November 4, 2025 Milpitas City Council Agenda Page 1
SPECIAL JOINT MEETING OF THE MILPITAS
CITY COUNCIL AND HOUSING AUTHORITY
AGENDA
TUESDAY, NOVEMBER 4, 2025
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 5:00 PM (CLOSED SESSION & PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
* To access written translation during the meeting, scan the QR Code.
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
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YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person, unless the City Council approves remote public comment. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected]
The meeting will be streamed via Zoom for viewing purposes only unless the City Council approves remote public comment. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_oJEZDrDnTx-X5qKUvsz26w NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
MILPITAS CITY COUNCIL CODE OF CONDUCT
• Be respectful and courteous (words, tone, and body language). • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Use electronic devices appropriately while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.
November 4, 2025 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (5:30 PM)
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Rick Bolanos, Liebert Cassidy Whitmore Employee Organization(s): Professional and Technical Employees, Mid-Management and Confidential Employees, Milpitas Employees Association, Unrepresented Employees (b) PUBLIC EMPLOYEE APPOINTMENT AND HIRING
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Attorney
CLOSED SESSION ANNOUNCEMENT:
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.
PLEDGE OF ALLEGIANCE
INVOCATION (Vice Mayor Barbadillo)
PRESENTATIONS
● Nurse Practitioner Week (Proclamation)
PUBLIC FORUM
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.
As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Recommendation: Receive City Council Calendar of Meetings for November 2025.
C2. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
November 4, 2025 Milpitas City Council Agenda Page 3
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
C3. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.
C4. Accept the Commission and Committee Annual Report and Approve Work Plans for FY 2025-26 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Recommendation: Accept the Annual Report and approve proposed FY 2025-26 Work Plans for the (a) Community Housing Commission, (b) Economic Development and Trade Commission, (c) Energy and Environmental Sustainability Commission, (d) Planning Commission, (e) Public Safety and Emergency Preparedness Commission, and (f) Youth Advisory Commission.
C5. Authorize the Executive Director of the Milpitas Housing Authority, or Designee to Take All Necessary Actions, Including Negotiating with the Necessary Parties, to Retain the Below Market Rate Unit at 173 Parc Place Drive (Staff Contact: Matt Cano, Assistant City Manager, 408- 586-3012)
Recommendation: Authorize the Executive Director of the Milpitas Housing Authority, or designee, to take all necessary actions to retain the below market unit at 173 Parc Place Drive.
C6. Approve and Authorize the City Manager to Execute an Amendment to the Agreement with Liebert Cassidy Whitmore to Provide Essential Labor Relations and Other Services (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086) Recommendation: Approve and authorize the City Manager, or designee, to execute Amendment No. 4 to the Professional Services Agreement with Liebert Cassidy Whitmore to provide essential labor relations and other services for an additional amount of $100,000 for a total amount not-to-exceed $600,000, subject to the annual appropriation of funds, and to extend the term of the Agreement to June 30, 2027.
C7. Adopt a Resolution to Approve Project Plans and Specifications, Authorize Advertisement for Bid Proposals, and Approve Budget Appropriation for Calaveras Median Conversion Project (Staff: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: Adopt a resolution to (1) Approve the project plans and specifications; (2) Authorize advertisement for bid proposals; and (3) Approve a budget appropriation in the amount of $360,000 from the General Government CIP Fund in Park & Street Landscape Irrigation, CIP No. 3449 Improvements and Annual Tree Replacement, CIP No. 3438 for Calaveras Median Conversion Project, CIP No. 3468.
C8. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Chrisp Company, and Approve an Amendment to the Agreement with Hexagon Transportation Consultants, Inc. for Bicycle Improvement Project (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: Adopt a resolution to: (1) Approve the project plans and specifications; (2) Award the construction contract to Chrisp Company in the amount of $620,412.75; (3) Authorize the City Manager, or designee, to award and execute the construction contract with Chrisp Company; (4) Authorize the Public Works Director, or designee, to negotiate and execute contract change order(s) in
November 4, 2025 Milpitas City Council Agenda Page 4
an aggregate amount not to exceed $180,000; and (5) Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Design Services Agreement with Hexagon Transportation Consultants, Inc. in an amount not-to-exceed $25,000 for Bicycle Improvement Project, CIP No. 4299.
