as meritless for the reason specified in the Notice, and award a construction contract for the Base Bid items to A&B Mechanical, Inc., the lowest responsible bidder submitting a responsive bid for the Project, and authorize the City Manager to execute a contract in the amount of $127,900 in accordance with State law; and
WHEREAS, staff recommends the City Council authorize the Public Works Director to negotiate and execute change order(s) in an amount not to exceed $25,600; twenty percent (20%) of the total contract value, due to the Project’s tight completion schedule and staff’s capability to respond swiftly to unanticipated construction conditions to limit potential claims or risk to the City; and NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

Page 110 of 132 ends

2 Resolution No. ____

2. The City Council hereby approves the Project Plans and Specifications.

3. The City Council hereby rejects the bid protest from Galaxy Construction Services, Inc. as meritless for the reasons specified in the Notice.

4. The City Council hereby awards the construction contract to and authorizes the City Manager to execute the contract and related documents with the lowest responsible bidder submitting a responsive bid, A&B Mechanical, Inc., in the amount of $127,900 for the Project.

5. The Public Works Director is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $25,600 for the Project.

PASSED AND ADOPTED this day of , 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_____________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Michael Multalipassi, City Attorney

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CITY OF MILPITAS

ENGINEERING DIVISION

BID SUMMARY
Project Name:

Alviso Adobe HVAC Installation
Project No. :
5055
Bid Date:

January 30, 2024 @ 2:00PM
List of Sub-Contractors:

BASE BID
A&B Mechancial, Inc.

Galaxy Construction
Services, Inc.

EPS
Engineer's Estimate
Cortez Bros Concrete
Construction, Inc.

Galaxy Construction
Services, Inc.

Total Bid Price
$125,000.00
$127,900.00
$128,000.00
Electrical Source
MTB
Apparent Low Bidder
Description
Concrete
Electrical
Balancing
A&B Mechancial, Inc.

Plumbing

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455

E
AST
C

ALAVERAS
B

OULEVARD
,

ILPITAS
,

ALIFORNIA
95035
-
5479

PHONE:

408
-
586
-
30 0
0,

FAX:

408
-
586
-
3056,

www.milpitas.gov

February 16, 2024

Via
Certified
U.S. M
ail

and E
-
mail

Galaxy Construction Services, Inc.

c/o Michael Abramovich, CEO

330 Vincent Road, Suite D

Pleasant Hill, CA 94523

[email protected]

Re:

Notice of Intent to Reject Bid Protest

by Galaxy Construction Services, Inc.

Alviso Adobe
Building
HVAC

Installation
,
City of Milpitas
Project No. 5055

Dear
Michael Abramovich
:

The City of Milpitas (“City”)

has reviewed the bid protest letter
dated February 1, 2024
(“Protest”)
you sent on behalf of
Galaxy Construction Services, Inc.

(“Galaxy”)

related to the
Alviso Adobe
Building
HVAC
Installation, City of Milpitas Project No. 5055 (“Project”) . The City

has also
reviewed, among other things,
the
bid protest letter response dated
February 7, 2024
fro
m A & B Mechanical
, Inc.

(“A & B”)
.

The City has also
received confirmation from the
California
Contractors

State License Board

(“CSLB”)

that A & B’s
associated
C20 license is
presently valid
and allows the licensee to perform all trades pertinent to HVAC Installation ,
including tasks of other trades
incidental

to those primary services.

In conformity with Milpitas Municipal Code section I
-
2 -
3 .
19,
the
City

is providing you with
this

written response to

your Protest.

While the City thanks you for your interest in doing business, and reminds you that there will be future projects that you may wish to bid on, the
City’s
Purchasing Agent has determined that your Protest
is without
substantive
merit

and should be
rejected.

The alleged errors in A & B’s bid

either are not errors at all or
are
at most immaterial
deviations

that do not amount to material mistakes
j
ustifying rejection of the bid as

nonresponsive.

