Milpitas City Council
May 6, 2025

38077.00180\29080232.9 -225-
E-12 PORTLAND CEMENT CONCRETE

CONSTRUCTION
m) Quality control on layout
a. The layout of sidewalks, island passageways, and ramps will be largely field fit. Contractor will work with the county inspector to layout each corner, and to assure the following:
b. Positive drainage on each sidewalk and gutter profile c. 1.5% maximum cross slope in the pedestrian areas
d. Ramp slopes and lengths in conformance with State standards e. Lip of gutter grade to conform with adjacent existing pavement and sawcut line
n) Machine poured curbs will not be allowed unless called for on the plans.

END OF SECTION

38077.00180\29080232.9 -226-
E-13 ADJUSTMENT OF APPURTENANCES
E-13 ADJUSTMENT OF APPURTENANCES
PART 1 – GENERAL

1.1 GENERAL:
a) Work shall consist of adjusting existing frames and covers of manhole, water valve box, traffic signal pull box, monument box, and any other utility structures to grade and replacement of manhole frames and covers as directed by the Engineer, in accordance with the provisions in Section 15, “Existing Facilities,” of the Standard Specifications and these Technical Provision except that no metal riser adjustment rings will be permitted.

1.2 SUBMITTAL:
a) The Contractor shall provide a Certificate of Compliance for Portland Cement Concrete, Traffic Marking, and other materials used under this Section in conformance with the requirements of the Contract Documents.
b) The Contractor shall submit Concrete Mix Design in conformance with State Standard Specifications and these Technical Provisions to the Engineer for review and approval 15 days prior to work. c) Contractor shall submit concrete Compressive Strength testing results in accordance with State of California Test Method No. 521 and 540. d) Contractor shall provide the City Engineer with certified weight tickets furnished at the time of delivery to the inspector in the field.

1.3 MATERIAL:
a) Existing water valve lid and box damaged during construction shall be replaced in kind. The Lid shall be stamped with the word “WATER” and traffic H-20 rated.
b) Existing recycle water valve lid and box damaged during construction shall be replaced in kind. The Lid shall be stamped with the word “RECYCLE WATER” and traffic H-20 rated.
c) Replacement frames and covers shall conform to the requirements of Milpitas Standard Specification S2.04 and applicable Standard Details. d) Materials shall conform to Section E-07, “Hot Mix Asphalt (Type A)” and Section E-10 “Portland Cement Concrete Construction”.

1.4 PROCEDURES:

38077.00180\29080232.9 -227-
E-13 ADJUSTMENT OF APPURTENANCES
a) The Contractor shall excavate around the frame and cover structure in a neat perimeter with a diameter not greater than necessary to loosen, adjust the frame with the cover to grade and remove and replace concrete collar.
b) Adjustments of frames and covers shall be accomplished by removing and replacing concrete collar and installing new concrete adjusting rings to raise the frame. The top concrete collar shall be constructed to match the finish grade of the pavement. Frame and cover structures damaged during construction shall be replaced at Contractor’s expense. Note that existing concrete collars may not conform to City Standard Details. Where existing concrete collar does not conform to City Standard Details, Contractor shall be responsible for constructing new collar per City Standard Details.
c) Contractor shall establish at least two radius point markings indicating location of valves and distance from curb. Contractor shall also protect iron with top hats. Contractor is responsible for removing markings at conclusion of the job.
d) All existing frames and covers shall be accessible immediately after paving and raised within 48 hours of paving.
e) Contractor shall clean all AC debris and remove any and all tack oil from all structures.
f) Concrete collars shall be poured before 12 noon and shall be protected with steel trench plates until it can support traffic without damage, 3 days minimum.
g) False bottoms shall be installed in all storm and sewage structures prior to lowering and shall be removed immediately after the frame and cover is reinstalled.
h) If the frame or cover is unstable or noisy under traffic, the conditions shall be corrected by placing a coil of asphalt saturated rope, a plastic-type washer or asphaltic compounds approved by the Engineer, on the cover seat.
i) If City monuments are disturbed during the Work, monuments shall be reset per City Standards and State Regulations at the Contractor’s sole expense.

1.5 MEASUREMENT AND PAYMENT:

38077.00180\29080232.9 -228-
E-13 ADJUSTMENT OF APPURTENANCES
a) The contract Unit price paid for actual field count for “Adjust Water Valve Cover to Grade” and “Adjust Monument Cover to Grade” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved adjusting appurtenance to grade, complete in place, including field surveying, excavation, hauling and disposal of excavated materials, structure backfill, adjusting appurtenance and paving, removing existing concrete collars, lowering existing valve box/monument/manhole, providing a reference plan and re-adjusting to new grade, furnishing and placing new concrete collar, furnishing and placing water-filled barriers or steel plates, furnishing and placing false bottoms, dig-outs, cold plane milling, staged construction, temporary conforms, final and temporary traffic striping, markings and markers, tack coats, and paint binders, as specified in Contract Drawings, as specified in the Standard Specifications, these Technical Provisions, and as directed by the Engineer and no additional nor partial (full payment for item after adjustment has been completed to grade) compensation shall be allowed therefore.
b) The contract Unit price paid for actual field count for “Adjust Storm Sewer Manhole to Grade”, “Adjust Storm Drain Manhole to Grade”, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved adjusting appurtenance to grade, complete in place, including field surveying, excavation, hauling and disposal of excavated materials, structure backfill, adjusting appurtenance and paving, removing existing concrete collars, lowering existing valve box/monument/manhole, providing a reference plan and re-adjusting to new grade, furnishing and placing new concrete collar, furnishing and placing water-filled barriers or steel plates, furnishing and placing false bottoms, dig-outs, cold plane milling, staged construction, temporary conforms, final and temporary traffic striping, markings and markers, tack coats, and paint binders, as specified in Contract Drawings, as specified in the Standard Specifications, these Technical Provisions, and as directed by the Engineer and no additional nor partial (full payment for item after adjustment has been completed to grade) compensation shall be allowed therefore.

PART 2 – (NOT USED)
PART 3 – (NOT USED)

END OF SECTION

38077.00180\29080232.9 -229-
E-14 TRAFFIC MARKING
E-14 TRAFFIC MARKING
PART 1 – GENERAL

1.1 SUMMARY
a) This work shall consist of furnishing and placing thermoplastic traffic stripes, pavement markings and roadside signs at the locations shown on Contract Drawings, in conformance with the provisions in Section 82, “Signs and Markers” and Section 84, "Markings," of the Standard Specifications, Standard Plans, the latest Manual on Uniform Traffic Control Devices, and these Technical Provisions and as directed by the Engineer.

1.2 SUBMITTALS
a) The Contractor shall provide a Certificate of Compliance for all traffic markings in conformance with the provisions in Section 84-2.01C “Submittals”, of the Standard Specifications
b) Lead Compliance Plan: Regulations containing specific Cal/OSHA requirements when working with lead include 8 CA Code of Regs § 1532.1.
c) Submit a plan:
i. 1. That documents your compliance program to prevent or minimize worker exposure to lead
ii. 2. Including the items listed in 8 CA Code of Regs § 1532.1(e)(2)(B) Sealed and signed by a CIH with knowledge of and experience complying with 8 CA Code of Regs
d) Allow 7 days for review. Obtain authorization for the plan before starting any activity that presents the potential for lead exposure. e) Before starting any activity that presents the potential for lead exposure to employees who have no prior training, including State employees, provide a safety training program to these employees that complies with 8 CA Code of Regs § 1532.1 and your lead compliance plan.
f) Submit copies of air monitoring or job site inspection reports made by or under the direction of the CIH under 8 CA Code of Regs § 1532.1 within 10 days after the date of monitoring or inspection. Supply personal protective equipment, training, and washing facilities required by your lead compliance plan for 5 Agency employees.
g) Contractor shall submit lane width measurements prior to the removal of any lane striping.

1.3 MATERIAL:

38077.00180\29080232.9 -230-
E-14 TRAFFIC MARKING
a) Thermoplastic Material and Application:
i. Spreadable thermoplastic material shall be free of lead and chromium, and shall conform to PTH-02ALKYD of the Standard Specification. Sprayable thermoplastic material shall be free of lead and chromium, and shall conform to PTH-02SPRAY of the Standard Specification.
ii. Thermoplastic traffic stripes and pavement markings shall be equipped with enhanced wet-night visibility.
iii. Glass beads shall conform to the State Specification No. 8010- 004 (Type 2) for nighttime retro reflectance glass beads. iv. Thermoplastic pavement markings and traffic stripes for traffic lanes shall be applied at a minimum thickness of 2.0 mm and minimum application rate of 0.4 kg/m, based on a solid stripe of 100 mm width.
v. Thermoplastic material shall be applied to the pavement at a temperature between 177°C and 205°C, unless the manufacturer recommends a different temperature.
vi. Thermoplastic traffic stripes and pavement markings shall be free of runs, bubbles, craters, drag marks, stretch marks, and debris. vii. Thermoplastic traffic stripe for crosswalk and stop bar limit line shall be 12” wide.
b) Roadside Signage
i. Roadside Signage shall be in accordance with Section 82, “Signs and Markers”, of the Standard Specifications.
c) Green Bike Lane Marking:
i. The material must be a resilient light green color preformed thermoplastic product which contains a minimum of thirty percent (30%) intermixed anti-skid/anti-slip elements with a hardness range of 7-9 (Mohs scale), and where the top surface contains anti-skid/anti-slip elements with a hardness of 9 (Mohs scale). ii. The material shall be resistant to the detrimental effects of motor fuels, antifreeze, lubricants, hydraulic fluids, etc.
iii. The material shall be capable of being applied on bituminous and/or portland cement concrete pavements by the use of a handheld heat torch, and/or infrared heater.
iv. The material shall be capable of being applied to asphalt and Portland cement concrete surfaces without preheating the application surface to a specific temperature.

38077.00180\29080232.9 -231-
E-14 TRAFFIC MARKING
v. The material shall be capable of conforming to pavement contours, breaks and faults through the action of traffic at normal pavement temperatures.
vi. The material shall be capable of being applied in temperatures down to 45°F (7.2°C) without any special storage, preheating or treatment of the material before application.
vii. The material shall contain heating indicators evenly distributed on the surface that shall act as visual cues during both the application process and post-application.
viii. If required, white, retroreflective and skid resistant preformed thermoplastic symbols and/or word legends may be incorporated into the skid/slip resistant material background in an
interconnected fashion, such that the two materials shall be factory assembled together and applied as a single layer. ix. The marking material must be produced in the United States, and the manufacturer must be ISO 9001:2008 certified for design, development and manufacturing of preformed thermoplastic pavement markings, and provide proof of current certification. x. Material: Shall be composed of an ester-modified rosin impervious to degradation by motor fuels, lubricants, etc., in conjunction with aggregates, pigments, binders, and anti-skid/anti-slip elements uniformly distributed throughout the material. The thermoplastic material shall conform to AASHTO designation M249, with the exception of the relevant differences due to the material being supplied in a preformed state, being non-reflective, and being of a color different from white or yellow.
xi. Pigment: Light Green: The material shall be manufactured with appropriate pigment to ensure that the resulting colors complies with the Light Green color as specified in the FHWA Memorandum dated April 15th, 2011: Interim Approval for Optional Use of Green Colored Pavement for Bike Lanes (IA-14).
xii. Daytime chromaticity coordinates for the color used for green colored pavement shall be as follows:
1 2 3 4
X y X y x y x y

0.230 0.754 0.266 0.500 0.367 0.500 0.444 0.555
Nighttime chromaticity coordinates for the color used for green colored pavement shall be as follows:
1 2 3 4
X y X y x y x y

0.230 0.754 0.336 0.540 0.450 0.500 0.479 0.520

38077.00180\29080232.9 -232-
E-14 TRAFFIC MARKING
xiii. The pigment system shall not contain heavy metals or any carcinogen, as defined in 29 CFR 1910.1200 in amounts
exceeding permissible limits as specified in relevant Federal Regulations.
xiv. Heating Indicators: The top surface of the material shall have regularly spaced indents. The closing of these indents during application shall act as a visual cue that the material has reached a molten state, allowing for satisfactory adhesion and proper embedment of the anti-skid/anti-slip elements, and a postapplication visual cue that proper application procedures have been followed.
xv. Skid Resistance: The surface of the preformed thermoplastic material shall contain factory applied anti-skid elements with a minimum hardness of 9 (Mohs scale). Upon application the material shall provide a minimum skid resistance value of 60 BPN when tested according to ASTM E 303.
xvi. Slip Resistance: The surface of the preformed thermoplastic material shall contain factory applied anti-skid elements with a minimum hardness of 9 (Mohs scale). Upon application the material shall provide a minimum static coefficient of friction of 0.6 when tested according to ASTM C 1028 (wet and dry), and a minimum static coefficient of friction of 0.6 when tested according to ASTM D 2047.
xvii. Thickness: The material must be supplied at a minimum thickness of 90 mils (2.29 mm) or 125 mils (3.15 mm).
xviii. Environmental Resistance: The material shall be resistant to deterioration due to exposure to sunlight, water, salt or adverse weather conditions and impervious to oil and gasoline.
xix. Application: The material shall be capable of being applied using the propane torch method, and/or infrared heater recommended by the manufacturer. The material shall be capable of being applied at ambient and road temperatures down to 45°F (7.2°C) without any preheating of the pavement to a specific temperature.

A sealer specified by the manufacturer shall be applied to the pavement surface prior to material application to ensure proper adhesion. The sealer must be supplied by the material
manufacturer in 300/600ml cartridges along with sealer application supplies. A thermometer shall not be required during the application process. The pavement shall be clean, dry and free of debris. Supplier must enclose application instructions in English and Spanish with each box/package only pertaining to an application method that does not require preheating of the pavement to a specific temperature before application.

38077.00180\29080232.9 -233-
E-14 TRAFFIC MARKING
d) Green Bike Lane Marking with Symbols and Legends: Where green bike lane markings are called for that include Bike Lane symbols, words or arrows, the high friction green thermoplastic material shall come from the manufacturer as a sheet of green thermoplastic material with the Bike Lane markings in white, and the the markings shall be included as an integral element of the green thermoplastic material as received from the manufacturer. If the manufactured sheet is of insufficient size to cover the indicated width of bike lane, additional green thermoplastic material shall be used to provide the required coverage. The green thermoplastic material with integral symbols and legends shall be paid per square foot of the thermoplastic sheet with symbols and legends.
e) Bike Lane Lines Adjacent to Green Bike Lane Markings: Where bike lane stripes (Detail 39 and 39A) are located immediately adjacent to green bike lane markings, the bike lane stripes shall be of high-friction skid resistant thermoplastic.
f) Bike Lane Striping and Markings: All bike lane stripes and symbols not adjacent to green bike lane areas shall be paint as defined herein. g) Thermoplastic Materials for Crosswalks: Crosswalk markings of the “Ladder” and “Continental” style crosswalks shall be of high friction skid resistant thermoplastic.
h) Traffic Paint Material and Application: Paint for blue, black, yellow and white shall be waterborne-based only and shall conform to State Specifications PTWB-01R2. Solvent-based or Acetone-based paints shall not be used and thinning will not be allowed. Glass beads shall conform to the State Specification No. 8010-004 (Type 2) for nighttime retro reflectance glass beads.
i) Curb Painting: Curb paint shall be of a latex base consisting of color in accordance with City Standards.
j) Raised Pavement Markers: Raised pavement markers of various types shall conform to Section 81-3, “Pavement Markers”, of the State Standard Specifications, these Technical Provisions, and as shown on the Contract Drawings. Retroreflective pavement markers shall be marked as abrasion resistant on the body of the markers. Fire hydrant pavement markers shall be Type BB: two-way blue reflective (high intensity) raised pavement markers.
k) Removal of Existing Stripes and Markings:
i. Prior to the removal of existing lane striping and markings, Contractor shall measure and make note of lane widths.

38077.00180\29080232.9 -234-
E-14 TRAFFIC MARKING
ii. Wherever existing stripes or pavement markers interfere or conflict with new striping or are indicated to be removed, Contractor shall remove all conflicting markings by abrasive grinding or sandblasting or other approved methods. All existing thermoplastic stripes or markings and all raised pavement markers in areas designated to receive asphalt overlay shall be removed by abrasive grinding or sandblasting or other methods acceptable to the Engineer. Payment for removal of existing markings and preparing a Lead Compliance Plan shall be
considered included in other items of work and no separate payment shall be made therefore.
iii. Waste from removal of yellow thermoplastic and yellow painted traffic stripe may contain lead chromate in average concentrations greater than or equal to 350 ppm and less than 1000 ppm Total Lead. Yellow thermoplastic and yellow paint traffic stripe exist along the length of the project. Residue produced when yellow thermoplastic and yellow paint are removed may contain heavy metals in concentrations that exceed thresholds established by the California Health and Safety Code and may produce toxic fumes when heated.
iv. The removed yellow thermoplastic and yellow paint shall be disposed of at a Class 1 disposal facility or a Class 2 disposal facility permitted by the Regional Water Quality Control Board in conformance with the requirements of the disposal facility operator within 5 days after accumulating 220 pounds of residue and dust.

The Contractor shall make necessary arrangements with the operator of the disposal facility to test the yellow thermoplastic and yellow paint residue as required by the facility and these special provisions. Testing shall include, at a minimum, (1) Total Lead and Chromium by EPA Method 7000 series and (2) Soluble Lead and Chromium by California Waste Extraction Test. From the first 887 gallons of waste or portion thereof, if less than 887 gallons of waste are produced a minimum of four randomly selected
samples shall be taken and analyzed. From each additional 222 gallons of waste or portion thereof, if less than 222 gallons are produced a minimum of one additional random sample shall be taken and analyzed. The Contractor shall submit the name and location of the disposal facility and analytical laboratory along with the testing requirements to the Engineer not less than 2 days prior to the start of removal of yellow thermoplastic and yellow painted traffic stripe. The analytical laboratory shall be certified by the Department of Health Services Environmental Laboratory
Accreditation Program. Test results shall be provided to the Engineer for review prior to signing a waste profile as requested by the disposal facility, prior to issuing an EPA identification number and prior to allowing removal of the waste from the site.

38077.00180\29080232.9 -235-
E-14 TRAFFIC MARKING
v. The Contractor shall prepare a project specific Lead Compliance Plan to prevent or minimize worker exposure to lead while handling removed yellow thermoplastic and yellow paint residue.

Attention is directed to Title 8, California Code of Regulations, Section 1532.1, “Lead,” for specific Cal OSHA requirements when working with lead.
vi. The Lead Compliance Plan shall contain the elements listed in Title 8, California Code of Regulations, Section 1532.1(e)(2)(B).

Before submission to the Engineer, the Lead Compliance Plan shall be approved by an Industrial Hygienist certified in Comprehensive Practice by the American Board of Industrial Hygiene. The Plan shall be submitted to the Engineer at least 10 days prior to beginning removal of yellow thermoplastic and yellow paint.
vii. Prior to removing yellow thermoplastic and yellow painted traffic stripe and pavement marking, personnel who have no prior training, including State personnel, shall complete a safety training program provided by the Contractor that meets the requirements of Title 8, California Code of Regulations, Section 1532.1, “Lead,” and the Contractor’s Lead Compliance Program.
viii. Personal protective equipment, training, and washing facilities required by the Contractor’s Lead Compliance Plan shall be supplied to the Engineer by the Contractor. The number of City personnel will be 2.
ix. Where grinding or other methods approved by the Engineer are used to remove yellow thermoplastic and yellow painted traffic stripe, the removed residue, including dust, shall be contained and collected immediately. Sweeping equipment shall not be used.

Collection shall be by a high efficiency particulate air filter (HEPA) equipped vacuum attachment operated concurrently with the removal operations or other equally effective methods approved by the Engineer. The Contractor shall submit a written work plan for the removal, storage, and disposal of yellow thermoplastic and yellow painted traffic stripe and pavement marking to the Engineer for approval not less than 7 days prior to the start of the removal operations. Removal operations shall not be started until the Engineer has approved the work plan.

38077.00180\29080232.9 -236-
E-14 TRAFFIC MARKING
x. The removed yellow thermoplastic and yellow painted traffic stripe residue shall be stored and labeled in covered containers. Labels shall conform to the provisions of Title 22, California Code of Regulations, Sections 66262.31 and 66262.32. Labels shall be marked with date when the waste is generated, the words “Hazardous Waste”, composition and physical state of the waste (for example, asphalt grindings with thermoplastic or paint), the word “Toxic”, the name and address of the Engineer, the Engineer’s telephone number, contract number, and Contractor or subcontractor. The containers shall be a type approved by the United States Department of Transportation for the transportation and temporary storage of the removed residue. The containers shall be handled so that no spillage will occur. The containers shall be stored in a secured enclosure at a location within the project limits until disposal, as approved by the Engineer. xi. If the yellow thermoplastic and yellow painted traffic stripe residue is transported to a Class 1 disposal facility, a manifest shall be used, and the transporter shall be registered with the California Department of Toxic Substance Control. The Engineer will obtain the United States Environmental Protection Agency Identification Number and sign all manifests as the generator within 2 working days of receiving sample test results and approving the test methods.
xii. The Contractor shall assume that the yellow paint removed is not regulated under the Federal Resource Conservation and
Recovery Act (RCRA). Additional disposal costs for removal residue regulated under RCRA, as determined by test results required by the disposal facility, will be paid for as extra work as provided in Section 4 1.05, “Changes and Extra Work,” of the Standard Specifications.
xiii. Nothing in these special provisions shall relieve the Contractor of the Contractor’s responsibilities as specified in Section 7 1.04, “Public Safety,” of the Standard Specifications.
l) Temporary Pavement Markers:
i. If permanent pavement markers cannot be installed immediately after resurfacing, short-term temporary retro reflective pavement markers shall be installed prior to opening the street to traffic.

Temporary markers shall be monitored, maintained and replaced by the contractor as necessary until such time that permanent striping can be applied.
ii. Temporary pavement markers shall be placed not more than 12- feet apart on curves nor more than 24-feet apart on straight segments, in the quantity and appropriate colors to delineate centerlines (two yellow markers spaced 3 inches apart) and travel lanes (single white marker). Edge lines, median lines and bike lanes need not be marked.

38077.00180\29080232.9 -237-
E-14 TRAFFIC MARKING
m) Layout and Cat-Tracking:
i. No permanent striping or application of pavement markers shall occur until after the Contractor has field marked and established a satisfactory alignment and layout for the proposed striping (cattracking) and this alignment has been approved by the Engineer.

Cat-tracking shall be completed no more than three (3) days after each roadway section’s paving operation.
ii. Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope.
iii. The City shall have the right to make changes in the location and alignment of line stripes. Striping and traffic markings shall not be applied until approval is granted by the Engineer. The Contractor shall allow a minimum of three working days for review of the layout by the City. Contractor shall notify City inspector when layout and cat-tracking are ready for review. Receipt of notification shall signify the start of City review period.

1.4 MEASUREMENT AND PAYMENT:
a) The contract price paid per Linear Foot for “Traffic Line (by Detail Number or Type)” or “Pavement Marking (by Detail Number or Type)”, shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in furnishing and placement of traffic lines and pavement markers, complete in place, and shall include establishing alignment and layout work as shown on the Contract Drawings, as specified in the State Standard Specifications and Plans, these Technical Provisions, and as directed by the Engineer and no additional compensation shall be allowed therefore.

Traffic Line quantity shall be measured in the field by the linear foot along the centerline of the traffic stripes, without deductions for gaps. Traffic line with multiple lines will count by lineal foot along the centerline for payment, not the total length of the individual component lines. b) The contract price paid per Square Foot for “Traffic Line (by Type)” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in furnishing and placement of thermoplastic pavement marking, complete in place, removal of existing marking and striping, establishing alignment for markings and layout work as shown on the Contract Drawings, as specified in the Standard Specifications and Plans, these Technical Provisions, and as directed by the Engineer and no additional compensation shall be allowed therefore.

38077.00180\29080232.9 -238-
E-14 TRAFFIC MARKING
c) The contract price paid per Each for “Pavement Marking (Type of Marking)” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in furnishing and placement of thermoplastic pavement marking, complete in place, removal of existing marking and striping, establishing alignment for markings and layout work as shown on the Contract Drawings, as specified in the Standard Specifications and Plans, these Technical Provisions, and as directed by the Engineer and no additional compensation shall be allowed therefore.
d) The contract Unit price paid for “Blue Reflective Raised Pavement Marker” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in furnishing and placement of pavement marker, complete in place, including adhesives, establishing alignment for pavement markers as shown on the Contract Drawings, as specified in the State Standard Specifications and Plans, these Technical Provisions, and as directed by the Engineer and no additional compensation shall be allowed therefore. e) The contract price paid per Linear Foot for “Red Curb” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in painting curbs at median noses, fire hydrants, intersection corners, no parking areas, bus stops, and other locations as shown on plans, complete in place, and shall include establishing alignment and layout work as shown on the Contract Drawings, as specified in the State Standard Specifications and Plans, these Technical Provisions, and as directed by the Engineer and no additional compensation shall be allowed therefore.
f) The contract price paid per Each for “Roadside Sign and Post”, “Roadside Sign”, and “Relocate Existing Sign and Post” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in furnishing and placement of roadside sign on existing post, complete in place, furnishing and placement of roadside sign on new post, relocation of existing sign and post, as shown on the Contract Drawings, as specified in the State Standard Specifications and Plans, these Technical Provisions, and as directed by the Engineer and no additional compensation shall be allowed therefore.
g) Full compensation for work involved in the removing existing traffic marking and striping including providing necessary tools, materials, equipment, coordination and Lead Compliance Plan shall be considered as included in the contract prices paid for various items of work involved, and no additional compensation shall be allowed.

38077.00180\29080232.9 -239-
E-14 TRAFFIC MARKING
h) Full compensation for work involved in replacing/refreshing any existing traffic marking and striping within 50’ of the project limits that have been damaged or faded due to construction activities shall be considered as included in the contract prices paid for various items of work involved, and no additional compensation shall be allowed.

PART 2 – (NOT USED)
PART 3 – EXECUTION
a. The Contractor shall layout all final traffic stripes and pavement markings in the field. The Engineer shall review and approve all striping and marking layouts prior to installation.
b. Where striping joins existing striping, as shown on the Contract Drawings, the Contractor shall begin and end the transition from the existing striping pattern into or from the new striping pattern a sufficient distance to ensure continuity of the striping pattern.
c. All striping and markings shall be of thermoplastic materials, except where explicitly noted otherwise. Striping shall be refreshed fifty (50) feet beyond the limit of work.
d. Pavement markings and striping shall be installed no later than fourteen (14) days after the final resurfacing. Two coats of paint shall be installed and a refresh coat to be placed 28 days after paving.
e. The Contractor is responsible to establish and provide information as necessary to reestablish the location of the existing roadway striping that is to be replaced after paving operations. The proposed type and frequency of information to be provided shall be submitted to the Engineer for approval at least 5 days prior to start of paving operations.
f. All permanent painted traffic stripes shall have a wet film thickness of 15 mils. Black paint for contrast shall have a wet film thickness of 7 mils. The Contractor shall apply two coats of paint at each location in the presence of the Engineer. Any coats of paint applied without the presence of the Engineer shall not be accepted.
g. The Contractor shall layout all final fire hydrant pavement markers in the field. The Engineer or Fire Marshal shall review and approve all layouts prior to installation.
h. Drips, overspray, improper markings, and paint and thermoplastic material tracked by traffic shall be immediately be removed approved by the Engineer at the Contractor’s expense.
i. Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or any other causes until the thermoplastic material is thoroughly set or the paint is thoroughly dry.

38077.00180\29080232.9 -240-
E-14 TRAFFIC MARKING

END OF SECTION

38077.00180\29080232.9 -241-
E-15 PORTABLE CHANGEABLE MESSAGE SIGN
E-15 PORTABLE CHANGEABLE MESSAGE SIGN
PART 1 – GENERAL

1.1 GENERAL:
a) This work consists of providing, installing, and maintaining portable changeable message signs to be placed at locations as described in this Technical provisions.