C9. Authorize the City Manager, or Designee, to Execute an Amendment to the Agreement with NJ Associates for Architectural Services (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: Adopt a resolution to authorize the City Manager, or designee, to negotiate and execute an amendment to the Professional Services Agreement with NJ Associates for Construction Management Technical Services in the amount of $34,700 for a total not-to-exceed amount of $124,700 and extend the term of the agreement to November 14, 2026.
LEADERSHIP AND SUPPORT SERVICES
10. City Council Priority Setting (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Recommendation: (1) Review, prioritize, and approve Council referrals, with direction to staff to return at a future meeting with additional analysis and costing; and (2) Adopt a resolution to appropriate unassigned fund balances or reserves for referrals ranked and prioritized for funding.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail: [email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
MILPITAS CITY COUNCIL CALENDAR
November 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
3 7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)
4:30 PM- Economic Development
and Trade Commission Special
Meeting (WL) (MUSD Innovation
Campus)
4 5:00 PM-City Council Special Meeting
6:00 PM-Closed Session
7:00 PM-City Council
5 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
6 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
7 8
9 10
11 CITY HALL CLOSED IN
OBSERVANCE OF VETERANS DAY
12 12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)
13 4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
14 15
16 17
7:00 PM-Science, Technology, and
Innovation Commission (WL)
7:00 PM-Library and Education
Commission (HL) (Milpitas Public
Library)
18 5:00 PM-Closed Session
7:00 PM-City Council
19 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
5:30 PM- Planning Commission
Special Meeting
20 6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Oak Room -
San Mateo Main Library)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(WL)
21 22
23 24
7:00 PM-Arts Commission (CM)
25 26
7:00 PM-Planning Commission
27 28
CITY HALL CLOSED FOR THANKSGIVING
29 30
December 2025
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
October 2025
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 10/30/2025
November 18, 2025 – Regular Meeting
CLOSED SESSION
INVOCATION (Vice Mayor Barbadillo)
PRESENTATION
• Dagupan Key to the City Presentation
CONSENT CALENDAR
1. Receive City Council calendar for November and December 2025 (City Clerk)
2. Approve City Council Meeting minutes of October 24, 28 and November 4, 2025 (City Clerk)
3. Preview list of items for December 2, 2025 (City Clerk)
4. Councilmember Request List (City Clerk)
5. 2026 Council Meeting Calendar (City Clerk)
6. Gateway-Main Street Specific Plan Ordinance 2nd Reading (Planning)
7. Approve Improvement Agreement for 475 Sycamore Drive (Public Works / Engineering)
8. Approve Fee Reimbursement Agreement for 1905 Tarob Court (GeoMax2) (Public Works / Engineering)
9. Approve Coop Purchase Agreement for Hammond Street Light Project, CIP 4301 (Public Works / Engineering)
PUBLIC HEARINGS
10. AB 1600 Development Fees (TASP, Calaveras, Storm) (Finance)
11. Annual Fee Update (Finance)
12. MTC TOC Policy (Planning)
13. Appeal Planning Commission Decision on 1000 Gibraltar (Industrial Development) (Planning)
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
OPEN ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Install Defibrillators on City Properties Barbadillo 10/28/2025 An update will be provided to the City
Council on this item in November 2025
2 Place a billboard at the Sport Center to inform the
community about events and activities Montano 10/21/2025 An update on this item will be included in the
next quarterly prioritization update.
3 Explore the creation of small parks in
neighborhoods without them Montano 10/21/2025
An update on this item will be included in the
next quarterly prioritization update.
4 Agendize a discussion on the Acting City Attorney
position. Barbadillo 10/21/2025
An update on this item will be included in the
next quarterly prioritization update.
5 Look into concerns regarding increased air traffic
over Milpitas Montano 9/2/2025
An update on this item will be included in the
next quarterly prioritization update.
6 Issue a proclamation to thank and recognize the
City of Dagupan, Phillipines, follwing his visit there
as part of the Sister City program in April 2025 Barbadillo 8/19/2025 Proclamation tentatively scheduled for
November 18, 2025
7 Conduct an offsite workshop in early October to
discuss and prioritize Council goals and priorites
for their terms Lam 8/19/2025
An update on this item will be included in the
next quarterly prioritization update.
8 Revisit the mural selection committee process to
make it more inclusive by involving all
commissioners in the Arts Commission Montano 8/19/2025
An update on this item will be included in the
next quarterly prioritization update.