Moreover, Galaxy does not factually suppor
t
its

protest with information that
would justify a contrary finding in light of the
response provided by A & B.

Indeed, in some
instances, the very information relied upon by Galaxy shows that the errors alleged do not exist.

State law
directs the City to award public work contracts to the lowest responsive and responsible bidder after notice.

(
Pub. Contract Code, §
20162
.)

The Protest acknowledges that A
& B is the lowest bidder after

notice and does not dispute that A & B is a responsible bidder.

While the Protest does contend that A & B’s bid is “non -
responsive,” the two grounds
state
d

for
this assertion

are unsubstantiated. Each ground stated in the Protest
will

be addressed in turn.

I T Y O F
M

I L P I T A S

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1. Galaxy Does Not Substantiate Its Assertion that A & B Lacks a C20 License

In its
Protest, Galaxy
first
asserts

that the
Project
S
pecifications state that bidders shall hold a
current
“
B or C20
”

license
.

Galaxy asserts
that
printouts

from
the
CSLB

attached to the Protest
show that
A & B has only a C38 license, not a C20 license.

First,
the
Contract Documents and
Specifications for the Project

(“
Project

Specifications”)
actually states
as follows:

Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to section 700
0 et seq. of the Business and
Professions Code in the following classification(s) through the time it submits its Bid and for the duration of the contract:

Class A or Class C
-
20 from the
Contractor’s State License Board.

(
Project

Specifications
, p. 2 [emphasis in original].)

A & B in its
bid stated that
it possess
es

Class
C4, C20, and C38 licenses associated to
its business,
CSLB
No. 740508.

The last page of the
printout from the
CSLB
website attached to the Protest similar
ly states and confirms that A & B
has

“current and active” licenses associated in the following classifications: C4, C20, C38.

Galaxy’s confusion seems to come from a mistaken reading of a printout of the Personnel List
associated to this license

on the CSLB website, which Galaxy
attached

with circles and
highlights to the Protest.

That associated Personnel List
shows Gregory Stuart Byrkit, A & B’s
CEO, as having a C38 license
.

That Personnel List also

shows
a
former
associate
, James Alan
Crowson
,

as having
a C20 license but having disassociated from A & B on January 12, 1998.

From
this information, Galaxy erroneously arrives at the conclusion that no C20 license is currently associated with A & B.

To the contrary, Galaxy

omits the fact that
in the Personnel List
immediately under
the
notation

for
Gregory Stuart Byrkit’s
C38 license, there is a notation that “[t]here are additional classifications that can be viewed by selecting this link.” On the CSLB website

that this printout
comes from
, th
e hyperlink associated to that notation
takes
a view
er

to the Contractor’s
L
icense
Personnel Detail for Mr. Byrkit

associated to A & B’s CSLB No. 740508
.

That Personnel Detail
page

shows that his C20 license
is valid and
has been associated to this business since April 17,
1998.

A true and correct copy of this Contractor’s License Personnel Detail for A & B and Mr.

Byrkit is attached hereto.

Thus,
there appears to be

no factual basis for this
ground
of

Galaxy’s
P
rotest. The very records Galaxy relies upon for making its P
rotest show that
a
presently valid
C20 license has been associated to A & B through Mr. Byrkit fo r the better part of three decades.

A & B for its part responds
consistently with the sam
e publicly available information and
confirms that
it currently holds associated C4, C20, and C38 licenses.

In light of this information, this ground of Galaxy’s
P
rotest is meritless and should be rejected.

2. Galaxy Does Not Substantiate Its Assertion that A & B Failed to List Subcontractors

Galaxy’s second and final
ground for protest is that A & B allegedly failed to list in its bid
subcontractors performing
work in excess of 0.5% of its total bid price in c
onformity with Public
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Contract

Code section 4104

and
page
s

6 and 17
of the
Project

Specifications
.

In its Protest,
Galaxy specifically contends that
A & B failed to list subcontractors in four trades: electrical, framing, plumbing, and balancing.