1.2 SUBMITTAL:
a) The Contractor shall submit proposed locations for the portable changeable message signs to the Engineer for approval two weeks prior to start of work. Refer to the Submittal requirements in General Conditions.

1.3 DEVICE REQUIREMENT
a) The portable changeable message signs shall be a trailer mounted midsize three-line message board with 8 characters per line and the capability of displaying up to three messages. The message sign shall specify the following: (1) Road Construction Ahead on (location), (2) Expect Delays, and (3) Dates of Construction. Contractor shall have the ability, at all times, to change the displayed message and location of signs upon direction from the Engineer.
b) Portable Changeable Message Signs:
i. Portable changeable message signs shall be furnished, placed, operated, and maintained at locations shown on the plans or where designated by the Engineer and shall conform to the provisions in Section 12-3.32, "Portable Changeable Message Signs," of the Standard Specifications and these Special Provisions.
ii. Messages displayed on the portable changeable message signs shall be as specified on the plans, unless otherwise specified by the Engineer, and shall conform to Section 12-3.32 "Portable Changeable Message Signs," of the Standard Specifications and “Traffic Control” of these specifications. Upon request submit a Certificate of Compliance for each portable changeable message sign under Section 20-3.01A(3)(c), “Certificates of Compliance,” of the Standard Specifications.

38077.00180\29080232.9 -242-
E-15 PORTABLE CHANGEABLE MESSAGE SIGN
iii. The Contractor shall provide portable changeable message signs in accordance with these Specifications and as directed by the Engineer. These signs shall be placed a minimum of 14 calendar days prior to start of work. These signs will be required in addition to the signs required by the latest version of the CAMUTCD. iv. A portable changeable message sign shall be placed during speed zone reductions. When used in conjunction with a lane closure, use one portable changeable message sign, with both the speed zone reduction and the lane closure messages. Place portable changeable message sign as far from the traveled way as practicable where it is legible to traffic and does not encroach on the traveled way. Where possible, place portable changeable message sign behind guardrail or temporary railing (Type K). v. The Contractor must be available by cell phone for operations that require portable changeable message signs. Submit to the Engineer two cell phone numbers, for 24-hr contact. When the Engineer contacts you, immediately comply with the Engineer's request to modify the displayed message.
vi. The Contractor shall comply with all the encroachment permits’ (Caltrans) conditions/requirements and work area boundaries as shown on plans. The Contractor shall not perform any work outside these encroachments permit limits unless written approval is obtained from the Engineer, property owner, and the affected agency.

1.4 MEASUREMENT AND PAYMENT
i. The contract price paid for Each for “Portable Changeable Message Signs” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in specification section 12-3.32 “Portable Changeable Message Signs” of Caltrans Standard Specifications, including moving, relocating, replacing, and removing when no longer required, as specified in the Standard Specifications, the Special Provisions and these Technical Specifications, and as directed by the City Engineer. Moving, relocating and replacing a portable Changeable message sign is not counted once installed.

PART 2 – (NOT USED)
PART 3 – EXECUTION

38077.00180\29080232.9 -243-
E-15 PORTABLE CHANGEABLE MESSAGE SIGN
a. The signs shall be fully operable and maintained by the Contractor until completion of the project. The location of the portable changeable message sign shall not impede bike or vehicle traffic lanes or pedestrian path of travel. b. The provisions in this section will not relieve the Contractor of responsibility for providing additional devices or taking measures as may be necessary to provide public safety. Portable changeable message signs shall be available for placement and redeployment at various job locations for the full duration of the construction.
c. Portable changeable message signs shall be furnished, placed and operated one week prior to start of construction activities and shall be maintained and remain for the duration of the work.
d. Portable changeable message signs shall not be placed in a way that obstructs pedestrian, bicyclist, or vehicular access. Portable changeable message signs shall be placed a minimum of two weeks prior to the work.

END OF SECTION

38077.00180\29080232.9 -244-
E-16 PROJECT APPEARANCE, TREES, AND

SWEEPING
E-16 PROJECT APPEARANCE, TREES, AND SWEEPING
PART 1 - GENERAL

1.1 WORK INCLUDED
a) Project Appearance:
a. The Contractor shall maintain a neat, graffiti, and litter free job site with a professional appearance at all times. Debris developed during construction shall be disposed of concurrently with its generation daily.
b. The stockpiling of debris during construction shall not be allowed unless otherwise approved by the Engineer.
c. The stockpiling of materials and equipment within the street, public right-of-way, or private property shall not be permitted unless authorized by the Engineer.
b) Care shall be taken to avoid tracking debris, mud, oil, soil, asphalt concrete, or binder material onto existing surfaces. The Contractor shall be responsible to promptly remove any tracked material to the satisfaction of the Engineer.
a. Clearing shall consist of the removal of ground cover including grass, shrubs, weeds, and vegetation that will otherwise impede construction operations, as approved by Engineer.
b. At sites where the excavation has taken place near trees to remain, and many living roots remain exposed to the air, cover the exposed roots within 2 hours with sand, soil, moist burlap or other means acceptable to the Engineer.
c. Spoils from the work site resulting from clearing, grubbing and stripping operations shall be removed from the entire limits of worksite and properly disposed of in accordance with applicable laws and regulations.
c) Existing Trees:
a. The project may include work adjacent to existing mature trees where the canopy of the trees extends over or interferes with the work. It shall be the responsibility of the Contractor to conduct construction operations around said tree canopies such that the work is accomplished without damaging or injuring trees or tree limbs in any way.

38077.00180\29080232.9 -245-
E-16 PROJECT APPEARANCE, TREES, AND

SWEEPING
b. The Contractor may be permitted to trim said trees in order to facilitate construction operations after approval by the Engineer, however, the Contractor shall possess a C-27 license, a C-61 license, and the trimming shall be performed by a Certified Arborist. All trimming of trees shall be performed in accordance with “Pruning Standards,” published by the Western Chapter of the International Society of Arboriculture.
c. Tree roots greater than 3” in diameter and less than 12” below ground level shall not be cut without approval of the Engineer. d. Cut roots cleanly, as far from the trunk of the tree as possible, and not underneath the newly constructed sidewalk. Prune roots to a depth of 18".
e. Perform root pruning using a Vermeer Root Cutting Machine or equal. Alternate equipment or techniques must be approved by the Engineer. Root pruning shall be completed prior to base or subgrade preparation.
f. Complete root pruning prior to base or subgrade preparation, or to any excavation adjacent to the tree.
g. Excavation in an area where roots are present shall not cause the tearing or ripping of tree roots. Roots must first be cleanly severed prior to continuing with the excavation, or tunneled around to prevent damage to the root.
h. Tree roots shall not remain exposed to drying out. Root ends shall be covered with soil or burlap and kept moist until the final backfill or grade is established.
d) The following guidelines shall be followed whenever tree roots with a diameter of two inches or greater are encountered during the Contractor’s trenching or grading activities:
a. Trenches shall be hand dug within a tree canopy zone to avoid damage to the tree roots.
b. Upon uncovering, immediately cover the root with a board or burlap and keep it moist.
c. Backfill the exposed root area with soil as soon as the work has been completed.
d. If the tree becomes damaged, cut the damaged root clean with a saw and immediately wrap the root end with plastic secured with tape.
e) Contractor shall protect migratory and nesting birds in accordance with Section 14, “Environmental Stewardship” of the State Standard Specifications.

38077.00180\29080232.9 -246-
E-16 PROJECT APPEARANCE, TREES, AND

SWEEPING
f) Tree Protection:
a. The Contractor may be required to install Tree Protection Zone (TPZ) fencing around existing trees within or adjacent to the project Work that are to remain or be preserved as directed by the Engineer. The fencing shall be five feet tall and mounted on two inch diameter posts driven two feet into the ground every ten feet. b. The TPZ fencing shall be installed at the drip line (canopy) of the tree or at a distance from the trunk equivalent to one foot for every one-inch of trunk diameter, whichever is larger. The TPZ fence shall be maintained in place until the end of construction activities. c. Except to perform the specified Work as required as part of the project, all other activities including parking, materials storage, etc. shall be performed outside of the TPZ fencing unless directed otherwise by the Engineer. The ground surface within the TPZ shall not be disturbed except to perform the specified Work. d. Construction materials, debris, washout water, and stockpiles shall not be stored within the drip line or protective fencing area under any tree.
e. Vehicles shall not be parked under any tree within the drip line or protective fencing area.
f. Installation of orange protective fencing with stakes around trees that are within 10’ of the work limits, and with trunk calipers greater than 6 inches.
g. Where vehicles or equipment must operate or travel under drip line or unpaved landscape areas, Contractor shall place a minimum 10-inch layer of woodchips or other cushioning surface material approved by the Engineer before starting work there. This mulch layer shall be replenished as necessary to maintain a teninch depth until operations in this area are complete and shall be removed upon completion of work unless directed by Engineer.

Where crane outriggers or other heavy equipment must be positioned in drip line or unpaved landscape areas, contractor shall provide additional protection against soil compaction and landscape damage. Means of providing additional protection may include placement of additional mulch, base rock, heavy timbers, or steel plates. Contractor shall obtain Engineers approval for protective measures prior to placing or operating heavy equipment in unpaved landscape over the root areas of tress to remain. h. Where called for on the plans, place storm fence or other approved protective barriers aroun trees to be saved.

38077.00180\29080232.9 -247-
E-16 PROJECT APPEARANCE, TREES, AND

SWEEPING
i. Contractor will conduct a site meeting with the City Arborist prior to removal of any trees. Contractor to assist the City Arborist in tagging the tree, and documenting the Arborist permission to remove tree, prior to any tree removal
g) Sweeping:
a. City streets within the project site, including those of the Contractor’s truck haul route shall be swept daily and immediately following all cold planing, grinding, sandblasting, excavating and trucking operations.
b. The Contractor shall sweep the street with a power pick-up broom immediately prior to, and after the paving operations. The Contractor shall keep a power pick-up broom on the job at all times and it shall be used to keep the streets free of loose or tracked material from the Contractor’s operation.
c. Power sweepers that don’t pick-up the material shall not be used.

1.2 REFERENCES
a) Cal/OSHA – California Division of Occupation Safety and Health b) Undergound Services Alert (USA)

1.3 MEASUREMENT AND PAYMENT:
a) Full compensation for “Project Appearance, Trees and Sweeping” shall be considered as included in the contract unit prices paid for the various items of work performed and no additional compensation will be allowed.

PART 2 - (NOT USED)
PART 3 - (NOT USED)

END OF SECTION

38077.00180\29080232.9 -248-
E-17 PRESERVATION OF PROPERTY
E-17 PRESERVATION OF PROPERTY
PART 1 – GENERAL

1.1 Work of this section includes preserving and protecting a) Highway improvements and facilities
b) Adjacent property
c) Waterways
d) ESAs
e) Lands administered by other agencies
f) Railroads and railroad equipment
g) Nonhighway facilities, including utilities
h) Survey monuments
i) Department's instrumentation
j) Temporary work
k) Roadside vegetation not to be removed
l) Comply with Govt Code § 4216 et seq. Notify the Engineer at least 3 business days before you contact the regional notification center. Failure to contact the notification center prohibits excavation. m) Immediately report damage to the Engineer.
n) If you cause damage, you are responsible.
o) The Department may make a temporary repair to restore service to a damaged facility.
p) Install suitable safeguards to preserve and protect facilities from damage. q) Install temporary facilities, such as sheet piling, cribbing, bulkheads, shores, or other supports, necessary to support existing facilities or to support material carrying the facilities.

38077.00180\29080232.9 -249-
E-17 PRESERVATION OF PROPERTY

1.2 OBJECTIVES
a) Contractor shall protect, shore, brace, support, and maintain all landscaped areas (sod, groundcover, shrubs, trees, etc.), underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by its construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures that are not to be demolished, and all landscaped areas in yards, parkways, and medians that are damaged by the Contractor’s construction operations, whether within or outside the project limits, shall be restored to their original condition by the Contractor, at their own expense, to the satisfaction of the Engineer and the Private Property Owner. All replacements shall be made with new materials.

Special care shall be taken to protect private property adjacent to sidewalk and curb ramp work.
b) Contractor shall be responsible for all damage to landscaped areas, streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work, Site or any part thereof, whether by Contractor or Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the City, or the agency or authority having jurisdiction over the damaged property, concerning its repair, replacement or payment of costs incurred in connection with the damage. c) Preserve and protect existing trees and plants at the site which are designated to remain and those adjacent to the site. Contractor’s attention is directed to the Contract Documents for additional requirements and restrictions as it pertains to the protection of existing trees and plants.
d) The minimum size of replacement trees shall be a 24-inch box. e) Replace shrubs with no. 15-container shrubs
f) Damage to slopes, plants, irrigation systems and other facilities that occur as a result of irrigation line break or other defects in an irrigation system installed by or broken by the Contractor, shall be repaired or reconstructed by the Contractor to the satisfaction of the Engineer and at no additional cost to the City.
g) Damage caused by or as a result of improper programming or operation of the irrigation system during the plant establishment period shall be repaired or reconstructed by the Contractor to the satisfaction of the Engineer and at no additional cost to the City.

1.3 REFERENCES
a) Standard Plans and Specifications, California Department of Transportation, latest edition.

1.4 MEASUREMENT AND PAYMENT:

38077.00180\29080232.9 -250-
E-17 PRESERVATION OF PROPERTY
a) Full compensation for “Preservation of Property” shall be considered as included in the contract unit prices paid for the various items of work performed and no additional compensation will be allowed. i. Pre-Construction (Existing) Condition Site Video meeting the requirements specified below and in accordance with General Requirements section 01 00 00, “Site Conditions Surveys”. ii. Prior to starting work, the Contractor shall provide a videotape (DVD format) of the job site for the purpose of providing a record of existing conditions. The video record shall provide a view encompassing the entire project site, including plus 20 feet beyond the Contractors limit of work. The record shall include clear details of all existing above ground improvements, including but not limited to, pavement, landscaping and irrigation, sidewalk, driveways, curb and gutter.
iii. The video record shall include audio commentary describing what is being viewed, all provide detail of significant existing damage and disrepair, cracks, settlements, deficiencies, or any other preexisting condition. iv. The Contractor shall perform the actual recording at a time when the street is not filled with parked vehicles. Any significant preconstruction (existing) conditions shall also be photographed to a 4x6 size, matte finish and shall be accompanied by a brief narrative of date, location, and conditions.

PART 2 - (NOT USED)
PART 3 - (NOT USED)

END OF SECTION

38077.00180\29080232.9 -251-
E-18 CONTROL OF WATER
E-18 CONTROL OF WATER
PART 1 – GENERAL

1.1 OBJECTIVES
a) The Contractor is responsible for implementing measures as required to allow for work to proceed during wet weather, should wet weather occur, and when ground water is present. The Contractor is advised that the groundwater surface in the City of Milpitas is high and may be just below the pavement surface. Contractor shall provide all necessary labor and materials required to protect the work from wet weather and to allow work to proceed without delay.
b) The Contractor shall remove all water that accumulates in all excavations during the progress of work so that all work may proceed. Excavated areas shall be kept free from water while underground utilities or structures are constructed, while concrete is setting, and until backfill has been placed to a sufficient height to anchor the work against possible flotation or leakage.
c) The Contractor’s dewatering system shall be designed to prevent pumping fines from below grade or disturbing materials exposed at the excavation bottom. Attention is directed to other related sections in these specifications.
d) Disposal of water through dewatering operations shall conform to the requirements of these Contract Documents and State and Federal Law.

Water from dewatering operations shall not be directed into existing sanitary sewers unless the Contractor obtains a City of San Jose Short Term Wastewater Discharge Permit. Discharge to storm drains, creeks and channels will not be allowed. The Contractor shall submit written procedures in accordance with Article 15, Submittals, for the disposal of water extracted under such conditions to the City for approval 15 days prior to work. The Contractor shall be held responsible for any fines and penalties assessed due to the disposal of extracted water deemed in violation of said approved procedures.

1.2 SUBMITTALS
a) Dewatering Plan and Discharge to Sanitary Sewer:
i. Dewatering Plan: Where required by these Contract Documents, the Contractor shall provide a detailed Dewatering Plan designed by a licensed Civil Engineer.

38077.00180\29080232.9 -252-
E-18 CONTROL OF WATER
ii. The Contractor shall, at all times, have sufficient pumping equipment available for immediate use including standby pumps for use in case other pumps become inoperable. Water shall be disposed of so as to be compliant with the law, and so it does not cause injury to public or private property or be a menace to the public health.
iii. The Contractor’s dewatering system shall be designed to prevent pumping fines from below grade or disturbing materials exposed at the excavation bottom. Attention is directed to other related sections in these specifications.
iv. Disposal of water through dewatering operations shall conform to the requirements of these Contract Documents and Local, State and Federal Law.
b) Discharge to Sanitary Sewer:
i. The Contractor shall obtain approval from the Engineer prior to any discharge to the City’s sewer system. In addition, the Contractor shall obtain a “Short-Term” Wastewater Discharge Permit from the City of San Jose Environmental Services Department, including payment of any required permit fees. ii. The Contractor shall monitor its discharge flow rate to ensure surcharging of the downstream sewer system does not occur, and provide all flow measurement, testing, or other requirements of the Wastewater
iii. Discharge Permit, and shall be responsible for all costs as required to discharge to the sewer system.
iv. The Contractor shall be responsible for any fines, or related costs and repairs for damage or clean-up resulting from its discharge operation.

1.3 MEASUREMENT AND PAYMENT
a) Full compensation for “Control of Water” shall be considered as included in the contract unit prices paid for the various items of work performed and no additional compensation will be allowed.

PART 2 - (NOT USED)
PART 3 - (NOT USED)

END OF SECTION

38077.00180\29080232.9 -253-
E-19 COOPERATION
E-19 COOPERATION
PART 1 – GENERAL

1.1 OBJECTIVES
a) The Contractor shall coordinate with and accommodate any other contractors who may be working in the area when preparing work schedules, and when executing items of work including traffic control. b) The Contractor shall coordinate with utility companies for relocation of any existing utilities or cover adjustments. The Contractor shall give the required advance notice of work to the utility company. c) The Contractor’s work shall be so conducted to allow utility companies to maintain services and relocate their facilities with the minimum of interruption to the public. Proper coordination with utility company staff is critical to ensure that their facility is relocated prior to installation of new improvements by the Contractor.

1.2 REFERENCES
a) Standard Plans and Specifications, California Department of Transportation, latest edition.

1.3 MEASUREMENT AND PAYMENT:
a) Full compensation for “Cooperation” shall be considered as included in the contract unit prices paid for the various items of work performed and no additional compensation will be allowed.

PART 2 - (NOT USED)
PART 3 - (NOT USED)

END OF SECTION

38077.00180\29080232.9 -254-
E-20 OBSTRUCTIONS
E-20 OBSTRUCTIONS
PART 1 – GENERAL

1.1 OBJECTIVES
a) Attention is directed to Section 15, "Existing Facilities," of the State Standard Specifications.
i. The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety, and welfare of workers and of the public. Facilities requiring special precautions include, but are not limited to, storm drainage pipes, sanitary sewers, irrigation lines, telephone ducts, water line, traffic signal conduit, gas lines, and underground electrical cables. Some of the facilities might be relocated by the various utility companies.

The locations of the facilities as shown on the plans are approximate. It is the Contractor's responsibility to verify the exact locations and depths with the respective utility company. b) Underground Services Alert (USA) 811:
i. Prior to any underground excavation, the Contractor shall contact Underground Services Alert (USA) 811 a minimum of 48 hours prior to the beginning of each excavation.
ii. The Contractor shall notify USA at 1-800-227-2600 to locate and mark existing subsurface utilities within the Contractor’s project site. The Contractor shall also be responsible for contacting private utility companies for the review of their as-built records for their underground utilities.
iii. The Contractor shall have the responsibility to contact directly all agencies that do not participate in USA program to arrange for the location and mark-out of their utilities. The California Department of Transportation (Caltrans) is an example of such an agency that does not participate in the USA program.
c) Unmarked Utilities:
i. As required by law, should the Contractor find utilities during excavation that were unmarked by the USA locate process, that Contractor shall immediately notify Underground Services Alert (USA) 811 of the find and request they respond.

38077.00180\29080232.9 -255-
E-20 OBSTRUCTIONS
d) The following utilities have facilities within the limits of work:
i. PG&E Gas/Electrical
ii. City of MilpitasWater, Recycled Water, Storm Drain, and Sanitary Sewer lines; Street light, Traffic Signal, and Fiber Optics iii. AT&T Telephone/Fiber Optics
iv. Verizon Telephone/Fiber Optics
v. Zayo Telephone/Fiber Optics
vi. Comcast Cable TV/ Fiber Optics
vii. VTA Rail/Gas
e) Protection and repair of damage of laterals and appurtenances shall be the responsibility of the Contractor.
f) In the event that water services, fire hydrants, storm drain pipes, city fiber optics, or other appurtenances are broken or damaged, the Contractor shall immediately notify the Engineer. The Contractor shall be required to repair, at their own expense, such damage in a manner satisfactory to the Engineer, or City forces may repair such damage at the Contractor's expense.
g) In the event damage is done to any gas, electric, cable TV, fiber optics, or telephone facility by the Contractor, the Contractor shall immediately notify the respective utility company. The utility company at the Contractor’s expense shall make repairs.

1.2 MEASUREMENT AND PAYMENT:
a) Full compensation for “Obstructions” shall be considered as included in the contract unit prices paid for the various items of work performed and no additional compensation will be allowed.

PART 2 - (NOT USED)
PART 3 - (NOT USED)

END OF SECTION

38077.00180\29080232.9
256 E-21 TRAFFIC SIGNAL MODIFICATION
E-21 TRAFFIC SIGNAL MODIFICATION
PART 1 – GENERAL

1.1 WORK INCLUDED
a) Work covered by this section includes the furnish and installation of pedestrian push button poles, conduit, cables, APS push buttons, and Cabinet Control Unit.

1.2 REFERENCES
a) 2024 Caltrans Standard Specifications (CSS) and Caltrans Standards Plans (CSP)
b) Section 86 and 87, Standard Specification for Electrical Work c) Standard Plans for Electrical Systems (Signal and Lighting Standards) ES-7A
d) Standard Plans for Electrical Systems (Signal and Lighting Standards) ES-5C, ES-5D

1.3 SUBMITTALS
a) Contractor shall submit certificates from suppliers stating compliance of materials with the requirements of this section.

1.4 MEASUREMENT AND PAYMENT
a) The contract price paid per Each for “APS Cabinet Control Unit” shall include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installation of the Accessible Pedestrian Signal Cabinet Control Unit in the existing traffic signal cabinet, specified herein, tested, and as necessary for a complete and functioning system to the satisfaction of the Engineer, and no additional compensation shall be made therefor
b) Full compensation for “Remove Pedestrian Push Button and Install Accessible Pedestrian Signal” shall be considered as included in the lump sum cost paid per each intersection listed in the bid schedule for the various items of work performed and shall include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in modification of traffic signal poles, conduit, cables, APS push buttons, specified herein, tested, and as necessary for a complete and functioning system to the satisfaction of the Engineer, and no additional compensation shall be made therefor

38077.00180\29080232.9
257 E-21 TRAFFIC SIGNAL MODIFICATION
c) The contract price paid per Sq Yd for “Cape Seal” full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in CAPE SEAL including preparing the roadway surface for seal coat, protecting existing utility covers within seal coat limits, placement of the rubberized asphalt binder, placement of precoated aggregate, rolling, and sweeping. Screenings and modified binder shall be considered as included in the contract unit prices paid for the various items of work performed in Cape Seal and no additional compensation will be allowed.

PART 2 - MATERIAL AND EQUIPMENT

2.1 PUSH BUTTON POST POLE ASSEMBLY (PPB POST)
a) PPB Post shall comply with Section 86-1.02J and shall comply with Caltrans Standard Plan ES-7A.

2.2 CONDUIT (2”)
a) Conduit shall be type 3 as detailed in Caltrans Standard Specification Section 86-1.02B (Conduit and Accessories). Shall comply with Caltrans Standard Specifications 86-1.02B and 87-1.0 3B

2.3 AUDIBLE PEDESTRIAN SIGNAL PUSH BUTTON ASSEMBLY (APS) a) Audible Pedestrian Signal Push Button Assembly shall be PedSafety Guardian Wave FS912 APS or City approved equivalent. Shall include all equipment necessary for a full functioning system.

2.4 CONDUCTORS
a) Shall comply with Caltrans Standard Specifications Section 86-1.02F (Conductors and Cables).

PART 3 – EXECUTION

3.1 CONDUIT (2”)
a) Shall comply with Caltrans Standard Specifications Section 87-1.03B (Conduit Installation).

3.2 CONDUCTORS
a) Shall comply with Caltrans Standard Specifications Section 87-1.03F(3) (Conductors).

3.3 AUDIBLE PEDESTRIAN SIGNAL PUSH BUTTON ASSEMBLY (APS) a) Contractor shall install all equipment specified in this section and necessary accessories intended for installation as shown on the plans or as specified in these special conditions, Caltrans Standard Specification Section 87-1.03U

38077.00180\29080232.9
258
(Push Button Assemblies) and manufacturer’s specifications, and as directed by the Engineer

END OF SECTION

38077.00180\29080232.9
259 E-22 LANDSCAPE MATERIAL
E-22 LANDSCAPE MATERIAL
PART 1 – GENERAL

1.1 WORK INCLUDED
Work covered by this section includes the removal, disposal, and installation of Root Barrier and Header Board.

1.2 SUBMITTALS
Contractor shall submit certificates from suppliers stating compliance of materials with the requirements of this section and City std details No. 414 & 448.

1.3 MEASUREMENT AND PAYMENT
The contract price paid per LF for “Root Barrier and Remove and Replace Header Board” shall include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in removal, disposal, and installation of the Header Board and Root Barrier, specified herein, tested, and as necessary for a complete and functioning system to the satisfaction of the Engineer, and no additional compensation shall be made therefor.

PART 2 - MATERIAL AND EQUIPMENT

2.1 ROOT BARRIER
Root Barrier shall be from “BIO BARRIER” with 18” min. depth as shown in City Std detail 448. Install in locations shown on the plans, per the manufacturer’s specifications.

2.2 HEADERBOARD
Header board shall be 2”x4” for straight sections and 1”x4” Benda Board laminated to 2” thick for curved sections, with associated stakes, comprised of 100% recycled plastic by Epic Plastics, or approved equal. Color shall be integral brown. Stake color to match header board. Available through Bee Green (510) 635- 1779. Install in locations shown on the plans, per the manufacturer’s specifications.

PART 3 – EXECUTION

3.1 ROOT BARRIER
Shall comply with City Standard Detail No. 448 and be installed according to the City Inspector's on-site directions at the location specified in the approved plans.

38077.00180\29080232.9
260 E-22 LANDSCAPE MATERIAL

3.2 HEADERBOARD
Shall comply with City Standard Detail No. 414. The City Inspector will determine on-site which areas qualify for existing header board removal. The contractor is responsible for disposing of the removed header board at no additional cost to the City.

END OF SECTION

38077.00180\29080232.9
261 EXHIBIT “A” – City Standard Forms
EXHIBIT “A” – CITY STANDARD FORMS

38077.00180\29080232.9
262 EXHIBIT “A” – City Standard Forms

CITY TRUCK ROUTE MAP

38077.00180\29080232.9
263 EXHIBIT “A” – City Standard Forms

SPECIAL EQUIPMENT

38077.00180
\29080232.9
264 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
265 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
266 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
267 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
268 EXHIBIT “A”
– City Standard Forms

38077.00180\29080232.9
269 EXHIBIT “A” – City Standard Forms
City of Milpitas
455 E. Calaveras Blvd.

Milpitas, California 95035
Date
Contractor
Address
Subject: Project #, name

NOTICE OF INTENT TO AWARD
Dear Mr. _______:

The Milpitas City Council, at its meeting of __________, is scheduled to award the subject project to your company. Enclosed are the following documents, which require the signature of representatives of your company:
1 Contract 2 copies

2. Faithful Performance Bond 2 copies

3. Payment Bond 2 copies

4. Data Sheet: Regarding Bonding Co. 1 copy

5. Certificate of Insurance 1 copy

6. Data Sheet: Regarding Insurance Co. 1 copy

7. Certificate of Worker’s Compensation Insurance 1 copy

8. Contractor’s Certificate Relating To Worker’s Compensation Insurance 1 copy

9. Data Sheet: Regarding Worker’s Compensation Insurance Co. 1 copy

10. City Business License1 copy

11. Taxpayer Identification Number and Certification 1 copy

12. Apprenticeship Standards 1 copy

13. Urban Runoff Prevention, BMP, SWPPP Acknowledgement 1 copy Please refer to the project specifications regarding the time limit for execution of the contract with the City. Your attention is also directed to Specification Special Conditions and elsewhere within the Contract Documents regarding the start of the first chargeable day, and other items to be completed by the contractor prior to receiving a notice-to-proceed.

Please return the signed construction contract, bonding and insurance documents to my attention by _________ (to facilitate a timely completion). In addition, please submit a construction schedule, SWPPP, traffic control plan including staging and haul route, concrete mix design, R-bar, notices, site video, Contractor Safety Plan, Contractor’s Caltrans permit, and other (refer to the Special Conditions for additional items) for review by ______________.

Please contact me at (408) 586-____ to schedule a pre-construction conference. Your attention is directed to Specification Special Conditions which requires the attendance of the Contractor’s Representative and Job Superintendent at the pre-construction conference. Please be advised that no work may proceed until the contract documents have been fully executed and your copy of the notice to proceed is issued to you.

Sincerely,
______________
Project Engineer
Enclosure

38077.00180\29080232.9
270 EXHIBIT “A” – City Standard Forms
City of Milpitas
455 E. Calaveras Blvd.

Milpitas, California 95035
Date
Contractor
Subject: Project #, name
Notice of Award
Dear _____________ ____:

The Milpitas City Council, at its meeting of ___________, has awarded the subject project to your company. The contract document forms (including the bonds, insurances, business license, and other related documents) had been previously sent to you via the notice of intent to award. Please refer to the project specifications regarding the time limit for execution of the contract with the City. Your attention is also directed to Specification Special Conditions and elsewhere within the Contract Documents regarding the start of the first chargeable day, and other items to be completed by the contractor prior to receiving a notice-to-proceed.

Please return the signed construction contract, bonding and insurance documents to my attention by _____________ (to facilitate a timely completion). In addition, please submit a construction schedule, SWPPP, traffic control plan including staging and haul route, concrete mix design, R-bar, notices, site video, Contractor Safety Plan, Contractor’s Caltrans permit, and other (refer to the Special Conditions for additional items) for review by _______________.

Please contact me at (408) 586-3___ to schedule a pre-construction conference. Your attention is directed to the Special Conditions, which requires the attendance of the Contractor’s Representative and Job Superintendent at the pre-construction conference. Please be advised that no work may proceed until the contract documents have been fully executed and your copy of the notice to proceed is issued to you.

Sincerely,
________________
Project Engineer

38077.00180\29080232.9
271 EXHIBIT “A” – City Standard Forms
455 East Calaveras Boulevard, Milpitas, California 95035-5479 Purchasing Division: 408-586-3161
www.milpitas.gov

NOTICE TO PROCEED
[INSERT DATE]
[INSERT CONTRACTOR/CONSULTANT NAME]
[INSERT ADDRESS]
RE: City of Milpitas – [INSERT PROJECT NAME] – [INSERT PROJECT NUMBER] Pursuant to the terms of the agreement between [INSERT CONTRACTOR/CONSULTANT NAME] and the City dated [INSERT DATE], you are hereby notified to commence work on ____________, 20__. The period for performance of the above-captioned project will commence to run on __________________, 20__. The time for performance set forth in the agreement is [INSERT EITHER “[INSERT NUMBER OF DAYS] ([INSERT NUMERICAL DAYS]) consecutive calendar days from the commencement date above” OR “by no later than [INSERT COMPLETION DATE]”].

You are required to return an acknowledged copy of this Notice to Proceed to the City.

Sincerely,
[INSERT NAME AND TITLE]
City of Milpitas
Received and Accepted:
[INSERT CONTRACTOR/CONSULTANT NAME]
By:

Print Name:

Title:

City of Milpitas

38077.00180\29080232.9
272 EXHIBIT “A” – City Standard Forms

SUBMITTAL COVER SHEET
SUBMITTAL NO. : DATE SUBMITTED:

PROJECT:__________________________________ PROJECT #:

FROM: GENERAL CONTRACTOR TO: CITY OF MILPITAS

ENGINEERING DIVISION
455 E. CALAVERAS BLVD.

MILPITAS, CA 95035
Phone #: Attn.__________________
Specification Check If Substitution
Item Section/Plan Sheet Submittal Description or Exception Comment / Date Required
1 2
3 4
_______________________________________________________________________________ I certify that this submittal is in conformance with the requirements of the Contract Documents and is not in conflict with other submittals. Any proposed submittal substitution or exception is fully indicated within the submittal, and the proposed substitution or exception is in compliance with the Contract Documents. __________________________________
General Contractors Signature
DESIGN CONSULTANT RESPONSE: Date Received:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Reviewer: ____ Date Transmitted to City: _____________________________ CITY RESPONSE: Date Received: _____
NO EXCEPTIONS NOTED – The City does not find any exceptions to the submittal, relying solely upon information provided in the submittal including the contractor’s certification, and subject to its compatibility with future submittals and additional partial submittals for portions of the work not covered in this submittal. Does not constitute acceptance or deletion of specified or required items not shown in a partial submittal.

MAKE CORRECTIONS NOTED – The same as above, except that minor corrections as noted by the Engineer shall be made by the Contractor. No resubmittal is required.

REVISE AND RESUBMIT – Rejected due to noncompliance with the requirements of the project plans and Specifications because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the Engineer.

38077.00180\29080232.9
273 EXHIBIT “A” – City Standard Forms
SUBMIT SPECIFIED ITEM – Submittal is rejected because the submitted material does not conform to the requirements of the project plans and specifications in major respects. This material is not to be resubmitted, and it is expected that the material specified in the project plans and specifications be submitted.

City Reviewer: Date:

38077.00180\29080232.9
274 EXHIBIT “A” – City Standard Forms

REQUEST FOR INFORMATION
RFI #: __________ DATE CREATED:

PROJECT:_________________________________ PROJECT #:

FROM: GENERAL CONTRACTOR TO: CITY OF MILPITAS

ENGINEERING DIVISION
455 E. CALAVERAS BLVD.

MILPITAS, CA 95035
Phone #: ATTN.:

Subject:

INFORMATION REQUESTED: Date Required:

Specification/Plan Sheet Reference:

I certify that this is not a frivolous Request For Information and that I have completely reviewed all project Contract Documents and to the best of my professional judgment have determined that the information requested is not obvious or found.
______________________________________
General Contractor Signature
________________________________________________________________________________ DESIGN CONSULTANT RESPONSE: Date RFI Received:

Response by Date Answered
______________________________________________________________________________ CITY RESPONSE: Date RFI Received:

Response by Date Answered:

38077.00180\29080232.9
275 EXHIBIT “A” – City Standard Forms

NOTICE OF NON-COMPLIANCE
Date & Time Issued:

To: _______________________
_______________________
_______________________
Project:_________________________________ Project Number: _______ In accordance with General Conditions of the Project Specifications, you are hereby notified that the following work is defective and does not comply with the requirements of the Project Contract Documents: __________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Work found to be defective or not in compliance with the Contract Documents shall not be paid for by the City, and it shall be the Contractor's responsibility to remove and replace the defective Work at no additional cost to the City. The Contractor shall determine what corrective action is necessary to bring the Work into compliance, and shall notify the Engineer prior to starting corrective action.

City Project Manager:

City Inspector:

Notice of Non-Compliance was received by: / /

38077.00180\29080232.9
276 EXHIBIT “A” – City Standard Forms

FIELD MEMORANDUM
Date: _______________________ Page 1 of
To: _______________________
From: _______________________
Project: _____________________________________________________________ Subject: _____________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Disclaimer:

All work shall be done in accordance with the Contract Documents. The written direction above provides clarification only. The Contractor acknowledges that any additional cost shall be authorized in advance in a fully executed Contract Change Order.
_______________________________
Signature
CC:

38077.00180\29080232.9
277 EXHIBIT “A” – City Standard Forms
Project Punchlist
Project:_________________________
Contractor:______________________
Punchlist Acknowledged:__________
Project Eng.:___________________ Inspector:____________________ Date:_____________ Item Date Item
Entered
Description Item
Completed
Date Initial
Part A Standing Items
1 The contractor shall submit a full set of As-built /Record Drawings showing the work performed and pothole information. Include contractor’s signature, contractor’s name, state license # and phone # of general contractor name and subcontractors-paving, striping, loops on the title sheet. 2 Submit written warranties in accordance with the Specifications:

Warranty bonds from surety and contractor’s letterhead for warranty per appendix sample-page 151. If not applicable check here. 3 Operation/Maintenance Manuals have been received in full numbers specified.

If not applicable check here.
4 Deliverables (i.e. special tools or spare parts) have been received as specified.

If not applicable check here.
5 Training has been performed as specified.

If not applicable check here.
6 Verify that all Building Permits have been signed off.

If not applicable check here.
7 Verify Certificate of Monumentation has been received.

If not applicable check here.
8 Ordinance 238 (Landscape/Sprinkler has been completed).

If not applicable check here.
9 Verify that Planning Department Conditions have been met.

If not applicable check here.
10 Compliance with Special Conditions
If not applicable check here.
11 Compliance with Reclaimed Water Requirements
If not applicable check here.

38077.00180\29080232.9
278 EXHIBIT “A” – City Standard Forms
Item Date Item
Entered
Description Item
Completed
Date Initial
12 Submit lien releases from all subcontractors and suppliers. 13 Submit complete certified payroll.

Part B Project Specific Items
14 Construction Water Meter(s) returned.

38077.00180\29080232.9
279 EXHIBIT “A” – City Standard Forms

ESCROW AGREEMENT

SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into effective (date) ___________by and between City of Milpitas whose address is 455 E Calaveras Blvd. Milpitas, CA 95035-5479 hereinafter called “Owner,” whose address is hereinafter called “Contractor” and whose address is hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for _____________ in the amount of ____________________ dated _________________ (hereinafter referred to as the “Contract”).

Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of Owner and shall designate the Contractor as the beneficial owner.
(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization

38077.00180\29080232.9
280 EXHIBIT “A” – City Standard Forms
from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant in Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:

City Manager
Title Title
Name Name
Signature Signature
Address Address
On behalf of Escrow Agent:

Title
Name
Signature
Address

38077.00180\29080232.9
281 EXHIBIT “A” – City Standard Forms
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor
Title Title
Name Name
Signature Signature

38077.00180\29080232.9
282 EXHIBIT “A” – City Standard Forms
COST PROPOSAL FORM (See General Conditions, Contract Change Orders) Date: ________________ Project Number
______________
In Response To ___________________ (RFP #, etc.)
To: City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Brief description of change(s):

ITEM DESCRIPTION PRIME
CONTR.

SUB 1 SUB 2 SUB 3 TOTAL
Material
Direct Labor Cost
Equipment
Other (Specify) Extended
Overhead
Total Cost
Subcontractor’s Overhead and
Profit (15% max)
Contractor’s Overhead and
Profit on Labor & Materials (15%
max)
Contractor’s Overhead and
Profit on Equipment (10% max)
Mark-Up for Subcontractor’s
work (5% max)
Bonds
(% of total cost above not
including any O/P)

GRAND TOTAL

REQUESTED CHANGE IN CONTRACT TIME (DAYS)
By: _________________________________ (Firm Name)
Signature: ___________________________ Date: ________________ Title: _______________________________

38077.00180\29080232.9
283 EXHIBIT “A” – City Standard Forms
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 93035

CHANGE ORDER FORM
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

38077.00180\29080232.9
284 EXHIBIT “A” – City Standard Forms
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 #

38077.00180\29080232.9
285 EXHIBIT “A” – City Standard Forms

WEEKLY STATEMENT OF DAYS CHARGED TO CONTRACT
City of Milpitas
Engineering Division
Date:___________
Project:____________________________________________________Project No. ___________
Weekly Statement No. :___________
Notice of Project Award Issued:____________, Notice To Proceed Issued: ____________ The following statement shows the number of ____________________ days charged to the contract
(Calendar or Working)
for the week ending: _____________.

1. First chargeable day of the Contract: ___________________

2. Number of Days in the Contract: ___________________

3. Contractual completion date: ___________________
( = #1 + #2)

4. Days added by Contract Change Order: ___________________

5. Days not charged to Contract (note reason below): ___________________

6. Revised completion date based on #4 and/or #5: ___________________ ( = #3 + #4 + #5)
Total number of Days charged to the Contract as of this Statement:___________________ Total number of Days remaining as of this Statement: ___________________ Notes:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ________________________
_________________________ __________________________
City Project Manager City Inspector
Refer to Special Conditions of the Contract Documents. The Contractor has fifteen (15) days to submit written protest of this Statement to the Engineer; otherwise, this Statement shall be deemed to have been accepted by the Contractor.

Accepted By: _____________________________________
Contractors Signature

38077.00180\29080232.9
286 EXHIBIT “A” – City Standard Forms

SAMPLE PROGRESS PAYMENT FORM
Refer to the Special Conditions regarding requirements for requesting Progress Payments.

38077.00180\29080232.9
287 EXHIBIT “A” – City Standard Forms
Contractor’s Letter Head

GUARANTY / WARRANTY
TO: CITY OF MILPITAS, for the (project name), Project (#), in Milpitas, CA.

The undersigned guarantees all construction performed on this project and also guarantees all material and equipment incorporated therein Contractor hereby grants to Owner for a period of one (1) year following the date of acceptance of the Work by the City of Milpitas or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.

Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of work not done in accordance with this Guaranty or relieve Contractor of liability with respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting there from which shall appear within one (1) year, or longer if specified, from the date of acceptance as described above.

Should any of the materials or equipment prove defective or should the Work as a whole prove defective, due to faulty workmanship, material furnished or methods or installation, or should the Work or any part thereof fail to operate properly as originally intended and in accordance with the Contract Documents due to any of the above causes within one (1) year after date of acceptance, or such longer period specified in the Contract Documents, Contractor shall: (1) reimburse Owner, upon demand, for its expenses incurred in restoring said Work to the condition contemplated in the Contract Documents, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or (2) upon demand by Owner, replace any such material and to immediately repair said Work completely without cost to Owner so that said Work will function successfully as originally contemplated.

Inspection of the work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.

Owner shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by Contractor. In the event Owner elects to have said work performed by Contractor, Contractor shall make such repairs within a reasonable period of time after the receipt of demand from Owner; provided, however, that in no event shall such period exceed twenty-five (25) days.

All definition of terms used in this Agreement shall have the meanings set forth in the Project Specifications, Special Conditions, Definitions of Words and Terms.

The foregoing Guaranty is in addition to any other warranties by Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and by law with respect to Contractor’s duties, obligations, and

38077.00180\29080232.9
288 EXHIBIT “A” – City Standard Forms
performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or by law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor.

CONTRACTOR:

Corporate Seal:

Name of Firm
Signature Date
Title
___________________________________________
Signature Date
Title

38077.00180\29080232.9
289 EXHIBIT “A” – City Standard Forms
CONSTRUCTION CHANGE DIRECTIVE NO:___
City of Milpitas
Engineering Division
Project Name Project No: ______________ PAGE 1 of
TO:_________________________________
FROM: ___________ DATE: _____________________
SUBJECT/ITEM:
____________________________________________________________________________ DESCRIPTION:

References:

Attachments:

CONSTRUCTION CHANGE DIRECTIVE INSTRUCTIONS:

The Contractor is directed to proceed with the above-described work without change in contract price.

The Contractor is directed to proceed with the above-described work and submit within the next 14 calendar days an itemized lump sum price and requested time extension, if any, to facilitate the review and settlement of this CCD in accordance with the Contract Documents. The cost of the work covered by this directive shall not exceed $. In the event that the cost of this work is anticipated to exceed the amount above, the Contractor will notify the City/Agency in writing and obtain additional authorization before proceeding.

The Contractor is directed to proceed with the above-described work on a time and material basis with a Not-To-Exceed Amount of $0. Itemized time and material documentation shall be provided on a daily basis in accordance with the Contract Documents.

The Contractor shall be paid at bid item prices for the work performed.

The Contractor is directed to provide pricing for the above-described work within the next 7 calendar days. The Contractor shall not proceed with the work until authorized by written Contract Change Order.

AUTHORIZED BY: ACKNOWLEGEMENT OF RECEIPT:

City of Milpitas
OWNER CONTRACTOR:

BY: BY:
_______________________________________________________________________________________________________________________________________________________

SIGNED DATED SIGNED DATED

38077.00180\29080232.9
290 EXHIBIT “A” – City Standard Forms

CONSTRUCTION RECYCLED WATER APPLICATION

38077.00180
\29080232.9
291 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
292 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
293 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
294 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
295 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
296 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
297 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
298 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
299 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
300 EXHIBIT “A”
– City Standard Forms

38077.00180
\29080232.9
301 EXHIBIT “A”
– City Standard Forms

2024 STREET SEALING PROJECT - PHASE -2, CITY PROJECT NO. 4305 Bid Results from 04/02/2025 Bid Opening @ 2:00pm
TOTALS
ITEM NO ITEM DESCRIPTION UNIT TOTAL QUANTITY Unit Price Total Unit Price Total Unit Price Total 1 MOBILIZATION (5% MAXIMUM) LS 1 $ 95,130.00 $95,130.00 $ 100,000.00 $ 100,000.00 $ 104,961.53 $ 104,961.53 2 NEIGHBORHOOD NOTIFICATION LS 1 $ 16,300.00 $16,300.00 $ 155,000.00 $ 155,000.00 $ 22,160.00 $ 22,160.00 3 TRAFFIC CONTROL (10% MAXIMUM) LS 1 $ 160,800.00 $160,800.00 $ 200,000.00 $ 200,000.00 $ 181,100.00 $ 181,100.00 4 MONUMENT REFERENCING (INCL. PRE-CONSTRUCTION AND POST

CONSTRUCTION
LS 1
$ 16,300.00
$16,300.00
$ 68,000.00 $ 68,000.00 $ 98,160.00 $ 98,160.00
5 PREPARE WATER POLLUTION CONTROL PROGRAM LS 1 $ 10,000.00 $10,000.00 $ 10,000.00 $ 10,000.00 $ 20,800.00 $ 20,800.00 6 HOT MIX ASPHALT (TYPE A) TON 523 $ 175.00 $91,525.00 $ 180.00 $ 94,140.00 $ 158.76 $ 83,031.48 7 BASE REPAIR (2" THICK) SQ FT 20721 $ 5.00 $103,605.00 $ 4.75 $ 98,424.75 $ 4.00 $ 82,884.00 8 ASPHALT CONCRETE GRINDING (2" THICK) SQ YD 4652 $ 5.00 $23,260.00 $ 6.50 $ 30,238.00 $ 7.29 $ 33,913.08 9 CRACK AND SLURRY SEAL SQ YD 34443 $ 5.00 $172,215.00 $ 4.70 $ 161,882.10 $ 4.15 $ 142,938.45 10 CAPE SEAL SQ YD 57181 $ 7.50 $428,857.50 $ 8.50 $ 486,038.50 $ 13.00 $ 743,353.00 11 SIDEWALK REMOVAL AND REPLACEMENT SF 432 $ 60.00 $25,920.00 $ 22.00 $ 9,504.00 $ 21.60 $ 9,331.20 12 CURB AND GUTTER REPAIR (BEYOND RAMP LIMITS) LF 33 $ 200.00 $6,600.00 $ 135.00 $ 4,455.00 $ 129.60 $ 4,276.80 13 INSTALL CURB RAMP (PER CALTRANS STANDARD DRAWINGS) EA 34 $ 9,000.00 $306,000.00 $ 6,400.00 $ 217,600.00 $ 6,804.00 $ 231,336.00 14 DETECTABLE WARNING SURFACE INSTALLATION EA 1 $ 2,500.00 $2,500.00 $ 1,600.00 $ 1,600.00 $ 1,620.00 $ 1,620.00 15 ADJUST MONUMENT COVER TO GRADE EA 6 $ 1,000.00 $6,000.00 $ 1,000.00 $ 6,000.00 $ 864.00 $ 5,184.00 16 ADJUST WATER VALVE TO GRADE EA 7 $ 1,000.00 $7,000.00 $ 1,000.00 $ 7,000.00 $ 864.00 $ 6,048.00 17 ADJUST STORM SEWER MANHOLE TO GRADE EA 6 $ 1,000.00 $6,000.00 $ 1,500.00 $ 9,000.00 $ 1,080.00 $ 6,480.00 18 ADJUST STORM DRAIN MANHOLE TO GRADE EA 3 $ 1,000.00 $3,000.00 $ 1,500.00 $ 4,500.00 $ 1,080.00 $ 3,240.00 19 TRAFFIC LINE (DETAIL 9) LF 5599 $ 2.00 $11,198.00 $ 1.75 $ 9,798.25 $ 1.89 $ 10,582.11 20 TRAFFIC LINE (DETAIL 21) LF 5244 $ 2.50 $13,110.00 $ 3.50 $ 18,354.00 $ 3.78 $ 19,822.32 21 TRAFFIC LINE (DETAIL 25) LF 2433 $ 2.50 $6,082.50 $ 1.90 $ 4,622.70 $ 2.05 $ 4,987.65 22 TRAFFIC LINE (DETAIL 27B) LF 5891 $ 2.50 $14,727.50 $ 1.75 $ 10,309.25 $ 1.89 $ 11,133.99 23 TRAFFIC LINE (DETAIL 29) LF 19 $ 2.50 $47.50 $ 7.50 $ 142.50 $ 8.10 $ 153.90 24 TRAFFIC LINE (DETAIL 32) LF 5233 $ 2.50 $13,082.50 $ 6.85 $ 35,846.05 $ 7.40 $ 38,724.20 25 TRAFFIC LINE (DETAIL 37B) LF 329 $ 2.50 $822.50 $ 2.25 $ 740.25 $ 2.43 $ 799.47 26 TRAFFIC LINE (DETAIL 38) LF 773 $ 2.50 $1,932.50 $ 2.50 $ 1,932.50 $ 2.70 $ 2,087.10 27 TRAFFIC LINE (DETAIL 38A) LF 1352 $ 2.50 $3,380.00 $ 2.35 $ 3,177.20 $ 2.54 $ 3,434.08 28 TRAFFIC LINE (DETAIL 39) LF 12530 $ 2.50 $31,325.00 $ 2.00 $ 25,060.00 $ 2.16 $ 27,064.80 29 TRAFFIC LINE (DETAIL 39A) LF 1439 $ 2.50 $3,597.50 $ 2.00 $ 2,878.00 $ 2.16 $ 3,108.24 30 TRAFFIC LINE (12" WHITE CROSSWALK LINE) LF 4158 $ 10.00 $41,580.00 $ 12.00 $ 49,896.00 $ 12.96 $ 53,887.68 31 TRAFFIC LINE (12" YELLOW CROSSWALK LINE) LF 1684 $ 10.00 $16,840.00 $ 12.00 $ 20,208.00 $ 12.96 $ 21,824.64 32 TRAFFIC LINE (12" WHITE STOP BAR) LF 1409 $ 10.00 $14,090.00 $ 12.00 $ 16,908.00 $ 12.96 $ 18,260.64 33 TRAFFIC LINE (24" YELLOW CONTINENTAL) LF 2231 $ 20.00 $44,620.00 $ 24.00 $ 53,544.00 $ 25.92 $ 57,827.52 34 TRAFFIC LINE (24" WHITE CONTINENTAL) LF 1689 $ 20.00 $33,780.00 $ 24.00 $ 40,536.00 $ 25.92 $ 43,778.88 35 TRAFFIC LINE (12" WHITE DIAGONALS) LF 43 $ 20.00 $860.00 $ 12.00 $ 516.00 $ 12.96 $ 557.28 36 TRAFFIC LINE (YIELD LINE/TRIANGLES) SF 99 $ 10.00 $990.00 $ 12.00 $ 1,188.00 $ 12.96 $ 1,283.04 37 PAVEMENT MARKING (GREEN) SF 4853 $ 10.00 $48,530.00 $ 20.00 $ 97,060.00 $ 19.44 $ 94,342.32 38 PAVEMENT MARKING (STOP) EA 47 $ 300.00 $14,100.00 $ 265.00 $ 12,455.00 $ 286.20 $ 13,451.40 39 PAVEMENT MARKING (SCHOOL) EA 1 $ 300.00 $300.00 $ 370.00 $ 370.00 $ 399.60 $ 399.60 40 PAVEMENT MARKING (SLOW) EA 1 $ 200.00 $200.00 $ 265.00 $ 265.00 $ 286.20 $ 286.20 41 PAVEMENT MARKING (XING) EA 1 $ 200.00 $200.00 $ 265.00 $ 265.00 $ 286.20 $ 286.20 42 PAVEMENT MARKING (KEEP CLEAR) EA 2 $ 500.00 $1,000.00 $ 545.00 $ 1,090.00 $ 588.60 $ 1,177.20 43 PAVEMENT MARKING (BIKE SYMBOL WITH ARROW) EA 96 $ 150.00 $14,400.00 $ 165.00 $ 15,840.00 $ 178.20 $ 17,107.20 44 PAVEMENT MARKING (TYPE III ARROW) EA 69 $ 150.00 $10,350.00 $ 500.00 $ 34,500.00 $ 540.00 $ 37,260.00 45 PAVEMENT MARKING ("25") EA 1 $ 100.00 $100.00 $ 185.00 $ 185.00 $ 199.80 $ 199.80 46 PAVEMENT MARKING ("35") EA 4 $ 200.00 $800.00 $ 185.00 $ 740.00 $ 199.80 $ 799.20 47 PAVEMENT MARKING (AHEAD) EA 2 $ 200.00 $400.00 $ 305.00 $ 610.00 $ 329.40 $ 658.80 48 PAVEMENT MARKING (SIGNAL) EA 1 $ 200.00 $200.00 $ 395.00 $ 395.00 $ 426.60 $ 426.60 49 BLUE REFLECTIVE RAISED PAVEMENT MARKER EA 36 $ 50.00 $1,800.00 $ 25.00 $ 900.00 $ 27.00 $ 972.00 50 RED CURB LF 3163 $ 5.00 $15,815.00 $ 8.00 $ 25,304.00 $ 8.64 $ 27,328.32 51 ROADSIDE SIGN AND POST EA 2 $ 500.00 $1,000.00 $ 350.00 $ 700.00 $ 378.00 $ 756.00 52 ROADSIDE SIGN EA 31 $ 250.00 $7,750.00 $ 300.00 $ 9,300.00 $ 324.00 $ 10,044.00 53 RELOCATE EXISTING SIGN AND POST EA 1 $ 500.00 $500.00 $ 225.00 $ 225.00 $ 243.00 $ 243.00 54 PORTABLE CHANGEABLE MESSAGE SIGN EA 8 $ 3,000.00 $24,000.00 $ 1,000.00 $ 8,000.00 $ 9,720.00 $ 77,760.00 55 APS CABINET CONTROL UNIT EA 3 $ 10,000.00 $30,000.00 $ 8,500.00 $ 25,500.00 $ 9,720.00 $ 29,160.00 56 REMOVE PPB AND INSTALL APS EA 21 $ 2,500.00 $52,500.00 $ 1,600.00 $ 33,600.00 $ 2,133.00 $ 44,793.00 57 VALLEY GUTTER SF 0 $ 80.00 $0.00 $ - $ - $ - $ -
58 REPLACE CONCRETE WITH DECOMPOSED GRANITE IN PLANTER AREAS SF 752 $ 70.00 $52,640.00 $ 16.00 $ 12,032.00 $ 16.20 $ 12,182.40 Slurry/Cape Seal
Concrete
Crack Seal
Striping
Survey
Electrical
Paving

ENGINEER ESTIMATE
Subcontractors
$ 2,009,663.00 $ 2,469,768.32
N/A G. Bortolotto & Company
Mike O'Dell Surveying
N/A
Spencon
Global Road Sealing
Chrisp Company
Mike O'Dell Surveying
Columbia
Spencon

CITY OF MILPITAS
Apparent Lowest Bid
Pavement Coating Company
Total Base Bid Amount: $ 2,238,375.05

BID ITEMS O'GRADY PAVING
Chrisp Company
Tennyson Electric

VSS INTERNATIONAL
Bond Blacktop

ITEM NO ITEM DESCRIPTION UNIT TOTAL QUANTITY Unit Price Total Unit Price Total Unit Price Total 1 MOBILIZATION (5% MAXIMUM) LS 1 $10,605.00 $10,605.00 $13,000.00 $13,000.00 $8,181.00 $8,181.00 2 NEIGHBORHOOD NOTIFICATION LS 1 $1,800.00 $1,800.00 $5,000.00 $5,000.00 $10,160.00 $10,160.00 3 TRAFFIC CONTROL (10% MAXIMUM) LS 1 $17,900.00 $17,900.00 $26,000.00 $26,000.00 $14,202.00 $14,202.00 4 MONUMENT REFERENCING (INCL.