In its bid, A & B listed only one subcontractor

for concrete
work.

A & B’s response
to this ground of the Protest
is simple and straightforward:

A & B states that
it
intends to self
-
perform
the work in these trades

under its C20 license
.

The Project Specifications
state that if a b
idder does not specify a subcontractor, then it
“
shall be deemed to have agreed
that it is fully qualified to perform that portion of work and that it shall perform that portion itself.”

(Project Specifications, pp. 6, 17.) A & B has therefore confirmed for
a second time in
writing what it already represented in its bid response.

T
he City has
also
contact
ed

the CSLB and
received confirmation
that
a

C20 license allows work in these trades incident to the installation of HVAC.

Moreover,
Galaxy mistakenly asserts that the failure to list subcontractors renders A
& B’s bid non
-
responsive
. To the contrary,

by operation of law
,

the consequence of not listing
otherwise required
subcontractors
merely means
that A & B must self
-
perform this work
. (See
Pub. Contract Code, § 4106
.) A & B has confirmed
in writing twice
it is willing and able to do
this work.

Galaxy has failed to present any reason
or evidence
to question A & B’s
representation
s

concerning
the work it will self
-
perform.

Because this ground
for protest
is
unsupported, it should be rejected.

Again, the City thanks you fo
r your interest in the Project and reminds you that
there will be
other projects in the future. As
the Protest is without substantive merit, staff intends at the City
Council meeting on
March 5, 2024

to recommend rejection of the Protes
t and award of the
Project contract to the lowest responsive and responsible bidder, A & B

Mechanical, Inc
.

Sincerely,

Saradia Lehtinen

Purchasing Agent

cc:

Michael Silveira,
Public Works
–

Engineering Division Manager

Lyhak Eam,
Principal

Civil Engineer

Andy Wong, Associate Civil Engineer

Michael Mutalipassi, City Attorney

Debbie Byrkit, President A & B Mechanical
, Inc.

enc:

CSLB Contractor’s License Personnel Detail for Gregory Stuart Byrkit

DocuSignEnvelopeID:C1F157E2-C5D2-4213-B9B5-D22496E82713

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2/15/24, 3:43 PM Contractor's License Personnel Detail - CSLB https://www.cslb.ca.gov/OnlineServices/CheckLicenseII/PersonnelDetail.aspx?LicNum=740508&SeqNumber=650636&LicName=QSslMjYrQitNRUNIQU5JQ0FMK0lOQw== 1/2 Home | Online Services | License Detail | Personnel List | Personnel Detail Contractor's License Personnel Detail
Contractor
License # 740508
Contractor
Name A & B MECHANICAL INC
Name GREGORY STUART BYRKIT
Title and Class History
Title CEO / PRESIDENT
Classification
Association
Date 09/17/1997
Disassociation
Date 01/07/1998
Title RMO / CEO / PRES
Classification C38 REFRIGERATION
Association
Date 01/07/1998
Title RMO / CEO / PRES
Classification C20 WARM-AIR HEATING, VENTILATING AND AIR-

CONDITIONING
Association
Date 04/17/1998
Title RMO / CEO / PRES
Classification HIC HOME IMPROVEMENT CERTIFICATION
Association
Date 10/12/1999
Disassociation
Date 01/01/2004
Title RMO / CEO / PRES
Classification C-4 BOILER, HOT WATER HEATING AND STEAM FITTING Association
Date 03/02/2006
Bonding History
Eective Date 03/02/2006
Eective Date 04/17/1998
Cancellation
Date 03/02/2006
Eective Date 01/07/1998
Cancellation
Date 04/17/1998
Back to Top Conditions of Use

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2/15/24, 3:43 PM Contractor's License Personnel Detail - CSLB https://www.cslb.ca.gov/OnlineServices/CheckLicenseII/PersonnelDetail.aspx?LicNum=740508&SeqNumber=650636&LicName=QSslMjYrQitNRUNIQU5JQ0FMK0lOQw== 2/2 Copyright © 2024 State of California
Privacy Policy Accessibility
Accessibility Certification