PRE-CONSTRUCTION AND POST
CONSTRUCTION LS 1 $1,800.00 $1,800.00 $20,000.00 $20,000.00 $1,512.00 $1,512.00 5 PREPARE WATER POLLUTION
CONTROL PROGRAM LS 1 $833.33 $833.33 $5,000.00 $5,000.00 $1,080.00 $1,080.00 7 BASE REPAIR (2" THICK) SQ FT 3,959 $5.00 $19,795.00 $9.00 $35,631.00 $7.56 $29,930.04 10 CAPE SEAL SQ YD 12,060 $7.50 $90,450.00 $10.25 $123,615.00 $4.75 $57,285.00 13 INSTALL CURB RAMP (PER CALTRANS
STANDARD DRAWINGS) EA 5 $9,000.00 $45,000.00 $9,000.00 $45,000.00 $9,720.00 $48,600.00 15 ADJUST MONUMENT COVER TO
GRADE EA 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $864.00 $864.00 17 ADJUST STORM SEWER MANHOLE TO
GRADE EA 1 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,080.00 $1,080.00 18 ADJUST STORM DRAIN MANHOLE TO
GRADE EA 1 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,080.00 $1,080.00 20 TRAFFIC LINE (DETAIL 21) LF 100 $2.50 $250.00 $4.00 $400.00 $3.78 $378.00 30 TRAFFIC LINE (12" WHITE CROSSWALK
LINE) LF 332 $10.00 $3,320.00 $13.00 $4,316.00 $12.96 $4,302.72 32 TRAFFIC LINE (12" WHITE STOP BAR) LF 86 $10.00 $860.00 $27.00 $2,322.00 $25.92 $2,229.12 33 TRAFFIC LINE (24" YELLOW
CONTINENTAL) LF 495 $20.00 $9,900.00 $27.00 $13,365.00 $25.92 $12,830.40 36 TRAFFIC LINE (YIELD LINE/TRIANGLES) SF 72 $10.00 $720.00 $13.00 $936.00 $12.96 $933.12 38 PAVEMENT MARKING (STOP) EA 2 $300.00 $600.00 $300.00 $600.00 $286.20 $572.40 49 BLUE REFLECTIVE RAISED PAVEMENT
MARKER EA 3 $50.00 $150.00 $30.00 $90.00 $27.00 $81.00
50 RED CURB LF 255 $5.00 $1,275.00 $9.00 $2,295.00 $8.64 $2,203.20 52 ROADSIDE SIGN EA 2 $250.00 $500.00 $35.00 $70.00 $32.40 $64.80 54 PORTABLE CHANGEABLE MESSAGE
SIGN EA 2 $1,500.00 $3,000.00 $2,000.00 $4,000.00 $9,720.00 $19,440.00 ADD ALTERNATE NO. 1 - TOTAL $211,758.33 $305,640.00 $217,008.80

BID ITEMS ENGINEER ESTIMATE O'GRADY PAVING VSS INTERNATIONAL Canton and Burley Drive Area - Area 5-1 (Add Alternate No. 1)

ITEM NO ITEM DESCRIPTION UNIT TOTAL QUANTITY Unit Price Total Unit Price Total Unit Price Total 1 MOBILIZATION (5% MAXIMUM) LS 1 $3,255.00 $3,255.00 $6,000.00 $6,000.00 $4,320.00 $4,320.00 2 NEIGHBORHOOD NOTIFICATION LS 1 $600.00 $600.00 $3,000.00 $3,000.00 $1,080.00 $1,080.00 3 TRAFFIC CONTROL (10%
MAXIMUM) LS 1 $5,400.00 $5,400.00 $10,000.00 $10,000.00 $8,937.00 $8,937.00 4 MONUMENT REFERENCING (INCL.

PRE-CONSTRUCTION AND POST
CONSTRUCTION LS 1 $600.00 $600.00 $10,000.00 $10,000.00 $1,512.00 $1,512.00 5 PREPARE WATER POLLUTION
CONTROL PROGRAM LS 1 $833.33 $833.33 $5,000.00 $5,000.00 $1,080.00 $1,080.00 6 HOT MIX ASPHALT (TYPE A) TON 116 $174.98 $20,297.81 $410.00 $47,560.00 $226.80 $26,308.80 7 BASE REPAIR (2" THICK) SQ FT 640 $5.00 $3,200.00 $20.00 $12,800.00 $8.64 $5,529.60 8 ASPHALT CONCRETE GRINDING (2"
THICK) SQ YD 1,031 $5.00 $5,155.00 $35.00 $36,085.00 $15.12 $15,588.72 13 INSTALL CURB RAMP (PER
CALTRANS STANDARD DRAWINGS) EA 2 $9,000.00 $18,000.00 $9,000.00 $18,000.00 $9,720.00 $19,440.00 15 ADJUST MONUMENT COVER TO
GRADE EA 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $864.00 $864.00 16 ADJUST WATER VALVE TO GRADE EA 2 $1,000.00 $2,000.00 $1,000.00 $2,000.00 $864.00 $1,728.00 17 ADJUST STORM SEWER MANHOLE
TO GRADE EA 1 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,080.00 $1,080.00 18 ADJUST STORM DRAIN MANHOLE
TO GRADE EA 1 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,080.00 $1,080.00 30 TRAFFIC LINE (12" WHITE
CROSSWALK LINE) LF 106 $10.00 $1,060.00 $13.00 $1,378.00 $12.96 $1,373.76 36 TRAFFIC LINE (YIELD
LINE/TRIANGLES) SF 24 $10.00 $240.00 $13.00 $312.00 $12.96 $311.04 49 BLUE REFLECTIVE RAISED
PAVEMENT MARKER* EA 1 $50.00 $50.00 $30.00 $30.00 $27.00 $27.00 50 RED CURB LF 74 $5.00 $370.00 $9.00 $666.00 $8.64 $639.36 52 ROADSIDE SIGN EA 1 $250.00 $250.00 $350.00 $350.00 $324.00 $324.00 $64,311.14 $157,181.00 $91,223.28
NOTE: Asterick (*) mark shows submitted Bid proposal was Mathematically corrected by City Staff.

ADD ALTERNATE NO. 2 - TOTAL

BID ITEMS ENGINEER ESTIMATE O'GRADY PAVING VSS INTERNATIONAL Sepulveda Court Area - Area 5-2 (Add Alternate No. 2)

ITEM NO ITEM DESCRIPTION UNIT TOTAL QUANTITY Unit Price Total Unit Price Total Unit Price Total 1 MOBILIZATION (5% MAXIMUM) LS 1 $19,110.00 $19,110.00 $15,000.00 $15,000.00 $11,934.00 $11,934.00 2 NEIGHBORHOOD NOTIFICATION LS 1 $3,300.00 $3,300.00 $3,000.00 $3,000.00 $9,080.00 $9,080.00 3 TRAFFIC CONTROL (10% MAXIMUM) LS 1 $32,300.00 $32,300.00 $30,000.00 $30,000.00 $13,041.00 $13,041.00 4 MONUMENT REFERENCING (INCL. PRECONSTRUCTION AND POST CONSTRUCTION LS 1 $3,300.00 $3,300.00 $10,000.00 $10,000.00 $1,080.00 $1,080.00 5 PREPARE WATER POLLUTION CONTROL
PROGRAM LS 1 $833.33 $833.33 $5,000.00 $5,000.00 $1,080.00 $1,080.00 7 BASE REPAIR (2" THICK) SQ FT 2,868 $5.00 $14,340.00 $9.00 $25,812.00 $8.64 $24,779.52 10 CAPE SEAL SQ YD 7,884 $7.50 $59,130.00 $11.00 $86,724.00 $4.75 $37,449.00 13 INSTALL CURB RAMP (PER CALTRANS
STANDARD DRAWINGS) EA 20 $9,000.00 $180,000.00 $4,200.00 $84,000.00 $8,640.00 $172,800.00 20 TRAFFIC LINE (DETAIL 21) LF 250 $2.50 $625.00 $4.00 $1,000.00 $3.78 $945.00 30 TRAFFIC LINE (12" WHITE CROSSWALK
LINE) LF 1,494 $10.00 $14,940.00 $13.00 $19,422.00 $12.96 $19,362.24 32 TRAFFIC LINE (12" WHITE STOP BAR) LF 96 $10.00 $960.00 $13.00 $1,248.00 $12.96 $1,244.16 36 TRAFFIC LINE (YIELD LINE/TRIANGLES) SF 192 $10.00 $1,920.00 $13.00 $2,496.00 $12.96 $2,488.32 38 PAVEMENT MARKING (STOP) EA 5 $300.00 $1,500.00 $300.00 $1,500.00 $286.20 $1,431.00 49 BLUE REFLECTIVE RAISED PAVEMENT
MARKER EA 3 $50.00 $150.00 $30.00 $90.00 $27.00 $81.00
50 RED CURB LF 438 $5.00 $2,190.00 $9.00 $3,942.00 $8.64 $3,784.32 52 ROADSIDE SIGN EA 10 $250.00 $2,500.00 $350.00 $3,500.00 $324.00 $3,240.00 54 PORTABLE CHANGEABLE MESSAGE
SIGN EA 2 $1,500.00 $3,000.00 $2,000.00 $4,000.00 $9,720.00 $19,440.00 57 VALLEY GUTTER SF 514 $80.00 $41,120.00 $107.00 $54,998.00 $48.60 $24,980.40 $381,218.33 $351,732.00 $348,239.96

BID ITEMS
ITEM NO DESCRIPTION QUANTITY UNIT Unit Price Total Unit Price Total Unit Price Total 1 Mobilization (10% max) 1 LS $18,993.50 $18,993.50
$18,000.00 $18,000.00 $10,800.00 $10,800.00
2A Asphalt Concrete Grinding (2.5" Thick) 1,450 SQYD $10.00 $14,500.00 $15.00 $21,750.00 $36.72 $53,244.00 2B Hot Mix Asphalt (Type A) 210 LS $250.00 $52,500.00 $200.00 $42,000.00 $226.80 $47,628.00 3 Remove and Replace Header Board 2,500 LS $30.00 $75,000.00 $25.00 $62,500.00 $29.16 $72,900.00 4 Root Barrier 500 SY $40.00 $20,000.00
$55.00 $27,500.00 $72.36 $36,180.00
5 Sidewalk Removal and Replacement 355 SF $50.00 $17,750.00 $40.00 $14,200.00 $37.80 $13,419.00 6 Base Repair (4" Thick) 2,037 LF $5.00 $10,185.00 $6.00 $12,222.00 $9.72 $19,799.64 ADD ALTERNATE NO. 4 - TOTAL $208,928.50 $198,172.00 $253,970.64 ADD ALTERNATE NO. 3 - TOTAL
Add Alternate No. 4 - Strickroth Park

ENGINEER ESTIMATE

O'GRADY PAVING VSS INTERNATIONAL

BID ITEMS VSS INTERNATIONAL

ENGINEER ESTIMATE

O'GRADY PAVING
Bixby Drive Area - Area 5-3 (Add Alternate No. 3)

CITY OF MILPITAS
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov
Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration 455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration Via Certified U.S. Mail and E-mail
O’Grady Paving, Inc.
c/o Craig E. Young
2513 Wyandotte Street
Mountain View, CA 94043
[email protected]
Re: Notice to Disqualify Bid Submittal by O’Grady Paving Inc., the Apparent Lowest Bidder For 2024 Street Sealing Project – Phase - 2, Project No. 4305 Dear Mr. Young,
On April 2, 2025, the City of Milpitas (“City”) conducted a bid opening for 2024 Street Sealing Project – Phase – 2, Project no. 4305. O’Grady Paving, Inc. (O’Grady) was the apparent lowest bidder. However, based on staff’s evaluation, O’Grady’s bid was deemed to be non-responsive for the reason as specified below.
 Failure to meet the requirement outlined in Section 9, “Subcontractors,” of the Instructions to Bidders, which states that the successful bidder must self-perform at least 50% of the work. O’Grady has allocated to perform only 24.1% of the work, thus leaving approximately

75.9% of the work to subcontractors, which exceeds the allowable limit.

As O’Grady is non-responsive, staff intends to award the Project contract to the lowest responsive and responsible bidder, VSS International, Inc. at the April 15, 2025, City Council Meeting. The City thanks you for your interest in the Project.

Kindly acknowledge the letter and send a response via email by end of the day on April 08, 2025.

Please feel free to reach out Mohit Chaudhary, P.E., Associate Civil Engineer, at 408-586-3270 or email at [email protected] if you have any questions.

Sincerely,
Roberto Alonzo, P.E.

Public Works Division Manager – Engineering
Cc: Michael Silveira, P.E., City Engineer
DATE: 04/07/2025Page 483 of 971

CITY OF MILPITAS
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov
Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration 455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration

NOTICE OF INTENT TO AWARD CONTRACT
Project Name: 2024 Street Sealing Project – Phase 2
City Project Number: CP4305
Bid Opening Date: April 2, 2025
NOIA Posting Date: April 17, 2025
Project Manager: Mohit Chaudhary, P.E., Associate Civil Engineer NOIA PostingLocation: Addenda & Official Notices

On April 2, 2025 the City of Milpitas (City) held a bid opening for the upcoming 2024 Street Sealing Project – Phase 2. The City intends to award the Project contract to the lowest responsive bidder, VSS International, Inc. at the May 6, 2025 City Council Meeting.

As per Milpitas Municipal Code (MMC) MMC 1-2-3.19 - Protest Procedure, Any interested party may file a protest to a proposed award of a contract in an amount over Ten Thousand Dollars ($10,000). The protest shall be filed with the Purchasing Agent in writing no later than seven (7) calendar days after the posting of the Notice of Intent to award and shall set forth the basis for the protest and any proposed remedy.

All protests shall be in writing and shall contain a complete statement of the legal grounds for the protest; all the facts relevant to the protest; and the form of relief requested and the legal basis for such relief. All protests shall be accompanied by all documentation supporting the grounds for the protest. The protest shall include the name, address and telephone number of the protesting party and the person representing the protesting party, if any.

Protests may be submitted only by a party that has submitted a bid or proposal in response to the contract solicitation. A subcontractor of a bidder or proposer may notsubmit a protest. A party may not rely on a protest submitted by another party but must timely pursue its own protest. Protests can only be submitted by the party that submitted the bid by one of the following methods:

Via mail or hand delivered, Monday thru Friday, between 8:00 a.m. and 5:00 p.m. to:

Attn: Luz Cofresi-Howe,
Finance Director
455 E. Calaveras Blvd,
Milpitas, CA 95035
OR, via e-mail @ [email protected]

ATTACHMENT 5
Construction Change Order Policy for 2024 Street Sealing Project – Phase 2, CP 4305 2007 City Council Approved Construction Change Order Policy Construction Award Individual Administrative Cumulative Award Amount Change Order Authority Change Order Authority Under $50,000 $5,000 $7,500
Over $50,000 10% of Award or $25,000 15% of Award or $100,000 whichever is smaller whichever is smaller
2024 Street Sealing Project – Phase 2, CP 4305
Contract Award Individual Administrative Cumulative
Amount_______ Change Order Authority Change Order Authority

$3,031,971.04 N/A $303,197.10 (10%)

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt Resolutions Approving the Annual Engineer’s Report and Declaring Intent to Levy and Collect Assessments for Landscaping and Lighting Maintenance Assessment District No. 95-1 McCarthy Ranch (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Development
Meeting Date: 5/6/2025
Recommendation: (1) Adopt a resolution approving the Annual Engineer’s Report, (2) Adopt a resolution declaring the intent to levy and collect assessments; and (3) Provide notice of a public hearing to be held on June 3, 2025, for Landscaping and Lighting Maintenance Assessment District No. 95-1 McCarthy Ranch.

BACKGROUND:

In 1995, the City Council 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) (Act) to establish the Landscaping and Lighting Maintenance Assessment District 95-1 (LLMD 95-1 McCarthy Ranch).

LLMD 95-1 McCarthy Ranch provides for the maintenance and improvement of public landscaping, irrigation systems, pedestrian lighting, gateway columns and entry signs along North McCarthy Boulevard between State Route 237 and Dixon Landing Road and Ranch Drive in the areas as shown on the attached location map (Attachment A).

Staff retained the consulting firm NBS for the purpose of assisting with the annual levy assessment for LLMD 95-1 McCarthy Ranch, and the preparation and filing of the report required pursuant to Section 22622 of the Act (Annual Engineering Report).

ANALYSIS:

Before the City Council may levy the annual assessments for LLMD 95-1 McCarthy Ranch, the Act requires the City Council to adopt a resolution approving the Annual Engineer’s Report (Attachment B) evaluating the landscape and lighting maintenance district’s maintenance and improvement needs for Fiscal Year (FY) 2025-

26. On March 4, 2025, the City Council directed the City Engineer to prepare the Annual Engineer’s Report, which is included in the City Council agenda packet. The proposed total assessment for FY 2025-26 is $0.0381 per lot square foot with an assessment rate not exceeding the maximum assessment rate of $0.0572 per lot square foot. The rate for FY2025-26 remains the same as the FY2024-25 rate.

Staff recommends City Council adopt Resolutions approving the Annual Engineering’s Report (Attachment C), and declare its intention to levy and collect assessments and provide notice of a public hearing to be held on June 3, 2025 (Attachment D) for LLMD 95-1 McCarthy Ranch in Fiscal Year 2025-26.

POLICY ALTERNATIVE(S):

Alternative 1: Do not adopt the Resolutions for LLMD 95-1 McCarthy Ranch.

Pros: None.

Cons: If the City Council does not adopt the Resolutions according to the Landscaping and Lighting Act of 1972, the City will be unable to collect assessments for LLMD 95-1 McCarthy Ranch.

Reason Not Recommended: Staff recommends approving the Resolutions in order to levy and collect assessments for fiscal year 2025-26 to allow for the continued maintenance and servicing of LLMD 95-1 McCarthy Ranch.

FISCAL IMPACT:

The levy and collection of assessments provides the City with the needed resources for the maintenance and servicing of the improvements. The FY2025-26 maintenance budget for the LLMD 95-1 is estimated to be $460,148. The City maintains an operating reserve not to exceed the estimated maintenance costs.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

A levy and collection of assessments 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. The action is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378. To the extent the funds generated by this levy and collection would be used to fund any currently contemplated projects, such projects entail 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:
(1) Adopt a resolution approving the Annual Engineer’s Report, (2) Adopt a resolution declaring the intent to levy and collect assessments; and (3) Provide notice of a public hearing to be held on June 3, 2025, for Landscaping and Lighting Maintenance Assessment District No. 95-1 McCarthy Ranch.

ATTACHMENT(S):
(a) Location Map
(b) Engineer’s Report for LLMD No. 95-1 McCarthy Ranch
(c) Resolution Approving Annual Engineer’s Report
(d) Resolution Declaring Intent to Levy and Collect Assessments

CITY OF MILPITAS
LANDSCAPING MAINTENANCE DISTRICT (LMD) 95-1
(N.T.S.)
2025-2026 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE

nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2025/26 Engineer’s Report For:

Landscaping and Lighting Maintenance
Assessment District No. 95-1
April 2025

CITY OF MILPITAS
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 455 East Calaveras Boulevard
Milpitas, California 95035
Phone (408) 586-3000

CITY COUNCIL
Carmen Montano, Mayor
Gary Barbadillo, Vice Mayor
Evelyn Chua, Council Member
Hon Lien, Council Member
William Lam, Council Member

CITY STAFF
Michael Silveira, PE, City Engineer
Luz Cofresi-Howe, Finance Director/Risk Manager
Christian Di Renzo, Public Works Director
NBS
Tim Seufert, Client Services Director
Amanda Welker, Project Manager
Tom Zetz, Administrator

TABLE OF CONTENTS

1. Engineer’s Letter.............................................................................................................1

2. Plans and Specifications..................................................................................................3

2.1 Location of Improvements........................................................................................3

2.2 Landscaping Improvements......................................................................................3

2.3 Capital Improvements...............................................................................................4

2.4 Overhead...................................................................................................................4

3. Estimate of Costs............................................................................................................5

3.1 District Budget...........................................................................................................5

4. Special and General Benefit ............................................................................................7

4.1 Identification of Benefit ............................................................................................7

4.2 Special Benefits Identified.........................................................................................7

4.3 General Benefits Identified .......................................................................................8

4.4 Quantification of Benefit...........................................................................................8

4.5 Special Benefit Trips................................................................................................12

5. Method of Assessment ................................................................................................. 14

5.1 Introduction.............................................................................................................14

5.2 Method of Assessment Spread ...............................................................................14

5.3 Maximum Assessment Rates ..................................................................................15

5.4 Appeals....................................................................................................................15

6. Assessment Diagram..................................................................................................... 16

7. Assessment Roll............................................................................................................ 17

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 1

1. ENGINEER’S LETTER
WHEREAS, in 1995, the City Council of the City of Milpitas (the “City”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), created the City of Milpitas Landscaping and Lighting Maintenance Assessment District No. 95-1 (the “District”) in order to provide for the continued maintenance, operation, and administration of various improvements within the boundaries of the District; and
WHEREAS, the City Council has directed NBS to prepare and file a report for Fiscal Year 2025/26 in accordance with Chapter 1, Article 4 of the Act presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs to maintain, operate, and service the improvements for the District for the referenced fiscal year; a diagram for the District showing the area and properties to be assessed; and an assessment of the estimated costs to maintain and service the improvements, stating the net amount to be assessed upon all assessable lots or parcels within the District in proportion to the special benefit received.

NOW THEREFORE, the following assessments have been calculated in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation, and are made to cover the portion of the estimated costs of maintenance, operation, and servicing of the improvements, to be paid by the assessable real property within the District in proportion to the special benefit received:

District Parcels
2025/26
Maximum Assessment
Rate per Lot Sq. Ft.(1)
2025/26
Actual Assessment
Rate per Lot Sq. Ft.
2025/26
Net Amount to be
Assessed(2)(3)
LLMAD 95-1 45 $0.0572 $0.0381 $448,957
(1) The April 1, 2025 Consumer Price Index (CPI) provided by the U.S. Bureau of Labor Statistics was not available at the time of writing of this report. The Fiscal Year 2025/26 CPI increase was estimated using the February 1, 2025 CPI. (2) Amounts placed on the tax roll include the 1% Santa Clara County Collection Fee. (3) This amount is only an estimate and does not reflect the final billed amount with rounding adjustments. Refer to Section 7 for the rounded figure.

I identified all parcels which will have a special benefit conferred upon them from the improvements described in District’s Plans and Specifications section of this Engineer’s Report (the “Benefited Parcels”) have been identified. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is on file in the office of the City Clerk.

I have assessed the costs and expenses of the improvements upon the Benefited Parcels. In making such assessment:
a. The proportionate special benefit derived by each Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 2 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information and belief, the Engineer’s Report, Assessments, and the Assessment Diagrams herein have been prepared and computed in accordance with the order of the City Council of the City of Milpitas, the Act, and Article XIIID.

Michael Silveira, City Engineer

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 3

2. PLANS AND SPECIFICATIONS
The District provides for the continued administration, maintenance, operation, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District.

2.1 Location of Improvements
The District is located on the west side of the City of Milpitas, bounded on the east by State Route 880, on the west by Coyote Creek, on the south by State Route 237, and on the north by Dixon Landing Road. The improvements maintained include public landscaping and irrigation improvements, including jogging paths, pedestrian lighting, gateway improvements, and entry signage, which are primarily situated within the public right-of-way and dedicated public easements within the District.

2.2 Landscaping Improvements
Landscaping, pedestrian lighting, gateway, and signage improvements were installed along the roadways and sidewalks within the District to enhance the overall visual appearance for adjacent parcels.

The improvements within the District consist of the maintenance and installation of any or all public landscaping and irrigation improvements adjacent to curbs of the following described streets, including jogging paths, planter walls, grass berms, pedestrian lighting and appurtenant irrigation systems, ornamental planting including lawns, shrubs, and trees; installation and maintenance of gateway columns and entry signs. Such maintenance includes all necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal and all other items of work necessary and incidental for property maintenance and operation thereof. The landscaping, irrigation, pedestrian lighting, gateway, and signage improvements are collectively referred to as “landscaping improvements.” All such work will be performed in the following areas:

2.2.1 N. MCCARTHY BOULEVARD

1. A strip of land including an earth berm approximately 50 feet in width from face of each curb line, from the southerly connection with Ranch Drive northerly 2,400 feet, more or less, to the northerly connection with Ranch Drive. A strip of land including a grass berm approximately 35 feet in width, west of the face of westerly curb, along the West Side of N. McCarthy Boulevard, from the southerly connection with Ranch Drive, northerly 2,400 feet, more or less. The initial phase includes a strip of land 6 feet wide on the west side of McCarthy Boulevard.

2. Commencing at a location approximately 2,400 feet north of State Route 237 thence proceeding north to the northern boundary of Lands of N. McCarthy, 7,800 feet more or less, a strip of land approximately 27 to 34 feet in width on each side along the east and west sides of McCarthy Boulevard between the northerly connection with Ranch Drive and Dixon Landing Road.

3. A median island from the southerly intersection with Ranch Drive northerly to the intersection with Dixon Landing Road.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 4

4. Gateway Improvements, at the southerly intersection of N. McCarthy Boulevard and Ranch Drive and southerly of Bridge No. 1 along N. McCarthy Boulevard, including curved stone planter walls, gateway columns with entry sign appurtenant mounding ornamental plantings including flat work, trees and ground cover, irrigation systems; all as shown on landscape plans.

5. Lighting costs in the District are limited to the supplemental pedestrian lights installed on the east side of McCarthy Boulevard between the two intersections at Ranch Drive and McCarthy Boulevard. The conventional lighting along McCarthy Boulevard is not included. There also exists decorative up-lighting for the Gateway Towers in other areas near the southern Ranch Drive intersection of McCarthy.

2.2.2 MILPITAS ENTRY SIGN

1. City of Milpitas Entry Identification Sign along N. McCarthy Blvd., including walls, columns, lighting, and other appurtenances.

2.2.3 RANCH DRIVE

1. Commencing at a Northerly location where the right-of-way of Ranch Drive is contiguous with the right-of-way of Interstate 880, thence southerly, a strip of land approximately 10 feet in width measured from the east face of curb of Ranch Drive, from the northerly connection with Interstate 880 and Ranch Drive, southerly 630 feet, more or less, thence 405 feet south to the southerly end of Gateway location, varying in width from 10 feet to 132 feet, more or less.

2. Gateway Improvements, at the southerly connection of Ranch Drive and Interstate 880, including curved stone planter walls, gateway columns with entry sign appurtenant mounding ornamental plantings including flat work, trees and ground cover, irrigation systems; all as shown on landscape plans (Part A), except the Shopping Center’s Monument Sign. As mentioned above, there also exists decorative up-lighting for the Gateway Towers in other areas near the southern Ranch Drive intersection of McCarthy.

2.3 Capital Improvements
In Fiscal Year 2021/22, the City initiated the design and construction of landscape and irrigation renovation on N. McCarthy Blvd. between State Route 237 and Dixon Landing Road and a portion of Ranch Drive. The landscape and irrigation renovation design has been completed and planting renovations will continue in 2025/26.

2.4 Overhead
In addition to the costs of maintaining the improvements mentioned above, the City will incur costs for staff time and expenses related to the management and maintenance of the improvements within the District. Staff time includes oversight and coordination of both City and contractor provided services, annual tax roll preparation, and addressing property owner questions and concerns. These activities are directly related to the maintenance of the improvements, and without them the improvements could not be efficiently completed or properly maintained on an ongoing basis.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 5

3. ESTIMATE OF COSTS
The estimated costs of maintenance and servicing of the improvements as described in the Plans and Specifications are summarized below.

3.1 District Budget
The Fiscal Year 2025/26 estimated cost budget for the maintenance and servicing of the improvements is as follows:

Description Fiscal Year 2025/26 Budget
Maintenance Staff and Contract Services(1) $290,000
Capital Equipment 0
Supplies 15,000
Utilities (Water, Electricity) 71,648
Reserve Fund 0
Capital Improvement Program 83,500
Maintenance Costs $460,148
NBS $5,200
City Staff District Administration 2,700
County Auditor-Controller Fee(2) 4,100
District Specific Costs $12,000
Total District Costs $472,148
General Benefit Contribution(3) (23,191)
Operating Reserve Contribution 0
Net Amount to be Assessed $448,957
Total District Square Footage(4) 11,794,540
Rate per Square Foot(5)(6) $0.0381
Maximum Rate Per Square Foot – 2025/26
(7) $0.0572
(1) Fiscal Year 2025/26 Landscape Maintenance Contract Services includes Terracare and Irvine Company. (2) County Auditor-Controller Fee is currently 1% of the total levy submittal amount. (3) General Benefit Contribution is not applied to District Specific Costs, as these are special benefits to the District. (4) Total District Square Footage includes a 50% reduction for Parcel 5-7 (Sewer Main Pump Station) and Parcel 5-3C (Storm Pump Station).
(5) The Rate per Square Foot equals the Net Amount to be Assessed / Total District Square Footage. (6) The assessed rate cannot exceed the maximum rate.
(7) The April 1, 2025 CPI was not available at the time of writing of this report. The Fiscal Year 2025/26 CPI increase was estimated by using the February 1, 2025 CPI.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 6

3.1.1 OPERATING RESERVE
It is the intent of the City to maintain an operating reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments from the County, whichever is later. The operating reserve balance information for the District is as follows:

Estimated Fiscal Year Ending 6/30/2025 Operating Reserve Cash Balance $300,824 Operating Reserve Collection for Fiscal Year 2025/26 0
Estimated Fiscal Year Ending 6/30/2026 Operating Reserve Cash Balance $300,824

3.1.2 CAPITAL IMPROVEMENT BUDGET
The City completed the replacement of the irrigation controllers and repairs of the irrigation system on N.

McCarthy Blvd. (between State Route 237 and Dixon Landing Road) and a portion of Ranch Drive. The City also installed planting in the median on Ranch Drive at the intersection of N. McCarthy Blvd. Planting renovations will continue in 2025/2026. As of March 31, 2025, the balance available for the Capital Improvement Project is $390,841.30. The City will utilize these funds, along with an annual collection of $75,000 via the District from Fiscal Year 2024/25 to Fiscal Year 2028/29, to finance the work.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 7

4. SPECIAL AND GENERAL BENEFIT
The improvements defined in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits are described in this section. Figures in this section are derived from a Special v. General Benefit Analysis performed in Fiscal Year 2020/21.

4.1 Identification of Benefit
Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed.

4.2 Special Benefits Identified
The improvements described in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits conferred to property within the District can be grouped into three primary benefit categories: aesthetic benefit, safety benefit, and economic benefit. The three District benefit categories are further expanded upon below.
• Improved Aesthetics: The aesthetic benefit relates to the increase in the overall aesthetics as a result of the ongoing maintenance, servicing, and operation of the improvements within the District. The landscaping improvements enhance the overall image and desirability of the properties within the District. Street landscaping improvements improve the livability, commercial activity, appearance, and desirability for properties within the District. Regular maintenance ensures that the improvements do not reach a state of deterioration or disrepair, so as to be materially detrimental to properties adjacent to or in close proximity to the improvements. The overall appeal of the District is enhanced when improvements are in place and kept in a healthy and satisfactory condition. Conversely, appeal decreases when improvements are not wellmaintained, unsafe, or destroyed by the elements or vandalism. Streetscapes have a significant effect on how people view and interact with their community.1 With streetscapes that are safe and inviting, people are more likely to walk, which can help reduce automobile traffic, improve public health, stimulate local economic activity, and attract residents and visitors to the community.2 • Increased Safety: Well-maintained areas mitigate crime, especially vandalism, and enhance pedestrian safety. A recent study found that after landscape improvements were installed, there was a 46% decrease in crash rates across urban arterial and highway sites and a second study reviewed found a 5% to 20% reduction in mid-block crashes after trees and planters in urban arterial roads were put in place. In addition, there is less graffiti, vandalism, and littering in outdoor spaces with natural landscapes than in comparable plant-less spaces. 3 The Victoria Transport 1 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities.

Retrieved from http://www.vtpi.org/tdm/tdm97.htm.
2 Ibid.
3 Wolf, Kathleen L. (2010). Safe Streets – A Literature Review. In: Green Cities: Good Health (www.greenhealth.washington.edu).

College of the Environment, University of Washington.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 8 Policy Institute has found that streetscapes reduce traffic speeds and when combined with improved pedestrian crossing conditions can significantly reduce collisions. 4 • Economic Activity: Well-maintained street landscape improvements not only make adjacent properties appear more stable and prosperous but can spur investment in the property. The National Complete Streets Coalition notes that street design that is inclusive of all modes of transportation, where appropriate, not only improves conditions for existing businesses, but also is a proven method for revitalizing an area and attracting new development. 5Landscaped sidewalks create an inviting place for customers to shop and do business. 6 Well-maintained and safe District areas will encourage an increase in the overall pedestrian activity. The area will become more pedestrian friendly, thus improving the retail environment by encouraging individuals to shop, dine, and stay within the District boundaries. The District will provide a cleaner more inviting environment to businesses and consumers which will attract, retain and expand the retail and business climate throughout. The effort will reduce vacancy rates and increase lease rates and utilization of property within the District.

4.3 General Benefits Identified
Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed.

General benefit is an overall and similar benefit to the public at large resulting from the maintenance of the District’s improvements provided by the assessments levied. The improvements to be maintained by the District are located within the District boundaries only. There will be no District maintenance activities provided for improvements located outside of the District boundaries.

The ongoing maintenance of the District improvements will provide aesthetic, safety and economic activity benefits to the property within the District. However, it is recognized that the ongoing maintenance activities will also provide a level of benefit to some property within proximity to the District, as well as individuals passing through. Therefore, the general benefit created as a result of the District maintenance activities has been considered.

4.4 Quantification of Benefit
As a result of the maintenance and operation of the improvements, there will be a level of general benefit to people that do not work or intend to conduct business within the District. In order for property within the District to be assessed only for that portion of special benefits received from the District’s maintenance 4 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities.

Retrieved from http://www.vtpi.org/tdm/tdm97.htm.
5 Pugliese, Philip. (2008). Complete Streets provide all the elements of multi-modal transportation. Retrieved from http://www.americantrails.org/resources/trans/completestreets08.html 6 U.S Department of Transportation. Federal Highway Administration. (2001). Designing Sidewalks and Trails for Access, Part II of II: Best Practices Design Guide. Retrieved from http://www.fhwa. dot. gov/ environment/bicycle_pedestrian/publications/sidewalk2/

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 9 activities, general benefits provided by the ongoing maintenance of the improvements need to be quantified. The amount of general benefit that is provided from the District’s maintenance activities cannot be funded via property owners’ assessments.

Based upon the City’s General Plan, the streets within the City are classified into one of the following categories: freeway, expressway, arterial, collector or local streets. The landscaping improvements are primarily located along N McCarthy Boulevard and Ranch Drive and situated within the public rights-ofway. The portion of the maintained landscaping that is located along N McCarthy Boulevard (classified as an arterial street) provides some general benefit to pass-through traffic.

Arterial streets are intended to provide a higher degree of mobility and generally serve longer vehicle trips.

The landscape improvements within the District boundaries not only serve the parcels in the immediate vicinity, but persons who live outside of the District and are passing by. The City’s most recent traffic study7 completed in 2016 does not identify the percentage of traffic, which is pass-through traffic, but it does provide an estimated number of daily trips for N McCarthy Boulevard at the entrance of the District.

However, the daily trip count estimate is lower than the trip count utilized in the 2015 findings report. This would not be expected with the increase in development to this area. Therefore, In the absence of a more recent reading of traffic along N. McCarthy Boulevard, the 2015 average number of daily trips of 35,050 per the General Plan has been utilized for the base trip count.

In order to account for the estimated increase in daily average trips as a result of the increased development, the City commissioned a traffic study for each new development. Per the traffic studies, it is estimated there will be an increase of 9,156 average daily trips. Adding this increase to the 35,050 previously identified above, the estimated number of average vehicles per day is 44,206 as shown below.

Street Name
Average Number of
Vehicles per Day
N McCarthy Boulevard – between SR 237 and Ranch Drive 44,206 Before the determination and allocation of the percentage of special and general benefit for the District can be made, the estimated pass-through traffic must be computed. The pass-through trips are vehicles driving along the maintained streets for a portion of their trips, but not working, shopping or conducting business in the District or benefiting from the landscaping improvements in place.

Research consistently shows that developments with multiple land uses that make walking safe and convenient and are near other development, allow residents and workers to drive significantly less if they choose. While this District is not a mixed-use development, there are multiple land uses adjacent to one another. Therefore, treating this development area as though the uses were separated and accessible only by car would result in inflated trip counts in comparison to conventional, single-use developments.

In lieu of having a comprehensive traffic study that identifies the pass-through traffic, the estimated number of special benefit trips for each parcel has been determined using the average daily trips according 7 City of Milpitas. (2016 Traffic Study). Retrieved from City’s Assistant Traffic Engineer

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 10 to the ITE Trip Generation Report, 11th Edition8 and the 2010 NCHRP Report 684 Enhancing Trip Capture Estimation for Mixed-use Developments9.

Utilizing the ITE Trip Generation Report, each parcel within the District was assigned an average daily number of special benefit trips using the parcel’s land use, building size or number of units. Further, to ensure the number of trips generated by the parcels has not been overstated, the percentage of total trips that are made internally within the development has been considered. Using the 2010 NCHRP Report 684 Enhancing Trip Capture Estimation for Mixed-Use Developments, the total special benefit trips have been reduced by approximately 31% (19,258 trips) to account for internal trips between the various businesses within the District. The total number of special benefit trips is therefore 42,864 as shown below.

Property Type Combined Trip Generations
Retail (ITE Land Uses 815, 820, 869) 24,978.76
Office (ITE Land Uses 710, 714, 750) 15,832.41
Industrial/Warehousing (ITE Land Uses
140, 150, 151) 8,660.43
Fast-Food Restaurant w/ drive thru (ITE
Land Use 934) 3,925.30
Gas Station (ITE Land Use 945) 3,758.16
Restaurant (ITE Land Uses 931, 932) 3,710.03
Hotel (ITE Land Use 310) 1,256.82
Total Trips 62,121.92
Internal Trip Reduction1(19,257.79)
Total Adjusted Special Benefit Trips 42,864.12
(1) The internal trip rate percentage was calculated by using the NCHRP 684 Internal Rate Capture Estimation Tool.10
The total of all special benefit trips was removed from the average number of vehicles per day traveling within the District to estimate the number of pass-through trips daily.

Street Name
Average Number
of Vehicles
per Day
Less:

Estimated Special
Benefit Trips
Estimated Number
of Pass
Through Trips
Estimated %
General
Benefit
McCarthy Blvd. 44,206 42,864 1,342 3.04%
Based on the above calculations, the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the landscaping improvements is estimated to be 3.04%.

Pass-thru Vehicle General Benefit 3.04%
8 Trip Generation, 9th Edition: An Informational Report of the Institute of Transportation Engineers. (2021) Washington, DC: Institute of Transportation Engineers.
9 Bochner, Brian S., Hooper, Kevin, Sperry, Benjamin and Dunphy, Robert. National Cooperative Highway Research Program, Transportation Research Board of National Academies (2011). NCHRP Report 684 Enhancing Trip Capture Estimation for MixedUse Developments. Retrieved from onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_684.pdf 10 Ibid.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 11 The commonly accepted distance people will walk for public transportation, goods and services is onequarter mile.11 However, based on the location of the District, and given that it is bounded by State Route 880 and 237, and Coyote Creek, there is not an efficient or practical means of walking into the District.

Although unlikely, a person may decide to use the paths within the District, and as such the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the landscaping improvements is estimated to be 1.00%.

Pass-thru Walking General Benefit 1.00%
An estimated 1% of all US trips are made by bicycle12. Although the District is bounded by State Route 880 and 237, and Coyote Creek, there is a bike lane on N McCarthy Boulevard and a bike path along Coyote Creek13. According to the National Household Travel Surveys, 49% of bike trips are for recreation, exercise, and sports14. As result of the District maintenance activities, there will be a level of general benefit to bicycle traffic that is not associated with property in the District. As such the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the landscaping improvements is estimated to be .50%, rounded up to 1.00%.

Pass-thru Biking General Benefit 1.00%
Collective District-Wide General Benefit
Since the District is comprised of improved aesthetics, safety, and economic activity benefits resulting from the collective landscaping improvements, the activity of both pedestrians and vehicles must be addressed in a collective form rather than independently. The sum of the calculated general benefits is the total general benefit related to vehicle, walking, and biking pass-thru traffic. This general benefit result is provided in the table below:

Pass-thru Vehicle General Benefit 3.04%
Pass-thru Walking General Benefit 1.00%
Pass-thru Biking General Benefit 1.00%
Total General Benefit 5.04%
The general benefit, which is the percentage of the total budget that must be funded through sources other than assessments, is 5.04%. The special benefit then, which is the percentage of the budget that may be funded by assessments, is 95.00%. This general benefit percentage is in line with the level of general benefit determined by the assessment engineer at formation of the District (less than 10%). 11 Walkscore. (2014). Walk Score Methodology. Retrieved from http://www.walkscore.com/methodology.shtml 12 U.S Department of Transportation. Federal Highway Administration. (2011). Summary of Travel Trends: 2009 National Household Travel Survey. (Report No. FHWA-PL-11-022). Retrieved from http://nhts.ornl.gov 13 City of Milpitas. (2002). General Plan. Retrieved from http://www.ci.milpitas.ca.gov 14 Pucher, J., Buehler R., Meron, F., and Bauman, A. American Journals of Public Health, Supplement 1, Vol 101, No S1 (2011).

Walking and Cycling in the United States, 2001-2009: Evidence from the National Household Travel Surveys. Retrieved from http://www.ncbi.nlm.nih.gov/pubmed/21551387

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 12

4.5 Special Benefit Trips
The detailed breakdown of the estimated special benefit trips for each parcel in the District is shown in the following table.

Assmt ID
Assessor’s
Parcel
Number Land Use Description Acreage
Gross
Leasable
Area
Average
Trip Rate1
Estimated # of
Daily Special
Benefit Trips2
1-1A-1 022-54-016 710 - General office 1.05 8,500 11.03 93.76 1-1A-2 022-54-017(3) 310 – Hotel 3.29 83,310 8.17 680.64 1-1A-3 022-54-018(3) 310 – Hotel 2.31 70,524 8.17 576.18 1-1A-4 022-54-019 934 - Fast Food 0.19 0.00 496.12 0.00 1-1B 022-54-008 934 - Fast Food 0.78 2,912 496.12 1,444.70 1-2 022-54-002 820 - Shopping Center 0.58 5,600 42.70 239.12 1-3 022-54-003 932 - High Vol. Restaurant 1.02 5,465 127.15 694.87 1-4A 022-54-009 869 - Home Superstore 8.47 86,250 20.00 1,725.00 1-4B 022-54-012 820 - Shopping Center 3.02 15,000 42.70 640.50 1-4C 022-54-013 820 - Shopping Center 0.23 10,000 42.70 427.00 1-4D 022-54-015 931 - Quality Restaurant 1.78 8,285 89.95 745.24 1-4E 022-54-014 932 - High Vol. Restaurant 0.64 3,710 127.15 471.73 1-4F 022-54-011 820 - Shopping Center 1.31 9,100 42.70 388.57 1-4G 022-54-010 931 - Quality Restaurant 1.03 7,476 89.95 672.47 2-1 022-53-001 931 - Quality Restaurant 0.75 6,500 89.95 584.68 2-2 022-53-002 820 - Shopping Center 1.23 15,020 42.70 641.35 2-3 022-53-003 820 - Shopping Center 0.76 12,000 42.70 512.40 2-4 022-53-004 934 - Fast Food 0.6 2,000 496.12 992.24
2-5 022-53-005 934 - Fast Food 0.74 3,000 496.12 1,488.36 2-6 022-53-006 820 – Shopping Center 1.19 51,250 45.04 2,308.30 2-7 022-53-007 820 - Shopping Center 21.92 187,134 42.70 7,990.62 3 022-29-016 815 - Discount Superstore 14.56 125,000 50.75 6,343.75 4-1A-1 022-56-005 714 - Corp Headquarters 2.04 115,753 7.98 923.71 4-1A-2 022-56-006 714 - Corp Headquarters 2.06 174,483 7.98 1,392.37 4-1A-3 022-56-007 714 - Corp Headquarters 2.07 174,483 7.98 1,392.37 4-1A-4 022-56-008 Undeveloped 34.52 - - -
4-1A-5 022-56-009 Parking Lot 24.32 - - -
4-1B 022-29-037 Undeveloped 6 - - -
5-1A-1 022-29-034 750 - Office Park 36.49 572,660 11.42 6,539.78 5-2A-1 022-29-035 750 - Office Park 31.31 480,772 11.42 5,490.42 5-3A-1 022-29-040 150 – Warehousing/710
General Office

15.55 313,978 8.87 2,784.67
5-3A-2 022-29-041 931 – Quality Restaurant 0.14 6,015 89.95 541.05 5-3A-3
022-29-042 150 – Warehousing/710
General Office 6.94 136,632 8.87 1,211.79
5-3A-4
022-29-043 150 – Warehousing/710
General Office 7.36 122,208 8.87 1,083.86
5-3A-5
022-29-044 140 - Manufacturing and 710
General Office 7.73 131,331 8.87 1,164.77
5-3B-1A 022-30-054 140 - Manufacturing and 710
General Office 5.63 99,576 8.87 883.14
5-3B-2 022-30-038 Undeveloped 10 - - -
5-3B-3 022-30-039 Undeveloped 5 - - -
5-3C 022-30-0354 Pump Station 0.19 - - 1.00

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 13 Assmt ID
Assessor’s
Parcel
Number Land Use Description Acreage
Gross
Leasable
Area
Average
Trip Rate1
Estimated # of
Daily Special
Benefit Trips2
5-5A-1 022-30-055 815 - Discount Superstore 5.6 74,131 50.75 3,762.15 5-5A-2 022-30-056 915 – Gasoline/Service Station 0.59 3,182 1,181.07 3,758.16 5-5A-3 022-30-057 151 – Mini-Warehouse 3.15 114,707 13.34 1,530.19 5-6 022-30-041 Open Space 0 - - -
5-7 022-30-0494Sewer Pump Station 9.12 8,500 11.03 1.00 Total Estimated Daily Special Benefit Trips 62,121.92
Internal Trip Reduction5(19,257.79)
Total Special Benefit Trips 42,864.12
(1) Average Trip Rate per Day is from the Institute of Traffic Engineer’s, Trip Generation Report. 15 (2) Average Number of Special Benefit Trips per Day is the Average Trip Rate times each 1,000 square feet of gross leasable area. (3) Average Number of Special Benefit Trips per Day is the Average Trip Rate times number of hotel rooms for this parcel. (4) Pump Station trips are an estimate.
(5) The internal trip rate percentage was calculated by using the NCHRP 684 Internal Rate Capture Estimation Tool. 16 15 Trip Generation, 9th Edition: An Informational Report of the Institute of Transportation Engineers. (2012) Washington, DC: Institute of Transportation Engineers.
16 Bochner, Brian S., Hooper, Kevin, Sperry, Benjamin and Dunphy, Robert. National Cooperative Highway Research Program, Transportation Research Board of National Academies (2011). NCHRP Report 684 Enhancing Trip Capture Estimation for MixedUse Developments. Retrieved from onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_684.pdf

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 14

5. METHOD OF ASSESSMENT

5.1 Introduction
The special benefits that accrue to the properties in the District are limited to those properties that abut an improved public street or which have been obligated by issuance of bonds for necessary public improvements (the “Benefited Parcels”). Other properties in the District receive only a general benefit from the work of the improvements, and there is also some general benefit that accrues to the community as a whole. As outlined in Section 4, the total amount of general benefit from the improvements is determined to be 5.04%.

The Benefited Parcels receive a special benefit proportionate to their net acreage and thus they are assessed on the basis of total net acreage for all costs associated with the maintenance and installation of the District’s improvements, with the following exceptions:
• Of the 9.12 acres of parcel 022-30-049 (sewer pump station), 5.51 acres is the pump station and is not assessable. The remaining 3.61 acres does not benefit from landscaping as much as other Benefited Parcels because it is dedicated to municipal sanitary sewer and storm facilities use and will not otherwise be developed. Therefore, it is assigned a special benefit equal to 50% of other Benefited Parcels.
• Parcel 022-30-035 (storm pump station) does not benefit from landscaping as much as other Benefited Parcels because it is dedicated to municipal sanitary sewer and storm facilities use and will not otherwise be developed. Therefore, it is assigned a special benefit equal to 50% of other Benefited Parcels.
• Parcel 022-29-037 and parcel 022-30-041 are dedicated to open space and therefore do not receive special benefit from the maintenance and improvements.

5.2 Method of Assessment Spread
The amount of assessment levied on each Benefited Parcel in the District, for Fiscal Year 2025/26, is $0.0381 per square foot. The assessment rate was determined by taking the Fiscal Year 2025/26 Net Amount to be assessed ($448,957) divided by the total net square footage of the District (11,794,540 sq. ft.).

The maximum assessment rate for Fiscal Year 2025/26 is approximately $0.0572, which is a preliminary number. Each year the maximum assessment rate per square foot is increased by the percentage change from April 1st of the prior year to April 1st of the current year in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes, Pacific Cities and U.S. City Average, San Francisco-OaklandHayward. The April 1, 2025 CPI was not available at the time of writing of this report. For purposes of this report, the CPI increase was estimated by using the February 1, 2025 CPI.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 15

5.3 Maximum Assessment Rates
The following table provides the historical maximum assessment rate for Fiscal Year 2001/02 through the current fiscal year:

Fiscal Year CPI Percentage Increase(1) Assessment Rate Range (2)
2001/02 189.1 N/A $0.0120 $0.0300
2002/03 193.0 2.06% 0.0122 0.0306
2003/04 197.3 2.23% 0.0125 0.0313
2004/05 198.3 0.51% 0.0126 0.0315
2005/06 202.5 2.12% 0.0129 0.0321
2006/07 208.9 3.16% 0.0133 0.0331
2007/08 215.842 3.32% 0.0137 0.0342
2008/09 222.074 2.89% 0.0141 0.0352
2009/10 223.854 0.80% 0.0142 0.0355
2010/11 227.697 1.72% 0.0144 0.0361
2011/12 234.121 2.82% 0.0149 0.0371
2012/13 238.985 2.08% 0.0152 0.0379
2013/14 244.675 2.38% 0.0155 0.0388
2014/15 251.495 2.79% 0.0160 0.0399
2015/16 257.622 2.44% 0.0163 0.0409
2016/17 264.565 2.70% 0.0168 0.0420
2017/18 274.589 3.79% 0.0174 0.0436
2018/19 283.422 3.22% 0.0180 0.0450
2019/20 294.801 4.01% 0.0187 0.0468
2020/21 298.074 1.11% 0.0189 0.0473
2021/22 309.419 3.81% 0.0196 0.0491
2022/23 324.878 5.00% 0.0206 0.0515
2023/24 338.496 4.19% 0.0215 0.0537
2024/25 351.247 3.77% 0.0223 0.0557
2025/26 354.432 2.69%
(3) 0.0229 0.0572
(1) Percentage increase from April 1 of the prior year to April 1 of the current year in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes, Pacific Cities and US City Average, San Francisco-Oakland-Hayward. (2) The left and right column indicate the minimum and maximum assessment rate, respectively. (3) The April 1, 2025 CPI was not available at the time of writing of this report. The Fiscal Year 2025/26 CPI increase was estimated using the February 1, 2025 CPI.

5.4 Appeals
Any property owner who feels that the amount of their assessment is in error as a result of incorrect information being used to apply the foregoing method of spread may file an appeal with the Finance Director of the City. Any such appeal is limited to the correction of an assessment during the current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Finance Director shall promptly review the information provided by the property owner and if he/she finds that the assessment should be modified, he/she shall have the authority to make the appropriate changes in the assessment roll. If any such changes are provided after the assessment roll has been filed with the County for collection, the Finance Director is authorized to refund to the property owner the amount of any approved reduction.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 16

6. ASSESSMENT DIAGRAM
The following page provides a copy of the assessment diagram of the District.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 95-1 Engineer’s Report 17

7. ASSESSMENT ROLL
Assessor’s parcel identification, for each lot or parcel within the District, shall be based on the Santa Clara County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.

A listing of assessor’s parcels assessed within the District for Fiscal Year 2025/26, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the Santa Clara County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

RESOLUTION NO. _____

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

APPROVING THE ANNUAL REPORT FOR
THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 FOR FISCAL YEAR 2025/26
WHEREAS, the City Council previously 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 the Landscaping and Lighting Maintenance Assessment District 95-1 (the “Assessment District”); and WHEREAS, the City of Milpitas has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of and the report required pursuant to Section 22622 of the Act (the “Annual Report”); and
WHEREAS, the City Council has, by previous resolution, ordered NBS to prepare and file such Annual Report;
WHEREAS, NBS has prepared and filed such Annual Report with the City Clerk; and WHEREAS, all statutory and otherwise required prerequisites for the adoption of the Annual Report have occurred, including as specified in the Act.

NOW, THEREFORE, the City Council of the City of Milpitas 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. Approval of Report: The City Council hereby approves the Annual Report for the Assessment District concerning the levy of assessments as submitted by NBS for the fiscal year commencing July 1, 2025 and ending June 30, 2026.

3. The Assessment District exterior boundaries are as shown by a map filed in the office of the City Clerk, which map is made a part hereof by this reference.

PASSED AND ADOPTED this day of , 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Christopher Creech, Acting City Attorney

RESOLUTION NO.

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

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 FOR FISCAL YEAR 2025/26
WHEREAS, the City Council previously 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 the Landscaping and Lighting Maintenance Assessment District No. 95-1 (the “Assessment District”); and WHEREAS, the City of Milpitas has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of the report required pursuant to Section 22622 of the Act (the “Annual Report”);
WHEREAS, the City Council adopted a Resolution approving the Annual Report for the Assessment District for Fiscal Year 2025/26;
WHEREAS, all statutory and otherwise required prerequisites for the issuance of a notice of intent to levy and collect assessments within the Assessment District have been met, including as specified in the Act.

NOW, THEREFORE, the City Council of the City of Milpitas 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. Intention: The City Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvements for the fiscal year commencing July 1, 2025 and ending June 30, 2026. The City Council finds that the public’s best interest requires such action.