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Construction Change Order Policy for Alviso Adobe HVAC Installation, Project No. 5055. 2021 City Council Approved Construction Change Order Policy Construction Award Individual Administrative Cumulative Award Amount Change Order Authority Change Order Authority Less than $100,000 $10,000 $15,000
Over $100,000 10% of Award or $20,000 15% of Award or $40,000 whichever is less whichever is smaller
Alviso Adobe HVAC Installation Project Change Order Policy Construction Award Individual Administrative Cumulative Award Amount Change Order Authority Change Order Authority $127,900 N/A $25,600

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: 2024 Weed Abatement Public Hearing and Resolution Adoption to Abate the Weeds (Staff Contact: Arthur Belton, Deputy Fire Chief/Fire Marshal, 408-586- 3384)
Category: Public Hearings-Public Safety
Meeting Date: 3/5/2024
Recommendation: Conduct a public hearing and adopt a resolution directing the County of Santa Clara Consumer and Environmental Protection Agency- Weed Abatement Program to abate the nuisance, keep an account of the cost, and embody such account in a report and assessment list to the City Council in accordance with the Milpitas Municipal Code BACKGROUND:

Fire risk in California with regards to climate has been steadily increasing each wildfire season. Much of the loss to property and life is attributed to areas known as Wildland Urban Interface (WUI) where housing development has been integrated into traditionally open land space, but some notable fire storms have not been limited to only WUI, resulting in rapid fire spread within fully developed city landscapes. Three factors that contribute to wildfire behavior and spread are weather, topography and fuel load. Of these factors, fuel load is the one that can be engaged proactively to reduce the risk of fire initiation and spread. As a result, community fire prevention efforts focus on factors such as fuel reduction and defensible space. Weeds are significant contributors to initial and escalating fire growth. Categorized as light, flashy fuels, they are an easily ignitable fuel source that burns rapidly, increasing fire risk both in frequency and size. For many years Milpitas has been successful in reducing the fire risk of these light, flashy fuels through a weed abatement program.

On February 2, 1976, an Agreement was established and approved to abate weeds by the County of Santa Clara for the City of Milpitas. On June 21, 2022, City Council approved an amended and restated agreement, authorizing the City Manager to execute and sign the updated agreement. The purpose of the Agreement is to promote the efficiency and economy of operations in the abatement of weeds by the City and the County. The major procedural functions to be performed by the County and / or City shall include but not limited to:

1. The County shall prepare the list of parcels requiring abatement of weeds in the City and transmit the said list to the City for review and approval for processing.

2. The County shall prepare the notice of weed abatement and cause such notice to be mailed to the owners of the parcels requiring weed abatement.

3. The City Council shall conduct public hearings on the proposed removal of weeds pursuant to the provisions of the City Ordinance when the City Fire Marshal presents such appropriate resolutions for adoption. The City Council may by resolution declare the weeds on the respective parcels of the land as nuisance and make the determination to proceed with the abatement of weeds and authorize the performance of the service to remove the weeds in accordance with the aforementioned Agreement.

4. Upon proper authorization by the City, the County shall remove the weeds on the designated properties.

5. The County shall render to the City an itemized assessment report for the cost of the weed abatement services performed per the respective parcels.

6. The City Council, after a public hearing, shall require the County Assessor’s Office to include the costs of the weed abatement services performed for the City for the current year, as a special assessment on

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bills for taxes levied against the affected parcels. Such special assessments shall be liens on the respective properties.

7. Pursuant to California Health and Safety Code 14915, a copy of the report, as confirmed, shall be turned over to the auditor of the county, on or before the tenth day of August following such confirmation, and the auditor shall enter the amounts of the assessments against the respective parcels of land as they appear on the current assessment roll, (Amended by Stats. 1939, Ch. 354).