3. Improvements: The improvements within the Assessment District include, but are not limited to:
operating, maintaining and servicing of all public landscaping improvements, consisting of landscaping and grass. Operating, maintaining and servicing costs include, but are not limited to:
personnel, materials, electrical energy and water. Services provided include all necessary service, operations, administration, and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition. A project renovating the landscape and irrigation improvements in the Assessment District was initiated in Fiscal Year 2021/22 and will be completed in Fiscal Year 2025/26.

4. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the offices of the City Clerk, which map is made a part hereof by reference.

5. Annual Report: Reference is made to the Annual Report prepared by NBS, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District.

6. Notice of Public Hearing: The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the City Council. The public hearing will be held on Tuesday, June 3, 2025 at 7:00 pm or as soon thereafter as is feasible in the meeting place of the City Council located at 455 E. Calaveras Boulevard, Milpitas, CA 95035.

The City Council further orders the City Clerk to publish notice of this resolution in accordance with Section 22626(a) of the Act.

7. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that was previously approved by the property owners (as “increased assessment” is defined in Section 54954.6 of the Government Code).

PASSED AND ADOPTED this day of , 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Christopher Creech, Acting City Attorney

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt Resolutions Approving the Annual Engineer’s Report and Declaring the Intent to Levy and Collect Assessments for Landscaping and Lighting Maintenance Assessment District No. 98-1 Sinclair Horizon (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Development
Meeting Date: 5/6/2025
Recommendation: (1) Adopt a resolution approving the Annual Engineer’s Report, (2) Adopt a resolution declaring the intent to levy and collect assessments; and (3) Provide notice of a public hearing to be held on June 3, 2025, for Landscaping and Lighting Maintenance Assessment District No. 98-1 Sinclair Horizon.

BACKGROUND:

In 1998, the City Council 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 the Landscaping and Lighting Maintenance Assessment District 98-1 (“LLMD 98-1 Sinclair Horizon”).

LLMD 98-1 Sinclair Horizon provides for the maintenance and improvement of public landscaping, irrigation systems, and a pedestrian walking path adjacent to Sinclair Frontage Road and Los Coches Creek abutting the Sinclair Horizon residential subdivision in the areas as shown on the attached location map (Attachment A).

Staff retained the consulting firm NBS for the purpose of assisting with the annual levy of the LLMD 98-1 Sinclair Horizon, and the preparation and filing of the report as required pursuant to Section 22622 of the Act (the “Annual Engineering Report”).

ANALYSIS:

Before the City Council may levy the annual assessments for LLMD 98-1 Sinclair Horizon, the Act requires the City Council to adopt a resolution approving the Annual Engineer’s Report (Attachment B) evaluating the landscape and lighting maintenance district’s maintenance and improvement costs for Fiscal Year (FY) 2025-

26. On March 4, 2025, the City Council directed the City Engineer to prepare the Annual Engineer’s Report, which is included in the City Council agenda packet. The proposed total assessment for FY 2025-26 is $538.41 per lot, with an assessment rate not exceeding the maximum assessment rate of $591.00. The rate for FY2025-26 is unchanged from the FY2024-25 rate.

Staff recommend City Council adopt Resolutions approving the Annual Engineering’s Report (Attachment C), and declaring its intent to levy and collect an assessment and providing notice of a public hearing to be held on June 3, 2025 (Attachment D) for LLMD 98-1 Sinclair Horizon in Fiscal Year 2025-26.

POLICY ALTERNATIVE(S):

Alternative 1: Not adopt the Resolutions for LLMD 98-1 Sinclair Horizon.

Pros: None.

Cons: If the City Council does not adopt the Resolutions according to the Landscaping and Lighting Act of 1972, the City will be unable to collect assessments for LLMD 98-1 Sinclair Horizon.

Reason Not Recommended: Staff recommends approving the Resolutions in order to levy and collect assessments for fiscal year 2025-26 to allow for the continuous maintenance and service of LLMD 98-1 Sinclair Horizon.

FISCAL IMPACT:

The levy and collection of assessments provides the City with the needed resources for the maintenance and the servicing of the improvements. The Fiscal Year 2025-26 maintenance budget for the LLMD 98-1 is estimated to be $66,738.00. The City maintains an operating reserve, not to exceed the estimated maintenance costs.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

A levy and collection of assessments 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. The action is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378. To the extent the funds generated by this levy and collection would be used to fund any currently contemplated projects, such projects entail 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:
(1) Adopt a resolution approving the Annual Engineer’s Report. (2) Adopt a resolution declaring the intent to levy and collect assessments.

Provide notice of a public hearing to be held on June 3, 2025, for Landscaping and Lighting Maintenance Assessment District No. 98-1 Sinclair Horizon.

ATTACHMENT(S):
(a) Location Map
(b) Engineer’s Report for LLMD No. 98-1 Sinclair Horizon (c) Resolution Approving Annual Engineer’s Report
(d) Resolution Declaring Intent to Levy and Collect Assessments

CITY OF MILPITAS
LANDSCAPING MAINTENANCE DISTRICT (LMD) 95-1
(N.T.S.)
2025-2026 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE

nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2025/26 Engineer’s Report For:

Landscaping and Lighting Maintenance
Assessment District No. 98-1
April 2025

CITY OF MILPITAS
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 455 East Calaveras Boulevard
Milpitas, California 95035
(408) 586-3000

CITY COUNCIL
Carmen Montano, Mayor
Gary Barbadillo, Vice Mayor
Evelyn Chua, Council Member
Hon Lien, Council Member
William Lam, Council Member

CITY STAFF
Michael Silveira, PE, City Engineer
Luz Cofresi-Howe, Finance Director/Risk Manager
Christian Di Renzo, Public Works Director
NBS
Tim Seufert, Client Services Director
Amanda Welker, Project Manager
Tom Zetz, Administrator

TABLE OF CONTENTS

1. Engineer’s Letter.............................................................................................................1

2. Plans and Specifications..................................................................................................3

2.1 Location of Improvements........................................................................................3

2.2 Landscaping Improvements......................................................................................3

2.3 Capital Improvements...............................................................................................4

2.4 Overhead...................................................................................................................4

3. Estimate of Costs............................................................................................................5

3.1 District Budget...........................................................................................................5

4. Special and General Benefit ............................................................................................7

4.1 Introduction...............................................................................................................7

4.2 Special Benefits Identified.........................................................................................7

4.3 General Benefits Identified .......................................................................................8

4.4 Quantification of Benefit...........................................................................................8

5. Method of Assessment ................................................................................................. 13

5.1 Method of Assessment Spread ...............................................................................13

5.2 Maximum Assessment Rates ..................................................................................14

5.3 Appeals....................................................................................................................14

6. Assessment Diagram..................................................................................................... 15

7. Assessment Roll............................................................................................................ 16

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 1

1. ENGINEER’S LETTER
WHEREAS, in 1998, the City Council of the City of Milpitas (the “City”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), created the City of Milpitas Landscaping and Lighting Maintenance Assessment District No. 98-1 (the “District”) to provide for the continued maintenance, operation, and administration of various improvements within the boundaries of the District; and WHEREAS, the City Council has directed NBS to prepare and file a report for Fiscal Year 2025/26 in accordance with Chapter 1, Article 4 of the Act presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs to maintain, operate, and service the improvements for the District for the referenced fiscal year; a diagram for the District showing the area and properties to be assessed; and an assessment of the estimated costs to maintain and service the improvements, stating the net amount to be assessed upon all assessable lots or parcels within the District in proportion to the special benefit received.

NOW THEREFORE, the following assessments have been calculated in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation, and are made to cover the portion of the estimated costs of maintenance, operation, and servicing of the improvements, to be paid by the assessable real property within the District in proportion to the special benefit received:

District Parcels
2025/26
Maximum Assessment
Rate per Lot(1)
2025/26
Actual Assessment
Rate per Lot
2025/26
Net Amount to be
Assessed(2)(3)
LLMAD 98-1 98 $591.00 $538.41 $52,763.20
(1) The April 1, 2025 Consumer Price Index (CPI) provided by the U.S. Bureau of Labor Statistics was not available at the time of writing of this report. The Fiscal Year 2025/26 CPI increase was estimated using the February 1, 2025 CPI. (2) Amounts placed on the tax roll include the 1% Santa Clara County Collection Fee. (3) This amount is only an estimate and does not reflect the final billed amount with rounding adjustments. Refer to Section 7 for the rounded figure.

I identified all parcels which will have a special benefit conferred upon them from the improvements described in District’s Plans and Specifications section of this Engineer’s Report (the “Benefited Parcels”).

For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy is on file in the office of the City Clerk.

I have assessed the costs and expenses of the improvements upon the Benefited Parcels. In making such assessment:
a. The proportionate special benefit derived by each Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 2 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information and belief, the Engineer’s Report, Assessments, and the Assessment Diagrams herein have been prepared and computed in accordance with the order of the City Council of the City of Milpitas, the Act, and Article XIIID.

Michael Silveira, City Engineer

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 3

2. PLANS AND SPECIFICATIONS
The District provides for the continued administration, maintenance, operation, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District.

2.1 Location of Improvements
The District is located in the City of Milpitas, bounded on the east by Sinclair Frontage Road, on the west by Berryessa Creek, and on the north by Los Coches Street. The improvements maintained include public landscaping and irrigation improvements, including jogging paths, planter walls, grass berms, and ornamental planting, which are primarily situated within the public rights-of-way and dedicated public easements within the District.

2.2 Landscaping Improvements
The landscaping and irrigation improvements were installed within the District in order to enhance the overall visual appearance for adjacent parcels. The improvements consist of the maintenance and operation of any or all public landscaping and irrigation improvements adjacent to curbs, including asphalt concrete jogging paths, planter walls, grass berms, and appurtenant irrigation systems; ornamental planting including lawns, shrubs, and trees, including necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal and all other items of work necessary and incidental for proper maintenance and operation thereof. The landscaping and irrigation improvements are collectively referred to as “landscaping improvements.” All such work will be performed in the following areas:

2.2.1 BERRYESSA CREEK
Due to the widening of the creek, improvements in Berryessa Creek were removed. Any improvements maintained in this reach (asphalt concrete jogging path, exercise equipment, planting, and irrigation) will no longer be maintained or improved.

2.2.2 LOS COCHES CREEK

1. A strip of land 812 feet long, 14 feet in width along the south bank of Los Coches Creek adjacent to Tract 9018. The improvements include an asphalt concrete jogging path, exercise equipment, planting, and irrigation.

2. A strip of land 5.5 feet wide within the Los Coches Street right-of-way between the back of sidewalk and the right-of-way along the south side of Los Coches Street between Berryessa Creek and Sinclair Frontage Road. The improvements include planting and irrigation.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 4

2.3 Capital Improvements
In 2023, the City completed the replacement of the irrigation controller and repairs of the irrigation system along portions of Los Coches Street and Sinclair Frontage Road. The City is planning to continue planting renovations in 2025/2026.

2.4 Overhead
In addition to the hard costs of maintaining the improvements mentioned above, the City will incur costs for staff time and expenses related to the management and maintenance of the improvements within the District. Staff time includes oversight and coordination of both City and contractor provided services, annual tax roll preparation, and addressing property owner questions and concerns. These activities are directly related to the maintenance of the improvements, and without them the improvements could not be efficiently completed or properly maintained on an ongoing basis.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 5

3. ESTIMATE OF COSTS
The estimated costs of maintenance and servicing of the improvements as described in the Plans and Specifications are summarized below.

3.1 District Budget
The Fiscal Year 2025/26 estimated cost budget for the maintenance and servicing of the improvements is as follows:

Description Fiscal Year 2025/26 Budget
Maintenance Staff(1) $32,085
Capital Equipment 0
Supplies 2,853
Utilities (Water, Electricity) 11,800
Reserve Fund 0
Capital Improvement Program 20,000
Maintenance Costs 66,738
NBS $4,200
City Staff District Administration 2,500
County Auditor-Controller Fee(2) 550
District Specific Costs $7,250
Total District Costs $73,988
General Benefit Contribution(3) (21,223)
Operating Reserve Contribution 0
Capital Improvement Fund Contribution 0
Net Amount to be Assessed $52,765
Total District Lots 98
Rate per Lot(4) $538.41
Maximum Rate Per Lot – 2025/26
(5) $591.00
(1) The City’s Department of Public Works is the provider of Maintenance Services. (2) County Auditor-Controller Fee is currently 1% of the total levy submittal. (3) General Benefit Contribution is not applied to District Specific Costs, as these are special benefits to the District. (4) The Rate per Lot equals the Net Amount to be Assessed / Total District Lots. The Rate per Lot cannot exceed the maximum rate.
(5) The April 1, 2025 CPI was not available at the time of writing of this report. The Fiscal Year 2025/26 CPI increase was estimated by using the February 1, 2025 CPI.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 6

3.1.1 OPERATING RESERVE
It is the intent of the City to maintain an operating reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments from the County, whichever is later. The operating reserve balance information for the District is as follows:

Estimated Fiscal Year Ending 6/30/2025 Operating Reserve Cash Balance $110,308 Operating Reserve Collection for Fiscal Year 2025/26 0
Estimated Fiscal Year Ending 6/30/2026 Operating Reserve Cash Balance $110,308

3.1.2 CAPITAL IMPROVEMENT BUDGET
The City completed the replacement of the irrigation controller and repairs of the irrigation system along portions of Los Coches Street and Sinclair Frontage Road in 2023. The City is planning to continue planting renovations in 2025/2026. As of March 31, 2025, the balance available for the Capital Improvement Project was $122,391.35. The City will utilize these funds, along with an annual collection of $20,000 via the District from Fiscal Year 2025/26 to Fiscal Year 2028/29, to finance the project.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 7

4. SPECIAL AND GENERAL BENEFIT
The improvements defined in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits are described in this section. Figures in this section are derived from a Special v. General Benefit Analysis performed in Fiscal Year 2014/15.

4.1 Introduction
Pursuant to Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the installation, implementation and maintenance of the improvements, services and activities shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the installation, implementation and maintenance of the improvements, services and activities.

Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Proposition 218 requires that the City separate the general benefit from special benefit, so that only special benefit may be assessed to properties within the District. Furthermore, Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment.

4.2 Special Benefits Identified
The improvements described in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits conferred to property within the District can be grouped into two primary benefit categories: aesthetic benefit and safety benefit. The two district benefit categories are further expanded upon below.
• Improved Aesthetics: The aesthetic benefit relates to the increase in the overall aesthetics as a result of the ongoing maintenance, servicing and operation of the improvements within the District. Street landscaping improvements improve the livability, commercial activity, appearance and desirability for properties within the District. Regular maintenance ensures that the improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties adjacent to or in close proximity to the improvements. The overall appeal of the District is enhanced when improvements are in place and kept in a healthy and satisfactory condition. Conversely, appeal decreases when improvements are not well-maintained, unsafe, or destroyed by the elements or vandalism. Streetscapes have a significant effect on how people view and interact with their community1. With streetscapes that are safe and inviting, people are more likely to walk, which can help reduce automobile traffic, improve public health, stimulate local economic activity and attract residents and visitors to the community2. • Increased Safety: Well maintained areas mitigate crime, especially vandalism, and enhance pedestrian safety. A recent study found that after landscape improvements were installed, there 1 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities. Retrieved from http://www.vtpi.org/tdm/tdm97.htm.
2 Ibid.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 8 was a 46% decrease in crash rates across urban arterial and highway sites and a second study reviewed found a 5% to 20% reduction in mid-block crashes after trees and planters in urban arterial roads were put in place. In addition, there is less graffiti, vandalism, and littering in outdoor spaces with natural landscapes than in comparable plant-less spaces3. The Victoria Transport Policy Institute has found that streetscapes reduce traffic speeds and when combined with improved pedestrian crossing conditions can significantly reduce collisions4.

4.3 General Benefits Identified
Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed.

General benefit is an overall and similar benefit to the public at large resulting from the maintenance of the District’s improvements provided by the assessments levied. The improvements to be maintained by the District are located within the District boundaries only. There will be no District maintenance activities provided for improvements located outside of the District boundaries.

The ongoing maintenance of the District improvements will provide aesthetic and safety benefits to the property within the District. However, it is recognized that the ongoing District maintenance activities will also provide a level of benefit to some property within proximity to the District, as well as individuals passing through. Therefore, the general benefit created as a result of the District maintenance activities has been considered.

4.4 Quantification of Benefit
As a result of the maintenance and operation of the improvements, there will be a level of general benefit to people that do not live in or intend to conduct business within the District. In order for property within the District to be assessed only for that portion of special benefits received from the district’s maintenance activities, general benefits provided by the ongoing maintenance of the improvements needs to be quantified. The amount of general benefit that is provided from the District’s maintenance activities cannot be funded via property owners’ assessments.

The landscaping improvements are primarily located along Los Coches Street and Sinclair Frontage Road and within the subdivision along Los Coches Creek and Berryessa Creek. A portion of the maintained landscaping provides some general benefit to pass-thru traffic. Per the City, there is 52,912 square feet of landscaping being maintained.

Los Coches Creek and Berryessa Creek
As result of the District maintenance activities, there will be a level of general benefit to pedestrians and vehicular traffic that are not associated with property in the District. As expressed by the Court in Beutz v. 3 Wolf, Kathleen L. (2010). Safe Streets – A Literature Review. In: Green Cities: Good Health (www.greenhealth.washington.edu). College of the Environment, University of Washington.
4 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities. Retrieved from http://www.vtpi.org/tdm/tdm97.htm.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 9 County of Riverside (2010), “... courts of this state have long recognized that virtually all public improvement projects provide general benefits." A route beginning or ending with a parcel within the District does not include the “general public” for purposes of determining general benefit. The landscaping improvements along the south side of Los Coches Creek and Berryessa Creek are local in nature, however even though they are intended primarily for localized access, there is some portion of pedestrian traffic that may not be accessing the adjacent properties. The landscaping improvements are located adjacent to the backyard of homes, and access is only available by walking or bicycling. There is no vehicular access to these improvements.

The Summary of Travel Trends, 2009 National Household Travel Survey (NHTS) prepared by the U.S.

Department of Transportation Federal Highway Administration analyzed the number of person trips by various modes of transportations such as private vehicle, transit, walking or some other means of transportation. According to the Pacific Division data extracted from the 2009 NHTS database, of the annual 181,703 (in millions) total person trips, 21,252 (in millions) or 11.70% of those person trips were made by using walking as their mode of transportation, and 2,066 (in millions) or 1.14% of those person trips were made by bicycling5.

According to the U.S. Census Bureau (2010), the average household size in the City is 3.34 persons6. Based on this average household size, and considering there are 98 residential units within the District, there are approximately 327 people residing within the District boundaries. There are an estimated 163 residential units in close proximity, but outside of the District boundaries. Based on the City’s average household size, there are approximately 544 persons residing outside of the District boundaries, but have access to the landscaping improvements.

Community
Estimated Number
of Residential Units
Estimated
Number of Persons(1)
District 98 327
Sundrop Subdivision 83 277
Sinclair Renaissance Subdivision 80 267
Total Residential Population 261 871
(1) U.S. Census Bureau (2010) average household size in the City is 3.34 persons.7 In order to determine the estimated total number of persons who are within close proximity to the landscaping improvements, and would utilize walking or bicycling as their mode of transportation, we applied the 12.84% (11.70% walking, 1.14% bicycling) of person trips reported from the NHTS Pacific Division study, to the total nearby residential population (871). There are approximately 112 people within close proximity of the District that utilize walking or bicycling as their mode of transportation.

In order to determine the portion of the 112 persons that reside within the District, we applied the 2009 NHTS walking trip percentage (12.84%) to the District population (327). Approximately 42 people within the 5 U.S Department of Transportation. Federal Highway Administration. (2011). Summary of Travel Trends: 2009 National Household Travel Survey. (Report No. FHWA-PL-11-022). Retrieved from http://nhts.ornl.gov 6 U.S. Census Bureau. (2010). Profile of General Population and Housing Characteristics: 2010, 2010 Demographic Profile Data. Milpitas, C.A. Retrieved March 23, 2015, http://quickf acts.census.gov/qf d/states/06/0647766.html 7 Ibid.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 10 District boundaries use walking or bicycling as their primary mode of transportation. Therefore, the total surrounding neighborhood area population, located outside of the District boundaries, but in close proximity the landscaping improvements, that uses walking or bicycling as their primary mode of transportation is estimated to be 70 people.

Community
Estimated Number of
Persons
District 42
Sundrop Subdivision 36
Sinclair Renaissance Subdivision 34
Walking or Bicycling Population 112
In order to obtain a better picture of the overall level of general benefit provided by the landscaping improvements, the pedestrian traffic that utilizes walking or bicycling as the mode of transportation that will seek out and use the District improvements, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the reported walking (21,252 in millions) and bicycling (2,066 in millions) trips; based on the property types people entering the District would most likely do so for social or recreational activities.

The following details the number of walking and bicycling trips, based on the 2009 NHTS study, for each of the activities that are the most likely reasons people outside of the District would use the landscaping improvements:

Trip Purpose
Number of Walking or
Bicycling Trips (in millions)
Social/Recreational 6,442
Total 6,442
Of the total number of walking and bicycling trips reported, 6,442 (in millions) or 27.63% are for purposes that persons outside of the District may use the landscaping improvements. Applying this percentage (27.63%) to the number of people walking or bicycling as their mode of transportation and that reside outside of the District (70), there are approximately 19 people (general benefit) that may use the landscaping improvements, but do not reside within the District. Taking the 19 people that may walk or bicycle, but reside outside of the District, divided by total residential population with access to the landscaping improvements (871), the estimated percentage of persons, engaging in what is considered general benefit because they do not reside within the District, represents 2.21%.

Los Coches Street and Sinclair Frontage Road
The City does not have a study showing traffic volume along Los Coches Street and Sinclair Frontage Road along the District boundaries. The portion of the maintained landscaping that is located along Los Coches Street and Sinclair Frontage Road provides some general benefit to pass-through traffic. Before the determination and allocation of the percentage of special and general benefit for the District can be made, the estimated pass-through traffic must be computed. The pass-through trips are vehicles driving along the

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 11 maintained streets within the District for a portion of their trips, but not living or conducting business in the District and benefiting from the landscaping improvements in place.

The Sundrop and Sinclair Renaissance residential communities are located directly across the street and next to the District, and vehicles entering and/or exiting these communities in all likelihood are passing by a portion of the landscaping improvements for a portion of their trip. In lieu of having a study that identifies the pass-through traffic, the estimated number of trips generated for each community has been calculated based on the number of units and average number of trips per dwelling unit.

Community
Number of
Residential Units(1)
Estimated Number of
Daily Vehicle Trips(2)
% of Total Daily
Vehicle Trips(3)
District 98 933.0 44.34%
Sundrop Subdivision 83 790.2 37.56%
Sinclair Renaissance Subdivision 80 380.8 18.10%
Total 261 2,104.0 100.00%
(1) Number of Residential Units is from the City’s Approved Projects map.8 (2) Per the ITE Trip Generation Report a single family residence generates an average of 9.52 trips per dwelling unit.9 (3) Number of daily trips has been reduced by 50% to account for vehicles entering and exiting the community from the opposite direction on Sinclair Frontage Road, and not driving along the portion of Los Coches Street and Sinclair Frontage Road with landscaping improvements maintained by the District.

As detailed above, based on the average number of daily vehicle trips generated for the communities in close proximity to the District, 1,171 (55.66%) are generated by residential units located outside of the District (general benefit).

All Locations and Landscaping Improvements – Residential Pass-thru Benefit The general benefit percentages determined in the previous sections for Los Coches Creek and Berryessa Creek (2.21%) and Los Coches Street and Sinclair Frontage Road (55.66%) were then applied to each corresponding location with landscaping improvements. The landscaping square footage being maintained by the District was provided by the City’s Public Works Department. The general benefit percentage for each street type was multiplied by the total square footage being maintained for such street. The general benefit square footage was summed for all street segments and divided into the total square footage of all landscaping maintenance. The result is the combined general benefit percentage. The following table details this calculation.

Street Name
Total Square
Footage
General Benefit
Percentage
General Benefit Square
Footage
Los Coches Creek 4,572 2.21% 101
Berryessa Creek 21,025 2.21% 465
Los Coches Street 24,747 55.66% 13,773
Sinclair Frontage 2,568 55.66% 1,429
Totals: 52,912 15,768
Landscaping General Benefit 29.80%
8 City of Milpitas. (2013). Approved Development Projects. Retrieved from http://www.ci.milpitas.ca.gov/government/planning/proj_approved.asp 9 Trip Generation, 9th Edition: An Informational Report of the Institute of Transportation Engineers. (2012). Washington, DC: Institute of Transportation Engineers.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 12 Based on the above calculations, the general benefit portion of the improved aesthetics and increased safety resulting from the landscaping improvements is estimated to be 29.80%.

Public at Large General Benefit
Given the location and nature of the improvements, it is very unlikely the public at large would seek out or use the landscaping improvements within the District. In addition, there are more direct routes to access the industrial complexes/businesses located to the south of the District than the 2 lane Los Coches Street and Sinclair Frontage Road. Nevertheless, it is perceivable that members of the public at large may passthru a portion of the landscaping improvements, even if it’s lost or leisure traffic. As such, general benefit of 2.00% has been assigned for the landscaping improvements to the public at large.

4.4.1 COLLECTIVE DISTRICT-WIDE GENERAL BENEFIT
Since the District is comprised of improved aesthetics and increased safety benefits resulting from the collective landscaping improvements, the activity of both pedestrians and vehicles, and the public at large must be addressed in a collective form rather than independently. The sum of the calculated general benefits is the total general benefit related to all pass-thru traffic. This general benefit result is provided in the table below:

Residential Pass-thru General Benefit 29.80%
Public at Large General Benefit 2.00%
Total General Benefit 31.80%
The general benefit, which is the percentage of the total budget that must be funded through sources other than assessments, is 31.80%. The special benefit then, which is the percentage of the budget that may be funded by assessments, is 68.20%.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 13

5. METHOD OF ASSESSMENT

5.1 Method of Assessment Spread
All parcels in the District on which residential dwellings will be constructed specially benefit from the improvements to an equivalent extent. These parcels are therefore assessed on a per lot basis for the maintenance and operation of the District, including incidentals and appurtenances, and will include all the costs of maintenance and/or operating the improvements. As outlined in Section 4, the total amount of general benefit from the improvements is determined to be 31.80%.

The preliminary maximum assessment rate for Fiscal Year 2025/26 is $591.00. The actual assessment rate levied on each taxable parcel for Fiscal Year 2025/26 is $538.41.

Each year the maximum assessment rate shall be increased by the percentage change from April 1st of the prior year to April 1st of the current year by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes, Pacific Cities and U.S. City Average, San Francisco-Oakland-Hayward. The April 1, 2025 CPI was not available at the time of writing of this report. For purposes of this report, the CPI increase was estimated by using the February 1, 2025 CPI.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 14

5.2 Maximum Assessment Rates
The following table provides the historical maximum assessment rates for Fiscal Year 2000/01 through the current fiscal year:

Fiscal Year CPI Percentage Increase(1) Maximum Rate
2000/01 178.7 N/A $292.803
2001/02 189.1 5.82% 309.844
2002/03 193.0 2.06% 316.234
2003/04 197.3 2.23% 323.280
2004/05 198.3 0.51% 324.918
2005/06 202.5 2.12% 331.800
2006/07 208.9 3.16% 342.286
2007/08 215.842 3.32% 353.661
2008/09 222.074 2.89% 363.872
2009/10 223.854 0.80% 366.789
2010/11 227.697 1.72% 373.086
2011/12 234.121 2.82% 383.611
2012/13 238.985 2.08% 391.581
2013/14 244.675 2.38% 400.904
2014/15 251.495 2.79% 412.079
2015/16 257.622 2.44% 422.118
2016/17 264.565 2.70% 433.494
2017/18 274.589 3.79% 449.919
2018/19 283.422 3.22% 464.392
2019/20 294.801 4.01% 483.037
2020/21 298.074 1.11% 488.400
2021/22 309.419 3.81% 506.988
2022/23 324.878 5.00% 532.318
2023/24 338.496 4.19% 554.632
2024/25 351.247 3.77% 575.524
2025/26 354.432 2.69%
(2) 591.000
(1) Percentage increase from April 1 of the prior year to April 1 of the current year in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index, Pacific Cities and US City Average, San Francisco-Oakland-Hayward. (2) The April 1, 2025 CPI was not available at the time of writing of this report. The Fiscal Year 2025/26 CPI increase was estimated using the February 1, 2025 CPI.

5.3 Appeals
Any property owner who feels that the amount of their assessment is in error as a result of incorrect information being used to apply the foregoing method of spread, may file an appeal with the Finance Director of the City. Any such appeal is limited to correction of an assessment during the current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Finance Director shall promptly review the information provided by the property owner and if he/she finds that the assessment should be modified, he/she shall have the authority to make the appropriate changes in the assessment roll. If any such changes are provided after the assessment roll has been filed with the County for collection, the Finance Director is authorized to refund to the property owner the amount of any approved reduction.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 15

6. ASSESSMENT DIAGRAM
The following page provides a copy of the assessment diagram of the District.

City of Milpitas
Fiscal Year 2025/26 – LLMAD No. 98-1 Engineer’s Report 16

7. ASSESSMENT ROLL
Assessor’s parcel identification, for each lot or parcel within the District, shall be based on the Santa Clara County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.

A listing of assessor’s parcels assessed within the District for Fiscal Year 2025/26, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the Santa Clara County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

RESOLUTION NO. _____

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

APPROVING THE ANNUAL REPORT FOR
THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 FOR FISCAL YEAR 2025/26
WHEREAS, the City Council previously 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 the Landscaping and Lighting Maintenance Assessment District 98-1 (the “Assessment District”); and WHEREAS, the City of Milpitas has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of and the report required pursuant to Section 22622 of the Act (the “Annual Report”); and
WHEREAS, the City Council has, by previous resolution, ordered NBS to prepare and file such Annual Report;
WHEREAS, NBS has prepared and filed such Annual Report with the City Clerk; WHEREAS, all statutory and otherwise required prerequisites for the adoption of the Annual Report have occurred, including as specified in the Act.

NOW, THEREFORE, the City Council of the City of Milpitas 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. Approval of Report: The City Council hereby approves the Annual Report for the Assessment District concerning the levy of assessments as submitted by NBS for the fiscal year commencing July 1, 2025 and ending June 30, 2026.

3. The Assessment District exterior boundaries are as shown by a map filed in the office of the City Clerk, which map is made a part hereof by this reference.

PASSED AND ADOPTED this day of , 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Christopher Creech, Acting City Attorney

RESOLUTION NO.

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

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 FOR FISCAL YEAR 2025/26
WHEREAS, the City Council previously 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 the Landscaping and Lighting Maintenance Assessment District No. 98-1 (the “Assessment District”); and WHEREAS, the City of Milpitas has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of the report required pursuant to Section 22622 of the Act (the “Annual Report”);
WHEREAS, the City Council adopted a Resolution approving the Annual Report for the Assessment District for Fiscal Year 2025/26;
WHEREAS, all statutory and otherwise required prerequisites for the issuance of a notice of intent to levy and collect assessments within the Assessment District have been met, including as specified in the Act.

NOW, THEREFORE, the City Council of the City of Milpitas 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. Intention: The City Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvements for the fiscal year commencing July 1, 2025 and ending June 30, 2026. The City Council finds that the public’s best interest requires such action.

3. Improvements: The improvements within the Assessment District include, but are not limited to:
operating, maintaining and servicing of all public landscaping improvements, consisting of landscaping and grass. Operating, maintaining and servicing costs include, but are not limited to:
personnel, materials, electrical energy and water. Services provided include all necessary service, operations, administration, and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition. A project renovating the landscape and irrigation improvements in the Assessment District was initiated in Fiscal Year 2021/22 and will be completed in Fiscal Year 2025/26.

4. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the offices of the City Clerk, which map is made a part hereof by reference.

5. Annual Report: Reference is made to the Annual Report prepared by NBS, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District.

6. Notice of Public Hearing: The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the City Council. The public hearing will be held on Tuesday, June 3, 2025 at 7:00 pm or as soon thereafter as is feasible in the meeting place of the City Council located at 455 E. Calaveras Boulevard, Milpitas, CA 95035.

The City Council further orders the City Clerk to publish notice of this resolution in accordance with Section 22626(a) of the Act.

7. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that was previously approved by the property owners (as “increased assessment” is defined in Section 54954.6 of the Government Code).

PASSED AND ADOPTED this day of , 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Christopher Creech, Acting City Attorney

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute An Amended and Restated Master Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for Bike and Pedestrian Outreach, CIP No. 4306 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/6/2025
Recommendation: Approve and authorize the City Manager to execute an Amended and Restated Master Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for Bike and Pedestrian Outreach, CIP No. 4306.

BACKGROUND:

In November 2016, Santa Clara County voters approved the 2016 Measure B ballot measure, a 30-year halfcent countywide sales tax to enhance transit, highways, expressways and active transportation programs for bicycles and pedestrians. The Santa Clara Valley Transportation Authority (VTA) established the 2016 Measure B Program (Program) and adopted program category guidelines. Under the Program, the Bike and Pedestrian Education and Encouragement category covers activities and the development of material for distribution that are designed and intended to satisfy the following goals:

1. Promote, educate, and/or encourage safe walking or bicycling for residents or visitors of every age and ability

2. Communicate to residents and visitors the benefits of walking and bicycling

3. Communicate to school children, residents, and visitors the rights and responsibilities of pedestrians, bicyclists, and motorists
The City is eligible to receive annual funding to conduct bike and pedestrian education and encouragement activities with funds distributed through a population-based formula. The funds may only be used for bicycle and pedestrian education and promotional activities and may not be used for construction projects or other purposes. To receive this funding, the City was required to enter into a Master Funding Agreement with VTA to ensure funds are spent on allowable activities. On June 1, 2021, the City Council approved a Master Funding Agreement with VTA for the 2016 Measure B – Bike and Pedestrian Education and Encouragement Program (Attachment 1). In addition, the City Council approved the creation of Bike and Pedestrian Outreach, CIP No. 4306 (Project) in the Capital Improvement Program. The Project provides for public outreach activities to promote, educate and encourage bicycling and walking in support of the circulation policy goals of the City’s 2040 General Plan and Trail, Pedestrian and Bicycle Master Plan.

ANALYSIS:

The City has received $177,670.96 to date through the Program, which has funded the completion of a community survey related to the City Safe Route to Schools Program and updating the Bike and Pedestrian Map, creation of bike education and encouragement videos, and various community outreach efforts at select City events. The City is eligible to receive approximately $50,000 annually to continue the City’s effort to encourage the use of bicycles and walking for transportation rather than motorized vehicles.

The Agreement is set to expire on June 30, 2025, with both VTA and the City desiring to amend the Master Funding Agreement, extending the term to March 31, 2047, when Measure B sunsets. Staff recommends the City Council approve and authorize the City Manager to execute Amendment No. 1 to the Master Funding Agreement with VTA (Attachment 2). Pursuant to Section I-4-3.01 of the Milpitas Municipal Code, contract

amendments that extend the term of a contract for more than twelve (12) consecutive months past the last Council-approved expiration date must be approved by the City Council.

In addition to the extension of time, the VTA over the past several months has engaged with all of the various cities who receive this funding about programmatic updates and has incorporated those updates into the currently proposed Amended and Restated Master Funding Agreement. Changes include additional reporting and audit requirements, greater discretionary review by VTA for funding requests, changes in the maximum funding allocation methodology used for all recipients, and a requirement to carry insurance. Ultimately this agreement is a condition precedent to continuing to receive this funding.

Staff recommends that the City Council approve and authorize the City Manager to execute the proposed Amended and Restated Master Funding Agreement with VTA (Attachment 2).

POLICY ALTERNATIVE(S):

Alternative: Do not approve Amendment No. 1 to the Master Funding Agreement with VTA.

Pros: None
Cons: The City will be unable to continue its effort to encourage the use of bicycles and walking as transportation modalities without resorting to other funding sources.

Reason for Not Recommending: The City General Plan requires the promotion and encouragement of alternative modes of transportation such as the use of bicycles and walking to support the City’s circulation policy goals. The receipt and use of the Measure B funding to promote these transportation activities supports the General Plan.

FISCAL IMPACT:

The approval of Amendment No. 1 of the Funding Agreement with VTA is required to receive approximately $50,000 in annual 2016 Measure B – Bike and Pedestrian Education and Encouragement Program Funding that will be allocated into the Bike and Pedestrian Outreach, CIP No. 4306.

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. The action is also a fiscal activity of the City government or an action to continue a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

RECOMMENDATION:

Approve and authorize the City Manager to execute an Amended and Restated Master Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for the Bike and Pedestrian Outreach, CIP No. 4306.

ATTACHMENT(S):
(a) Current Master Funding Agreement
(b) Amended and Restated Master Funding Agreement Proposal

DocuSign Envelope ID: 26F8DF72-8836-4122-9C81-BC59820E38D2 Rev 02/2021 Page 1 of 10

FUNDING AGREEMENT

BETWEEN

THE CITY OF MILPITAS
AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR
2016 MEASURE B BICYCLE & PEDESTRIAN EDUCATION AND ENCOURAGEMENT PROGRAM THIS AGREEMENT (“AGREEMENT”) is between the CITY OF MILPITAS, referred to herein as “RECIPIENT”, and the SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, referred to herein as “VTA”. Hereinafter, RECIPIENT and VTA may be individually referred to as “PARTY” or collectively referred to as “PARTIES”.

I. RECITALS

1. Whereas, on June 24, 2016, the VTA Board of Directors adopted a resolution to place a ballot measure before the voters of Santa Clara County in November 2016 to authorize a one-half of one percent retail transaction and use tax (“2016 MEASURE B”) for 30 years for nine transportation-related program categories; and

2. Whereas, on November 8, 2016, the voters of Santa Clara County enacted 2016 MEASURE B for 30 years to pay for the nine transportation-related program categories; and

3. Whereas, on October 5, 2017, the VTA Board of Directors established the 2016 Measure B Program (“PROGRAM”) and adopted the 2016 Measure B Program Category Guidelines; and

4. Whereas, the PROGRAM includes a Bicycle & Pedestrian program category (“BIKE/PED CATEGORY”) to fund bicycle and pedestrian projects and educational programs; and

5. Whereas, the BIKE/PED CATEGORY consists of three sub-categories, including the education & encouragement program (“BIKE/PED E&E PROGRAM”);

6. Whereas, the duration of 2016 MEASURE B will be 30 years from the initial year of collection, beginning April 1, 2017, and continuing through March 31, 2047; and

7. Whereas, VTA and RECIPIENT desire to specify herein the terms and conditions under which the BIKE/PED E&E PROGRAM funds will be administered to RECIPIENT by VTA as directed by the VTA Board of Directors.

NOW, THEREFORE, the PARTIES agree as follows:











 

 


DocuSign Envelope ID: 26F8DF72-8836-4122-9C81-BC59820E38D2 Rev 02/2021 Page 2 of 10
II. AGREEMENT

1. BIKE/PED E&E PROGRAM CATEGORY
The BIKE/PED E&E PROGRAM covers activities and the development and distribution of materials that are designed and intended to satisfy the following goals within the RECIPIENT’S jurisdiction: (i) promote, educate, and/or encourage safe walking or bicycling for residents or visitors of every age and ability; (ii) communicate to residents and visitors the benefits of walking and bicycling; and (iii) communicate to school children, residents, and visitors the rights and responsibilities of pedestrians, bicyclists, and motorists.

2. TERM OF AGREEMENT
The term of this AGREEMENT will commence on July 1, 2021, and continue until (i) June 30, 2023, or (ii) until all BIKE/PED E&E PROGRAM funds allocated to RECIPIENT through June 30, 2023, under this AGREEMENT have been expended entirely, whichever occurs later.

At VTA’s sole option, VTA may extend the term of this AGREEMENT for one 2-year period as follows:

Option Period 1: July 1, 2023, through June 30, 2025, or until all BIKE/PED E&E PROGRAM funds allocated to RECIPIENT through June 30, 2025, under this AGREEMENT have been expended entirely, whichever occurs later.

VTA may exercise these options by providing written notice to RECIPIENT at least 30 days prior to the expiration of the then-current term.

3. ELIGIBLE USE OF FUNDS
RECIPIENT must use RECIPIENT’s allocated BIKE/PED E&E PROGRAM funds for only the following activities/projects (each, an “E&E PROJECT”); provided, however, that RECIPIENT must obtain VTA’s prior written approval for such E&E PROJECT (VTA approval must be given by the person identified below in Section 8(d), or his/her designee):
a. Organization and implementation of K-12 Safe Routes to Schools programs and activities. b. Organization and implementation of Vision Zero programs. “Vision Zero” is defined by the Vision Zero Network Campaign as the “Strategy to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for all”, which definition is adopted herein for purposes of this AGREEMENT.
c. Organization and implementation of open streets events. “Open streets events” are defined by the Open Streets Project (an advocacy project and collaboration between 8 80 Cities and Street Plans) as “Programs that temporarily open streets to people by closing them to cars”, which definition is adopted herein for purposes of this AGREEMENT. d. Creation and implementation of marketing to encourage mode shift towards active transportation.
e. Development and distribution of maps that promote places to walk or bike. f. Education of walking and bicycling skills to adults and children. 










 

 


DocuSign Envelope ID: 26F8DF72-8836-4122-9C81-BC59820E38D2 Rev 02/2021 Page 3 of 10
g. Working with law enforcement officials to ensure common understanding and consistent application among law enforcement officials of traffic laws related to biking and walking. h. Organization and implementation of broad or targeted safety campaigns to promote safe driving, walking, and bicycling behavior.*
i. Creation and distribution of marketing materials to encourage safe walking, biking, and driving.*
j. Purchase and distribution of bicycle helmets, lights, reflective vests, or other bicycle/pedestrian safety equipment to be used in education/encouragement activities. k. Purchase and distribution of incentives for education/encouragement activities. l. Organization and implementation of crosswalk stings or other activities that educate roadway users on traffic laws. Crosswalk stings are activities conducted by law enforcement to educate the public about crosswalk right of way laws that may or may not include citations.
m. Organization and implementation of special community events focused on achieving the BIKE/PED E&E PROGRAM goals described in Section 1. BIKE/PED E&E PROGRAM CATEGORY, such as community rides or walks.
n. Energizer stations and other Bike to Work Day activities. o. Implementation of valet bicycle parking.
p. Community-based bicycle/pedestrian surveys of facilities and surrounding areas to learn, observe, and identify bicycle and pedestrian hot spots. q. Any other program or activity approved by VTA in writing. *Any safety campaign or public service announcement targeted to motorists must focus on safe, responsible, and respectful motorist interactions with pedestrians and bicyclists.

RECIPIENT is permitted to use the BIKE/PED E&E PROGRAM funds allocated hereunder for direct costs and staff time costs incurred by RECIPIENT to support E&E PROJECTS. RECIPIENT is permitted to use the BIKE/PED E&E PROGRAM funds allocated hereunder for the costs incurred for evaluation of the E&E PROJECTS (as required under Section 4. EVALUATION REQUIREMENTS).

Notwithstanding any other provision of this AGREEMENT, RECIPIENT is not permitted to use BIKE/PED E&E PROGRAM funds allocated hereunder for capital improvements.

E&E PROJECTS may be targeted and limited to specific demographics (e.g. school children, seniors, people with disabilities, etc.), to the extent not prohibited by applicable law.

Only BIKE/PED E&E PROGRAM costs incurred by RECIPIENT on or after July 1, 2021, will be eligible for reimbursement.

4. EVALUATION REQUIREMENTS
RECIPIENT must identify (i) the project reach and scale of each E&E PROJECT and (ii) one or more metric(s) that will be measured to evaluate whether the goal is achieved. The frequency and schedule of each E&E PROJECT evaluation must also be identified by RECIPIENT and approved by VTA.

Examples of acceptable metrics are set forth in Attachment A.

5. MAXIMUM FUNDING ALLOCATIONS











 

 


DocuSign Envelope ID: 26F8DF72-8836-4122-9C81-BC59820E38D2 Rev 02/2021 Page 4 of 10
a. RECIPIENT’s maximum funding allocation for each fiscal year, starting July 1, 2017, will be based upon the VTA Board of Directors Adopted Biennial Budget for the BIKE/PED E&E PROGRAM and the annual fund distribution formula described below.
b. The BIKE/PED E&E PROGRAM annual fund distribution formula is calculated every two fiscal years (in line with VTA’s budget cycle; a fiscal year begins July 1 and ends June 30) and is based on the following:
i. First, at the same time that VTA plans and finalizes its budget for the two upcoming fiscal years, the VTA Board of Directors determines the allocation of 2016 MEASURE B funds for the two upcoming fiscal years.
ii. Second, the VTA Board of Directors determines the amount of 2016 MEASURE B funds to be allocated amongst the PROGRAM categories and subcategories, including the BIKE/PED E&E PROGRAM category.
iii. Third, each city’s percentage share (“CITY PERCENTAGE SHARE”) and the County of Santa Clara’s percentage share (“SCC PERCENTAGE SHARE”) of the total population of Santa Clara County, California (including unincorporated areas) (according to the then most current California Department of Finance’s annual population estimates (Report E-1, or any successor report)) (“TOTAL SCC POP”) is calculated by dividing the city’s or County of Santa Clara’s (as applicable) total population by the total population of all of Santa Clara County and multiplying the result by 100.
iv. Fourth, an allocation is made to VTA and the County of Santa Clara for countywide (with respect to Santa Clara County) BIKE/PED E&E PROGRAM activities (“COUNTYWIDE ACTIVITIES”).
v. Fifth, the 2016 MEASURE B funds remaining for the BIKE/PED E&E PROGRAM category allocation are calculated by deducting the amount allocated for COUNTYWIDE ACTIVITIES in (iv) immediately above from the total BIKE/PED E&E PROGRAM category allocation (“REMAINING FUNDS”).
vi. Sixth, each CITY PERCENTAGE SHARE is multiplied by the REMAINING FUNDS to determine the dollar amount that would be allocated to each city based on their CITY PERCENTAGE SHARE; however, no allocation is yet made at this step. Cities that would receive less than $10,000 as a result of the calculation described in this section (vi) will be identified (“LOW POP CITIES”).
vii. Seventh, each city is allocated $10,000 (“10K ALLOCATIONS”). LOW POP CITIES will not be allocated any additional funds beyond the 10K ALLOCATIONS made to each city as described in this section (vii).











 

 


DocuSign Envelope ID: 26F8DF72-8836-4122-9C81-BC59820E38D2 Rev 02/2021 Page 5 of 10
viii. Eighth, the modified REMAINING FUNDS are calculated by subtracting the cumulative total of all 10K ALLOCATIONS from the REMAINING FUNDS (“MOD REMAINING FUNDS”).
ix. Ninth, a modified Santa Clara County population is calculated by deducting the cumulative populations attributed to the County of Santa Clara (unincorporated areas of Santa Clara County) and all LOW POP CITIES from the TOTAL SCC POP (“MODIFIED POPULATION”).
x. Tenth, a modified population percentage share (“MOD CITY PERCENTAGE SHARE”) is calculated for all cities that are not LOW POP CITIES (“NON-LOW POP CITIES”) by dividing the NON-LOW POP CITY’s total population by the MODIFIED POPULATION and multiplying the result by 100.
xi. Eleventh, each NON-LOW POP CITY’s MOD CITY PERCENTAGE SHARE is multiplied by the MOD REMAINING FUNDS to calculate the NON-LOW POP CITY’s additional allocation of 2016 MEASURE B funds for the BIKE/PED E&E PROGRAM category. This allocation will be made in addition to the 10K ALLOCATION described above. c. RECIPIENT’s allocations are subject to change based on variations in annual population and actual 2016 MEASURE B receipts for prior fiscal years.
d. BIKE/PED E&E PROGRAM allocations may remain unspent for a maximum of three fiscal years, provided that (i) RECIPIENT provides VTA with a satisfactory explanation for why the allocation is not being spent and (ii) VTA provides RECIPIENT with written approval for such explanation. At the end of the fourth fiscal year, allocations that were unspent for all four fiscal years will be returned by VTA to the pool of 2016 MEASURE B funds allocated to the BIKE/PED E&E PROGRAM category for redistribution in the next allocation cycle pursuant to the formula above. e. All funds will be available to RECIPIENT on a reimbursement basis only.

6. VTA’s OBLIGATIONS
VTA will:
a. Annually update the BIKE/PED E&E PROGRAM formula to reflect the most current populations based on the California Department of Finance’s annual population estimates (Report E-1, or any successor report). VTA shall use the updated BIKE/PED E&E PROGRAM allocation formula in the allocations beginning July 1 immediately following each VTA budget cycle. b. Annually report to the public the amount of BIKE/PED E&E PROGRAM revenues allocated and distributed to RECIPIENT.
c. Annually report to the public a summary of E&E PROJECT evaluation metrics submitted by RECIPIENT, as required in Section 4. EVALUATION REQUIREMENTS. 










 

 


DocuSign Envelope ID: 26F8DF72-8836-4122-9C81-BC59820E38D2 Rev 02/2021 Page 6 of 10
d. Conduct an assessment regarding the effectiveness of the BIKE/PED E&E PROGRAM using approved metrics and data provided by RECIPIENT (pursuant to Section 4. EVALUATION REQUIREMENTS) related to RECIPIENT’s E&E PROJECT(s).
e. Biennially, or however frequently as VTA determines is appropriate based upon the number of ongoing E&E PROJECTs, report to the public the effectiveness of the BIKE/PED E&E PROGRAM based on the assessment described immediately above in Section 6(d). f. Remit the amount due to the RECIPIENT under an invoice within thirty (30) calendar days of receipt of a complete and proper, fully documented invoice complying with the requirements set forth herein.

7. RECIPIENT’s OBLIGATIONS
RECIPIENT will:
a. Ensure that all 2016 MEASURE B funds are expended on only allowable BIKE/PED E&E PROGRAM expenditures as described above in Section 3. ELIGIBLE USE OF FUNDS. b. Annually complete and submit to VTA, by October 1st of each year, RECIPIENT’s proposed work program for the BIKE/PED E&E PROGRAM, in which RECIPIENT will set forth proposed E&E PROJECTS, and develop all such E&E PROJECTS that are approved by VTA as eligible.

RECIPIENT’s proposed metrics and frequency of E&E PROJECT evaluation must be included with the proposed work program (see Section 4. EVALUATION REQUIREMENTS); VTA must provide approval of these proposed metrics and the frequency of evaluation. c. Annually submit to VTA, by October 1st of each year, a summary of the prior fiscal year’s completed E&E PROJECTS.
d. Submit to VTA, on a frequency as approved by VTA, the evaluation of the completed E&E PROJECT pursuant to Section 4. EVALUATION REQUIREMENTS. e. If applicable, annually submit to VTA, by October 1st of each year, an explanation of why no BIKE/PED E&E PROGRAM funds are planned for expenditure during the upcoming fiscal year. f. Annually complete and submit to VTA, by October 1st of each year, any accompanying reporting requirements for the BIKE/PED E&E PROGRAM.
g. Submit to VTA all records including contractors’ invoices, miscellaneous invoices, and force account charges as substantiation for invoices submitted to VTA for reimbursement hereunder.
h. Maintain financial records, books, documents, papers, accounting records, and other evidence pertaining to costs related to this AGREEMENT for five (5) years. RECIPIENT shall make such records available to VTA upon VTA’s written request for review and audit purposes. Financial audits will be performed at VTA’s sole discretion. 










 

 


DocuSign Envelope ID: 26F8DF72-8836-4122-9C81-BC59820E38D2 Rev 02/2021 Page 7 of 10
i. Submit invoices to VTA, no more frequently than monthly, for reimbursement of eligible E&E PROJECT costs (see Section 3. ELIGIBLE USE OF FUNDS). RECIPIENT must submit invoices within one year of the date RECIPIENT incurs the cost submitted on the invoice for reimbursement (unless otherwise approved by VTA in writing).

8. GENERAL TERMS AND CONDITIONS
a. Indemnity. Neither VTA nor any officer or employee thereof will be responsible for any damage or liability arising out of or relating to RECIPIENT’s acts or omissions under or in connection with any work, authority, or jurisdiction associated with this AGREEMENT.

RECIPIENT shall fully defend, indemnify, and save harmless VTA from any liability imposed for injury (as defined by California Government Code §810.8) arising out of or relating to RECIPIENT’s acts or omissions under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT. This provision will survive the termination or expiration of this AGREEMENT.
b. Amendment. No alteration or variation of the terms of this AGREEMENT will be valid unless made in writing and signed by both of the PARTIES hereto, and no oral understanding or agreement not incorporated herein will be binding on any of the PARTIES hereto. c. Entire Agreement. This AGREEMENT contains the entire understanding between VTA and RECIPIENT relating to the subject matter hereof. This AGREEMENT supersedes any and all other agreements which may have existed between the PARTIES, whether oral or written, relating to the subject matter hereof. This AGREEMENT is binding upon each PARTY, their legal representatives, and successors for the duration of the AGREEMENT. d. Notices. Any notice which may be required under this AGREEMENT must be in writing, will be effective when received, and must be given by personal service or certified mail to the individuals at the addresses set forth below, or to such other address which may be specified in writing by the PARTIES hereto.

VTA:

Marcella Rensi
Deputy Director, Grants & Allocations
Santa Clara Valley Transportation Authority
3331 N First Street
San Jose, CA 95134
Email: [email protected]
RECIPIENT:

Charmaine Zamora
Public Information Officer
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, CA 95035
Email: [email protected]











 

 


DocuSign Envelope ID: 26F8DF72-8836-4122-9C81-BC59820E38D2 Rev 02/2021 Page 8 of 10
Written notification to the other PARTY must be provided, in advance, for changes in the name or address of the individuals identified above.

The individual identified above for RECIPIENT is RECIPIENT’s BIKE/PED E&E PROGRAM liaison (“LIAISON”). The LIAISON will be (i) the liaison to VTA pertaining to implementation of this AGREEMENT and (ii) the contact for information about the BIKE/PED E&E PROGRAM and E&E PROJECTS.
e. Representation of Authority. Each PARTY to this AGREEMENT represents and warrants that each person whose signature appears hereon has been duly authorized and has the full authority to execute this AGREEMENT on behalf of the entity that is a party to this AGREEMENT.
f. No Waiver. The failure of either PARTY to insist upon the strict performance of any of the terms, covenants and conditions of this AGREEMENT will not be deemed a waiver of any right or remedy that either PARTY may have, and will not be deemed a waiver of either PARTY’s right to require strict performance of all of the terms, covenants, and conditions hereunder. g. Dispute Resolution. If a question or allegation arises regarding (i) interpretation of this AGREEMENT or its performance, or (ii) the alleged failure of a PARTY to perform, the PARTY raising the question or making the allegation shall give written notice thereof to the other PARTY. The PARTIES shall promptly meet in an effort to resolve the issues raised. If the PARTIES fail to resolve the issues raised, alternative forms of dispute resolution, including mediation, may be pursued by mutual agreement. It is the intent of the PARTIES to the greatest extent possible to avoid litigation as a method of dispute resolution. h. Severability. If any of the provisions of this AGREEMENT (or portions or applications thereof) are held to be unenforceable or invalid by any court of competent jurisdiction, VTA and RECIPIENT shall negotiate an equitable adjustment in the provisions this AGREEMENT with a view toward effecting the purpose of this AGREEMENT, and the validity and enforceability of the remaining provisions or portions or applications thereof will not be affected thereby. i. Governing Law. The laws of the State of California will govern this AGREEMENT, as well as any claim that might arise between RECIPIENT and VTA, without regard to conflict of law provisions.
j. Venue. Any lawsuit or legal action arising from this AGREEMENT must be commenced and prosecuted in the courts of Santa Clara County, California. RECIPIENT agrees to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.

Signatures of PARTIES on following page.











 

 


DocuSign Envelope ID: 26F8DF72-8836-4122-9C81-BC59820E38D2 Rev 02/2021 Page 9 of 10
IN WITNESS WHEREOF, VTA and RECIPIENT have executed this AGREEMENT as of the last date set forth below.