ANALYSIS:

On February 6, 2024, the City Council adopted Resolution No. 9295 declaring weeds on certain described properties to be a public nuisance, and to set a public hearing for March 5, 2024. A copy of the resolution was forwarded to the County of Santa Clara Consumer and Environmental Protection Agency- Weed Abatement Program (County). A notice for the public hearing was sent by the City Clerk’s Office to the local newspaper for publication. Additionally, the notice was mailed to owners of the properties proposed for abatement by the City of Milpitas and the County. The purpose of the public hearing is for the parcel owners who object to the removal of the weeds to state their objections before the weeds are removed and the costs made as a lien upon the property. A list of properties to be abated is included in the City Council’s agenda packet along with a resolution directing the County to abate the weeds.

POLICY ALTERNATIVE(S):

Alternative 1: Not adopt a resolution
Pros: None
Cons: This would reverse a long-standing agreement with Santa Clara County to provide weed abatement service within the City of Milpitas
Reason for Not Recommending: Without a resolution, property owners will not be notified and weed abatement will not be conducted. Weeds covered under this program, classified as “light flashy fuels” are prone to easy ignition and contribute significantly to rapid fire growth. Left unmitigated, these weeds pose a significant public safety issue in terms of fire potential.

FISCAL IMPACT:

At a City Council meeting prior to August 10th of each year during a public hearing, the City’s municipal code provides that the City Council hear the assessment report for the list of weeds abated within the City, together with any objections of the property owners liable to be assessed, and to make such modifications on the proposed assessment as it deems necessary. Following adoption by the City Council, the resolution will be recorded and charges thereon become a lien on the land involved to be collected in the same manner as property taxes.

California Environmental Quality Act (CEQA):

The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION:

1. Open the Public Hearing and close following public comments.

2. Adopt a resolution directing the County of Santa Clara Consumer and Environmental Protection Agency- Weed Abatement Program to abate the nuisance, keep an account of the cost, and embody such account in a report and assessment list to the City Council in accordance with the Milpitas Municipal Code.

Attachment(s):

Council Resolution 9295 with Exhibit A - 2024 Weed Abatement Program Commencement Report (74 parcels)

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RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AUTHORIZING THE CITY

MANAGER TO CONTRACT WITH THE OFFICE OF SANTA CLARA COUNTY CONSUMER AND ENVIRONMENTAL PROTECTION AGENCY – WEED ABATEMENT PROGRAM TO ABATE WEEDS

AND/OR CAUSE THE REMOVAL OF RUBBISH, REFUSE OR DIRT DECLARED TO BE A PUBLIC

NUISANCE, TO KEEP AN ACCOUNT OF THE COSTS OF ABATING SUCH NUISANCE, AND TO FILE

SUCH ACCOUNT IN A REPORT AND ASSESSMENT LIST WITH THE CITY COUNCIL WHEREAS, the City Council of the City of Milpitas adopted Resolution No. 9215 on February 6, 2024, declaring weeds and/or the accumulation of rubbish, refuse or dirt on the properties listed on the annual list attached hereto as Exhibit A to be a public nuisance and setting a public hearing in accordance with Title V, Chapter 202 of the Milpitas Municipal Code; and
WHEREAS, a public hearing was duly noticed as required by law and such hearing was held on March 5, 2024, to hear public comments and consider any objections to the proposed removal of the weeds, rubbish, refuse and/or dirt; and WHEREAS, the City Council duly considered and overruled any objections to the proposed nuisance abatement by the Office of Santa Clara County Consumer and Environmental Protection Agency – Weed Abatement Program.