Santa Clara Valley CITY OF MILPITAS
Transportation Authority
Evelynn Tran Steven McHarris
General Counsel and Interim GM/CEO City Manager
Jun-21-2021
Date Date
Approved as to Form Approved as to Form
Victor Pappalardo
Senior Assistant Counsel
Christopher Diaz
City Attorney











 

 





DocuSign Envelope ID: 26F8DF72-8836-4122-9C81-BC59820E38D2 Rev 02/2021 Page 10 of 10

ATTACHMENT A
Example Evaluation Requirement Metrics
x Project reach
o Hypothetical Example: Online media safety campaign had 10,000 unique views, resulting in 2,000 people taking the “I will drive, walk, and bike safely and responsibly” pledge. x Mode shift
o Hypothetical Example: At the end of the school year, 200 bicycles were counted in the bike cage, an increase of 20% over the number of bicycles counted at the beginning of the year.
x Behavior change
o Hypothetical Example: Individualized marketing packets were provided to 1,200 households. 200 households requested additional information. Before and after surveys showed that 5% of households that requested additional information switched to biking, walking, or taking transit more.
x Safety improvements
o Hypothetical Example: After the crosswalk sting, motorists were observed yielding to pedestrians 8 out of 10 times, an increase of 10% over the yielding rate before the crosswalk sting. However, these rates decreased over time, suggesting that continued events or infrastructure changes are needed to permanently improve driver behavior. x Community Engagement
o Hypothetical Example: At the end of five Train the Trainer events, of the 25 trainees, ten agree to lead Safe Routes to School activities at their schools. 










 

 


Rev 1.17.25 Page 1 of 19

AMENDED AND RESTATED FUNDING AGREEMENT

BETWEEN

CITY OF MILPITAS
AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR
2016 MEASURE B BICYCLE & PEDESTRIAN EDUCATION AND ENCOURAGEMENT PROGRAM THIS AMENDED AND RESTATED FUNDING AGREEMENT (“AGREEMENT”) is entered into as of the last date of signature below (“EFFECTIVE DATE”) and is by and between the CITY OF MILPITAS (“RECIPIENT”) and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (“VTA”). RECIPIENT and VTA may be individually referred to as “PARTY” or collectively referred to as “PARTIES.” I. RECITALS

1. Whereas, on June 24, 2016, the VTA Board of Directors (“VTA BOARD”) adopted a resolution to place a ballot measure before the voters of Santa Clara County (“SCC”) in November 2016 to authorize a one-half of one percent retail transaction and use tax (“2016 MEASURE B”) for 30 years for nine transportation-related program categories;

2. Whereas, on November 8, 2016, the voters of Santa Clara County enacted 2016 MEASURE B for 30 years to pay for the nine transportation-related program categories;

3. Whereas, on October 5, 2017, the VTA BOARD established the 2016 Measure B Program (“PROGRAM”) and adopted the 2016 Measure B Program Category Guidelines (“GUIDELINES”). In addition, VTA established a program manual (“PROGRAM MANUAL”). Both the GUIDELINES and the PROGRAM MANUAL are incorporated into this Agreement by this reference and available at www.vta.org or upon request to VTA;

4. Whereas, the PROGRAM includes a Bicycle & Pedestrian program category (“BIKE/PED CATEGORY”) to fund bicycle and pedestrian projects and educational programs;

5. Whereas, the BIKE/PED CATEGORY consists of three sub-categories, including the education & encouragement program (“BIKE/PED E&E PROGRAM”);

6. Whereas, the duration of 2016 MEASURE B will be 30 years from the initial year of collection, beginning April 1, 2017, and continuing through March 31, 2047;

7. Whereas, the PARTIES executed a funding agreement for the BIKE/PED E&E PROGRAM funds on June 19, 2021 which expires on June 30, 2025 (“PRIOR AGREEMENT”); and

8. Whereas, the PARTIES desire to amend and restate the PRIOR AGREEMENT to, among other things, specify the terms and conditions under which VTA will administer BIKE/PED E&E PROGRAM funds allocated to VTA and RECIPIENT through the life of the PROGRAM.

NOW, THEREFORE, in consideration of the mutual promises contained in this AGREEMENT, the PARTIES agree as follows:

Rev 1.17.25 Page 2 of 19
II. AGREEMENT

1. BIKE/PED E&E PROGRAM DEFINITION
The BIKE/PED E&E PROGRAM covers activities and the development and distribution of materials that are designed and intended to satisfy the following goals within RECIPIENT’s jurisdiction: (i) promote, educate, and/or encourage safe walking or bicycling for residents or visitors of every age and ability; (ii) communicate to residents and visitors the benefits of walking and bicycling; and (iii) communicate to school children, residents, and visitors the rights and responsibilities of pedestrians, bicyclists, and motorists.

2. TERM OF AGREEMENT
The term of this AGREEMENT will commence on the EFFECTIVE DATE and continue through March 31, 2047, or until BIKE/PED E&E PROGRAM CATEGORY funds allocated to RECIPIENT have been expended entirely, whichever occurs later.

Notwithstanding the foregoing, the PARTIES may terminate this AGREEMENT pursuant to Section II, Paragraph 13.

3. ELIGIBLE USE OF FUNDS
A. RECIPIENT may use RECIPIENT’s allocated BIKE/PED E&E PROGRAM funds only for activities/projects that (i) are offered/available to individuals who live, work, or attend school in RECIPIENT’S boundaries or school districts, and (ii) VTA has pre-approved in writing (each, an “E&E PROJECT”). Only VTA’s AUTHORIZED REPRESENTATIVE (defined in Section II, Paragraph 15 below), or designee, has authority to approve an E&E PROJECT.

B. VTA will consider for approval the following types of activities / projects:
i. Organization and implementation of K-12 Safe Routes to Schools programs and activities. ii. Organization and implementation of Vision Zero programs. “Vision Zero” is defined by the Vision Zero Network campaign as the “Strategy to eliminate all traffic fatalities and severe injuries while increasing safe, healthy, equitable mobility for all,” which definition is adopted for purposes of this AGREEMENT.
iii. Organization and implementation of open streets events. “Open streets events” are defined by the Open Streets Project (an advocacy project and collaboration between 8 80 Cities and Street Plans) as “Programs that temporarily open streets to people by closing them to cars,” which definition is adopted for purposes of this AGREEMENT. iv. Creation and implementation of marketing to encourage mode shift towards active transportation.
v. Development and distribution of maps that promote places to walk or bike. vi. Education of walking and bicycling skills to adults and children. vii. Working with law enforcement officials to ensure common understanding and consistent application among law enforcement officials of traffic laws related to biking and walking. viii. Organization and implementation of broad or targeted safety campaigns to promote safe driving, walking, and bicycling behavior.*

Rev 1.17.25 Page 3 of 19
ix. Creation and distribution of marketing materials to encourage safe walking, biking, and driving.*
x. Purchase and distribution of bicycle helmets, lights, reflective vests, or other bicycle/pedestrian safety equipment to be used in education/encouragement activities. xi. Purchase and distribution of incentives for education/encouragement activities. xii. Organization and implementation of crosswalk stings or other activities that educate roadway users on traffic laws. Crosswalk stings are activities conducted by law enforcement to educate the public about crosswalk right of way laws that may or may not include citations.
xiii. Organization and implementation of special community events focused on achieving the BIKE/PED E&E PROGRAM goals described in Section II, Paragraph 1, such as community rides or walks.
xiv. Energizer stations and other Bike to Wherever Day activities. xv. Implementation of valet bicycle parking.
xvi. Community-based bicycle/pedestrian surveys of facilities and surrounding areas to learn, observe, and identify bicycle and pedestrian hot spots. xvii. Any other program or activity VTA pre-approves in writing. *Any safety campaign or public service announcement targeted to motorists must focus on safe, responsible, and respectful motorist interactions with pedestrians and bicyclists.

C. RECIPIENT is permitted to use BIKE/PED E&E PROGRAM funds allocated for (i) direct costs and staff time costs incurred by RECIPIENT to support E&E PROJECTS, and (ii) costs incurred for evaluation of the E&E PROJECTS (as required under Section II, Paragraph 4).

D. Notwithstanding any other provision of this AGREEMENT, RECIPIENT is not permitted to use BIKE/PED E&E PROGRAM funds for capital improvements.

E. E&E PROJECTS may be targeted and limited to specific demographics including, but not limited to, school children, seniors, or people with disabilities to the extent not prohibited by applicable law.

F. Only BIKE/PED E&E PROGRAM costs incurred by RECIPIENT on or after July 1, 2017, will be eligible for reimbursement.

4. EVALUATION REQUIREMENTS
A. RECIPIENT must identify (i) the project reach and scale of each E&E PROJECT and (ii) one or more metric(s) that will be used to evaluate whether the goal was achieved. Examples of acceptable metrics are set forth in Attachment A, attached hereto and incorporated herein.

B. RECIPIENT must identify and obtain VTA’s prior written approval of the frequency and schedule of each E&E PROJECT evaluation.

5. MAXIUMUM FUNDING ALLOCATIONS

Rev 1.17.25 Page 4 of 19
A. RECIPIENT’S maximum funding allocation for each fiscal year (July 1st through June 30th of the following calendar year) will be based upon the VTA BOARD’s Adopted Biennial Budget for the BIKE/PED E&E PROGRAM and the annual fund distribution formula described below.

B. Annual Fund Distribution Formula. The BIKE/PED E&E PROGRAM annual fund distribution formula is calculated every two fiscal years (in line with VTA’s budget cycle) and is based on the following:
i. First, at the same time that VTA plans and finalizes its budget for the two upcoming fiscal years, the VTA BOARD determines the allocation of 2016 MEASURE B funds for the two upcoming fiscal years.
ii. Second, the VTA BOARD determines the amount of 2016 MEASURE B funds to be allocated amongst the PROGRAM categories and subcategories, including the BIKE/PED E&E PROGRAM CATEGORY.
iii. Third, an allocation is made to VTA and the County of Santa Clara for countywide (with respect to Santa Clara County) BIKE/PED E&E PROGRAM activities (“COUNTYWIDE ACTIVITIES”). Per the GUIDELINES, COUNTYWIDE ACTIVITIES will receive 25% of available BIKE/PED E&E POGRAM funds.
iv. Fourth, the 2016 Measure B funds remaining for the BIKE/PED E&E PROGRAM category allocation are calculated by deducting the amount allocated for COUNTYWIDE ACTIVITIES in subparagraph (iii), immediately above, from the total BIKE/PED E&E PROGRAM category allocation (“REMAINING FUNDS”).
v. Fifth, VTA determines the percentage of the total population of SCC (“TOTAL SCC POP”) of each city (“CITY POP”) and of the unincorporated areas of SCC (“SCC UNINCORP POP”) to determine allocations to each city. For purposes of these calculations, the TOTAL SCC POP includes unincorporated areas and is based on the then most current California Department of Finance’s more current annual population estimates at the time of allocation determination, i.e., Report E-1, or any successor report. Each CITY POP is divided by the TOTAL SCC POP, and then the result is multiplied by 100. The result for each city is the “CITY PERCENTAGE SHARE” (for SCC, the ”SCC PERCENTAGE SHARE”). vi. SIXTH, each CITY PERCENTAGE SHARE (including the SCC PERCENTAGE SHARE) is multiplied by the REMAINING FUNDS to determine the dollar amount that would be allocated to each city based on their CITY PERCENTAGE SHARE; however, no allocation is yet made at this step. Cities that would receive less than $10,000 as a result of the calculation described in Subsection (v) will be identified as low population cities (“LOW POP CITIES”). vii. Seventh, each city is allocated $10,000 (“10K ALLOCATIONS”). LOW POP CITIES will not be allocated any additional funds beyond the 10K ALLOCATIONS made to each city as described in this Subsection (vii). The minimum 10k ALLOCATIONS will continue through fiscal year 2025. Following fiscal year 2025, the minimum allocated to LOW POP CITIES will increase by $2,000 every five years. See the “LOW POP CITES ALLOCATION SCHEDULE” included in this AGREEMENT as Attachment B, attached hereto and incorporated herein.

Rev 1.17.25 Page 5 of 19
viii. Eighth, the modified REMAINING FUNDS are calculated by subtracting the cumulative total of allocations made to LOW POP CITIES from the REMAINING FUNDS (“MOD REMAINING FUNDS”).
ix. Ninth, a modified Santa Clara County population is calculated by deducting the SCC UNINCORP POP and all LOW POP CITIES from the TOTAL SCC POP (“MODIFIED POPULATION”).
x. Tenth, a modified population percentage share (“MOD CITY PERCENTAGE SHARE”) is calculated for all cities that are not LOW POP CITIES (“NON-LOW POP CITIES”) by dividing the NON-LOW POP CITY’S total population by the MODIFIED POPULATION and multiplying the result by 100.
xi. Eleventh, each NON-LOW POP CITY’S MOD CITY PERCENTAGE SHARE is multiplied by the MOD REMAINING FUNDS to calculate each NON-LOW POP CITY’s additional allocation of 2016 Measure B funds for the BIKE/PED E&E PROGRAM category. This allocation will be made in addition to the 10K ALLOCATION described above.

C. RECIPIENT’s allocations are subject to change based on allocations made by the VTA BOARD pursuant to the PROGRAM.

D. BIKE/PED E&E PROGRAM allocations may be banked and remain unspent for a maximum of three fiscal years, provided that (i) RECIPIENT provides VTA with a satisfactory explanation for why the allocation is not being spent and (ii) VTA provides RECIPIENT with written approval for such explanation. In this instance, RECIPIENT must begin drawing funds during the fourth fiscal year.

Following the third fiscal year of banked allocations and within the fourth fiscal year, RECIPIENT must provide to VTA the required documentation as described in Section II, Paragraph 7. In this fourth fiscal year, RECIPIENT must submit, at minimum, one invoice for funds towards an E&E PROJECT.

If RECIPIENT fails to do the above by the end of the fourth fiscal year and no funds have been spent in the past four consecutive fiscal years, then allocations will be returned by VTA to the pool of 2016 MEASURE B funds allocated to the BIKE/PED E&E PROGRAM category for redistribution in the next allocation cycle pursuant to the formula above.

E. All funds will be available to RECIPIENT on a reimbursement basis only.

6. VTA’s OBLIGATIONS

Rev 1.17.25 Page 6 of 19
VTA will:

A. Annually report to the public the amount of BIKE/PED E&E PROGRAM revenues allocated and distributed to RECIPIENT.

B. Annually report to the public a summary of E&E PROJECT evaluation metrics submitted by RECIPIENT, as required in Section II, Paragraph 4.

C. Conduct an assessment regarding the effectiveness of the BIKE/PED E&E PROGRAM using approved metrics and data provided by RECIPIENT (pursuant to Section II, Paragraph 4) related to RECIPIENT’s E&E PROJECT(s).

D. Biennially, or however frequently as VTA determines is appropriate based upon the number of ongoing E&E PROJECTs, report to the public the effectiveness of the BIKE/PED E&E PROGRAM based on the assessment described immediately above in Section II, Paragraph 6(C).

E. Remit the amount due to the RECIPIENT under an invoice within thirty (30) calendar days of receipt of a complete and proper, fully documented invoice complying with the requirements set forth herein.

7. RECIPIENT’s OBLIGATIONS
RECIPIENT must:

A. Comply with 2016 Measure B reporting requirements.

B. Ensure that all 2016 MEASURE B funds are expended on allowable BIKE/PED E&E PROGRAM expenditures as described above in Section II, Paragraph 3, ELIGIBLE USE OF FUNDS.

C. Annually complete and submit to VTA, by October 1st of each year, RECIPIENT’s proposed work program for the BIKE/PED E&E PROGRAM, in which RECIPIENT must set forth proposed E&E PROJECTS and develop all such E&E PROJECTS that are approved by VTA as eligible. RECIPIENT’s proposed metrics and frequency of E&E PROJECT evaluation must be included with the proposed work program (see Section II, Paragraph 4); VTA must provide approval of the proposed metrics and frequency of evaluation.

D. Annually submit to VTA, by October 1st of each year, a summary of the prior fiscal year’s completed E&E PROJECTS.

E. Submit to VTA, on a frequency as approved by VTA, the evaluation of the completed E&E PROJECTS pursuant to Section II, Paragraph 4.

F. If applicable, annually submit to VTA, by October 1st of each year, an explanation of why no BIKE/PED E&E PROGRAM funds are planned for expenditure during the upcoming fiscal year.

G. Annually complete and submit to VTA, by October 1st of each year, any accompanying reporting requirements for the BIKE/PED E&E PROGRAM.

Rev 1.17.25 Page 7 of 19
H. Submit to VTA all records including contractors’ invoices, miscellaneous invoices, and force account charges as substantiation for invoices submitted to VTA for reimbursement hereunder.

I. Maintain financial records, books, documents, papers, accounting records, and other evidence pertaining to costs related to this AGREEMENT for five (5) years. RECIPIENT shall make such records available to VTA upon VTA’s written request for review and audit purposes. Financial audits will be performed at VTA’s sole discretion.

J. Submit invoices to VTA, no more frequently than monthly, for reimbursement of eligible E&E PROJECT costs (see Section II, Paragraph 3) RECIPIENT must submit invoices within one year of the date RECIPIENT incurs the cost submitted on the invoice for reimbursement (unless otherwise approved by VTA in writing).

K. At all times during this AGREEMENT, RECIPIENT must comply with the insurance requirements and specifications of the attached Attachment C, Insurance Requirements. RECIPIENT may, in its discretion, elect to self-insure, but any such self-insurance must meet the requirements and specifications in Attachment C.

8. INDEMNIFICATION
Neither VTA nor any officer or employee thereof will be responsible for any damage or liability arising out of or relating to RECIPEINT’s negligent acts or omissions, recklessness, or willful misconduct under or in connection with any work, authority, or jurisdiction associated with this AGREEMENT. Pursuant to California Government Code §895.4, RECIPIENT must fully defend, indemnify, and hold harmless VTA from all suits or actions of every name, kind, and description arising from an injury (as defined by California Government Code §810.8) arising out of or relating to RECIPEINT’s negligent acts or omissions, recklessness, or willful misconduct under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT. This provision will survive the termination or expiration of this AGREEMENT.

9. INSURANCE
At all times during this Agreement, RECIPIENT must comply with the insurance requirements and specifications of Attachment C, Insurance Requirements, attached hereto and incorporated herein.

RECIPIENT may, in its discretion, elect to self-insure, but any such self-insurance must meet the requirements and specifications in Attachment C.

10. ADDITIONAL INSURED AND INDEMNITY PROVISION
In any agreement executed between the RECIPIENT and a third party for purposes related in any way to the subject matter of this Agreement (“Third Party Contract”), RECIPIENT must require that VTA be named as (i) an additional insured on a primary and non-contributory basis with separation of insureds and waiver of subrogation on all policies of insurance, except when not applicable and (ii) an indemnified party in any indemnity provision contained in the Third Party Contract. Third Party Contracts must contain insurance requirements with coverages at least as broad as, and limits at least as great as, the requirements of Attachment C.

11. COMPLIANCE WITH APPLICABLE LAW

Rev 1.17.25 Page 8 of 19
In execution of any E&E PROJECT and performance of its responsibilities set forth herein, RECIPIENT must comply with all applicable requirements of local, state, and federal law.

12. COMPLIANCE WITH 2016 MEASURE B REQUIREMENTS
A. In its performance under this AGREEMENT, RECIPIENT must comply, and must ensure E&E PROJECT compliance, with all PROGRAM requirements including, but not limited to, the GUIDELINES and PROGRAM MANUAL.

B. VTA may, in its sole discretion, make changes to the GUIDELINES and/or the PROGRAM MANUAL at any time. If VTA makes such changes, VTA will notify RECIPIENT within a reasonable time of such changes.

13. TERMINATION
A. Either PARTY may at any time terminate this Agreement by giving ten (10) business days written notice of such termination to the other PARTY. Notice must identify the effective date of such cancellation and must be provided in accordance with the terms and conditions of this AGREEMENT.

B. In the event of termination under this section, City must submit its final invoice to VTA within thirty (30) calendar days of the effective date of termination, and such invoice will be solely for ELIGIBLE COSTS RECIPIENT incurred prior to termination.

14. AUDITS AND RECORDS
A. RECIPIENT must maintain, and must require their contractors to maintain, in accordance with generally accepted accounting principles and practices, complete books, accounts, records, and data pertaining to services performed under this AGREEMENT, including the costs of contract administration. Such documentation must be supported by properly executed payrolls, invoices, contracts, and vouchers evidencing in detail the nature and propriety of any charges and must be sufficient to allow a proper audit of services. All checks, payrolls, invoices, contracts, and other accounting documents pertaining in whole or in part to the services must be clearly identified and readily accessible.

B. For the duration of the AGREEMENT, and for a period of five years after final payment, each PARTY and its representatives must have access during normal business hours to any books, accounts, records, data, and other relevant documents (“RECORDS”) of the other PARTY that are pertinent to this AGREEMENT for audits, examinations, excerpts, and transactions. The other PARTY must furnish copies of the RECORDS upon request.

15. NOTICES / AUTHORIZED REPRESENTATIVES
A. Notices. Any notice which may be required under this AGREEMENT (i) must be in writing, (ii) will be effective one (1) business day after personal service or delivery by certified mail, and (iii) must be given by personal service or certified mail the other PARTY’S AUTHORIZED REPRESENTATIVE at

Rev 1.17.25 Page 9 of 19
the addresses set forth below, or to such other address that may be specified in writing by a PARTY.

B. Authorized Representatives.

VTA:

Marcella Rensi
Deputy Director, Programming and Grants
Santa Clara Valley Transportation Authority
3331 N First Street
San Jose, CA 95134
Email: [email protected]
RECIPIENT: Christian Di Renzo
Public Works Director
City of Milpitas
1265 N. Milpitas Blvd
Milpitas, CA 95035
[email protected]
Written notification to the other PARTY must be provided, in advance, for changes in the name or address of the individuals identified above.

The individual identified above for RECIPIENT is RECIPIENT’s BIKE/PED E&E PROGRAM Liaison (“LIAISON”). The LIAISON shall be (i) the liaison to VTA pertaining to implementation of this AGREEMENT and (ii) the contact for information about the BIKE/PED E&E PROGRAM and E&E PROJECTS.

16. GENERAL TERMS AND CONDITIONS
A. Headings. The subject headings of the articles and paragraphs in this AGREEMENT are included for convenience only and will not affect the construction or interpretation of any of its provisions.

B. Incorporation of Exhibits and Attachments. All exhibits and attachments referenced in this AGREEMENT are incorporated into it by this reference.

C. Construction and Interpretation of Agreement. This AGREEMENT, and each of its provisions, terms, and conditions, has been reached as a result of negotiations between the PARTIES.

Accordingly, each PARTY expressly acknowledges and agrees that (i) this AGREEMENT will not be deemed to have been authored, prepared, or drafted by any particular PARTY and (ii) the rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this AGREEMENT or in the resolution of disputes.

D. Amendment. No alteration or variation of the terms of this AGREEMENT will be valid unless made in writing and signed by both of the PARTIES hereto, and no oral understanding or AGREEMENT not incorporated herein will be binding on any of the PARTIES hereto.

Rev 1.17.25 Page 10 of 19
E. Entire Agreement. This AGREEMENT constitutes the entire agreement between the PARTIES relating to the subject matter and supersedes all prior negotiations, contracts, agreements, or understandings, whether oral or written, of the PARTIES regarding the subject matter.

F. Representation of Authority. Each PARTY to this AGREEMENT represents and warrants that each person whose signature appears hereon has been duly authorized and has the full authority to execute this AGREEMENT on behalf of the entity that is a PARTY to this AGREEMENT.

G. No Waiver. The failure of either PARTY to insist upon the strict performance of any of the terms, covenant, and conditions of this AGREEMENT will not be deemed a waiver of any right or remedy that either PARTY may have, and will not be deemed a waiver of either PARTY’s right to require strict performance of all of the terms, covenants, and conditions hereunder.

H. Dispute Resolution.
a. If a question or allegation arises regarding (i) interpretation of this AGREEMENT or its performance, or (ii) the alleged failure of a PARTY to perform, the PARTY raising the question or making the allegation must give written notice thereof to the other PARTY. The PARTIES must promptly meet in an effort to resolve the issues raised. If the PARTIES fail to resolve the issues raised, alternative forms of dispute resolution, including mediation, may be pursued by mutual agreement. It is the intent of the PARTIES to avoid litigation as a method of dispute resolution to the greatest extent possible.
b. Notwithstanding the foregoing, nothing in this Paragraph 16 will be deemed to prevent a PARTY from filing suit or an administrative action to preserve its right to assert a claim within any applicable statute of limitations. To the extent practicable, the PARTIES will negotiate in good faith to create a tolling agreement to toll such statute(s) of limitations to allow for the PARTIES to engage in dispute resolution provisions of this AGREEMENT prior to filing of such actions.

I. Severability. If any term, covenant, condition or provision of this AGREEMENT, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions and provisions of this AGREEMENT, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

J. Governing Law. The laws of the State of California will govern this AGREEMENT, as well as any claim that might arise between RECIPIENT and VTA, without regard to conflict of law provisions.

K. Venue. Any lawsuit or legal action arising from this AGREEMENT must be commenced and prosecuted in the courts of Santa Clara County, California. RECIPIENT agrees to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.

L. Use of Work. All PARTIES may retain a copy of all material produced under this AGREEMENT for use in their general activities.

M. Attribution to VTA. RECIPIENT must include attribution to VTA that indicates part of the work was funded by PROGRAM Funds. This provision applies to any project or publication that was funded

Rev 1.17.25 Page 11 of 19
in part or in whole by PROGRAM Funds. Acceptable forms of attribution include 2016 MEASURE B’s branding on E&E PROJECT-related documents, public information materials, and any other applicable documents. VTA will provide Program branding to RECIPIENT.

N. Non-discrimination. The PARTIES and any contractors performing services on behalf of the PARTIES (“CONTRACTORS”) will not unlawfully discriminate or permit discrimination, harass, or allow harassment against any person or group of persons because of race, color, religious creed, national origin, ancestry, age (over 40), sex, gender, gender identity, gender expression, sexual orientation, marital status, pregnancy or childbirth (including related conditions), medical condition (including cancer), mental disability, physical disability (including HIV and AIDS), genetic information, or military and veteran’s status, or in any manner prohibited by federal, state, or local laws. In addition, the PARTIES and CONTRACTORS must not unlawfully deny any of their employees family care leave to which they are entitled or discriminate against such employees on the basis of having to use family care leave. The PARTIES and CONTRACTORS must ensure that the evaluation and treatment of their employees and applicants for employment is free of such discrimination and harassment.

O. Relationship of the Parties. It is understood that this is an AGREEMENT by and between independent parties and does not create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship other than that of independent contractor.

P. Execution in Counterparts / Electronic Signature. This AGREEMENT may be executed in one or more counterparts, each of which will be deemed an original but all of which will constitute one and the same instrument. An electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature.

The term “electronic copy of a signed contract” refers to a copy of an original signed contract that meets the admissibility standards of a writing described in Evidence Code §1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by each of the Parties.

Q. Authority to Execute Agreement. Each PARTY to this AGREEMENT represents and warrants that each person whose signature appears hereon has been duly authorized and has the full authority to execute this AGREEMENT on behalf of the entity that is a PARTY to this AGREEMENT.

R. Third Party Beneficiaries. This AGREEMENT does not, and is not intended to, confer any rights or remedies upon any person or entity other than the PARTIES.

S. Survival. All representations, warranties, and covenants contained in this AGREEMENT, or in any instrument, certificate, exhibit, or other writing intended by the PARTIES to survive this AGREEMENT, shall survive the termination or expiration of this AGREEMENT, including but not limited to all terms (1) providing for indemnification; (2) relating to the California Public Records Act; (3) relating to maintenance of data; and (4) relating to PARTIES’ obligations upon and following termination or expiration of this AGREEMENT.

Signatures of PARTIES on following page.