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

2. The City Manager is hereby ordered and authorized to contract with the Office of Santa Clara County Consumer and Environmental Protection Agency – Weed Abatement Program to abate such public nuisances existing on those properties included on the attached Exhibit A. The Office of Santa Clara County Consumer and Environmental Protection Agency – Weed Abatement Program shall keep an account of the cost of abatement on each listed parcel and submit to the City Clerk, for confirmation by the City Council, an itemized written report showing such costs to be assessed on the listed properties as provided for in the Milpitas Municipal Code, Sections V-202-7.00 through V-202-10.00.

PASSED AND ADOPTED this 5th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_________________________________ ______________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_________________________________
Michael Mutalipassi, City Attorney

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APN
636 N ABEL ST 022-06-010
7280 MARYLINN DR 022-07-007
549 N ABEL ST 022-09-028
99 S MAIN ST 022-24-017
111 S MAIN ST 022-24-040
1735 CALIFORNIA CR 022-37-002
1301 CALIFORNIA CR 022-38-002
81 DIXON RD 026-05-021
DIXON RD 026-05-023
1882 N MILPITAS BL 026-05-024
51 DIXON RD 026-05-053
DIXON RD 026-06-012
1720 ARIZONA AV 026-07-016
1840 ARIZONA AV 026-07-051
1640 ARIZONA AV 026-11-067
BOTHELO LN 028-23-017
RAILROAD AVE 028-24-006
1390 EL CAMINO HIGUERA 029-02-007
1327 CALLE ORIENTE 029-05-010
1301 CALLE ORIENTE 029-05-012
876 EVANS RD 029-06-003
666 EVANS RD 029-06-008
826 CALAVERAS RIDGE DR 029-06-031
894 CALAVERAS RIDGE DR 029-06-038
322 PARK VICTORIA DR 029-16-006
1220 COUNTRY CLUB DR 029-52-014
1039 CAMARILLO CT 029-52-015
673 QUINCE LN 029-59-014
517 VISTA RIDGE DR 042-30-009
519 VISTA RIDGE DR 042-30-010
1365 PLATT AV 042-30-015
410 VISTA RIDGE DR 042-30-024
350 VISTA RIDGE DR 042-30-025
531 VISTA RIDGE DR 042-30-029
SERRA WY 083-06-006
MAIN ST 083-07-015
540 S ABEL ST 083-13-013
91 MONTAGUE EX 083-42-002
717 FOLSOM CL 086-25-018
MAIN ST 086-25-028
HAMMOND WY 086-25-030
Situs
2024 WEED ABATEMENT PROGRAM

COMMENCEMENT REPORT

CITY OF MILPITAS EXHIBIT A

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HAMMOND WY 086-25-032
808 S MAIN ST 086-25-051
BOTHELO AVE 086-26-039
HAMMOND WY 086-26-040
HAMMOND WY 086-26-042
MILPITAS BL 086-28-006
VISTA WY 086-29-005
WRIGLEY WY 086-29-036
YOSEMITE DR 086-29-047
876 YOSEMITE DR 086-30-047
YOSEMITE DR 086-30-048
AMES AV 086-30-060
SINCLAIR FRONTAGE RD 086-31-003
MILPITAS BLVD 086-32-084
1528 CENTRE POINTE DR 086-33-110
MONTAGUE EXPY 086-41-014
1001 S MILPITAS BL 086-42-033
GARDEN ST 086-94-014
375 DEMPSEY RD 088-01-002
DEMPSEY RD 088-04-060
S PARK VICTORIA DR 088-04-062
DEMPSEY RD 088-04-076
534 S PARK VICTORIA DR 088-06-039
1459 CANTON DR 088-09-039
2013 YOSEMITE DR 088-20-023
575 CARLSBAD ST 088-20-102
632 CARLSBAD ST 088-20-125
1791 ROCKY MOUNTAIN AV 088-23-075
1966 YOSEMITE DR 088-26-149
OLD PIEDMONT RD 092-34-008
1250 PIEDMONT RD 092-34-014
2235 URIDIAS RANCH RD 092-37-050

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Milpitas City CouncilMarch 5, 2024

Milpitas City Council
March 5, 2024