9 Exapnd the Milpitas SMART program to include
service to the San Jose Airport Lam 8/12/2025
An update on this item will be included in the
next quarterly prioritization update.
10 Staff explore a program similar to San Leandro’s,
which provides Ring doorbell cameras to residents Chua 8/12/2025 An update on this item will be included in the
next quarterly prioritization update.
11 Policy review on youth sport grant eligibility to
address excluding homeschooled children Mayor 6/17/2025 An update on this item will be included in the
next quarterly prioritization update.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
12 Reinstate the posting of the colors by Boy Scouts
at City Council Meetings Chua 4/15/2025
An update on this item will be included in the
next quarterly prioritization update.
13 Revise City Council Code of Conduct language
regarding the use of electronic devices. Lam 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
14 Develop a project management informational
memo. Barbadillo 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
15 Create a Milpitas Community Concert Choir with
city support for marketing and rehearsal space. Chua 4/1/2025 An update on this item will be included in the
next quarterly prioritization update.
16 Look into adding an entertainment zone to Main
Street. Montano 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
17 Staff provide a detailed analysis of overtime
expenditures by department. Barbadillo 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
18 Look into a policy to require a Super Majority vote
by Council for any deductions to budget reserves. Chua 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
19 Bring back a discussion regarding fentanyl-related
issues Barbadillo 2/18/2025
An update on this item will be included in the
next quarterly prioritization update.
20 Feasibility study regarding a police satellite office. Montano 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
21 Staff organize a job fair for City job openings Chua 11/19/2024 An update on this item will be included in the
next quarterly prioritization update.
22 Bring back a study or analysis of the permit
process Chua 11/19/2024
An update on this item will be included in the
next quarterly prioritization update.
23 Explore updating the city's business tax rate
schedule Chua 10/1/2024
An update on this item will be included in the
next quarterly prioritization update.
24 Explore funding options for new signage following
the decision to rename the Milpitas Library to the
Milpitas Jose Esteves Library Barbadillo 9/3/2024
An update on this item will be included in the
next quarterly prioritization update.
NOTE: Deferred and Completed Items are not listed
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
25 Update the animal control ordinance to include
other animals such as horses and cats Chua 9/3/2024
An update on this item will be included in the
next quarterly prioritization update.
26 Look into adopting an ordinance similar to San
Jose allowing ADUs (Accessory Dwelling Units) to
have a separate title and be sold separately. Chua 8/13/2024 An update on this item will be included in the
next quarterly prioritization update.
27 Conduct a traffic study on Escuela Parkway to
address circulation concerns Montano 5/7/2024
An update on this item will be included in the
next quarterly prioritization update.
28 Explore the possibility of augmenting the Planning
Commission stipend Barbadillo 4/16/2024
An update on this item will be included in the
next quarterly prioritization update.
29 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
An update on this item will be included in the
next quarterly prioritization update.
30 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update on this item will be included in the
next quarterly prioritization update.
31 Main Street International Festival Lien 10/3/2023
An update on this item will be included in the
next quarterly prioritization update.
32 Pickleball Pilot Project Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
33 Main Street Infrastructure Projects Montano 2/28/2023 An update on this item will be included in the
next quarterly prioritization update.
34 Main Street Flooding at Library Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
35 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update on this item will be included in the
next quarterly prioritization update.
36 City Manager look into implementing a workshop
for small businesses on the bidding process for
projects in the city Chua 8/9/2022
An update on this item will be included in the
next quarterly prioritization update.
37 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update on this item will be included in the
next quarterly prioritization update.
38 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update on this item will be included in the
next quarterly prioritization update.
39 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update on this item will be included in the
next quarterly prioritization update.
40 Consider Community Museum and Park on Main
St. Phan 8/20/2019
Discussions with the property owner of this
site are ongoing and staff is tracking
returning to council by June 2025 with an
update.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
NOTE: Deferred and Completed Items are not listed
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Accept the Commission and Committee Annual Report and Approve Work Plans for FY 2025-26 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/4/2025
Recommendation: Accept the Annual Report and approve proposed FY 2025-26 Work Plans for the (a) Community Housing Commission, (b) Economic Development and Trade Commission, (c) Energy and Environmental Sustainability Commission, (d) Planning Commission, (e) Public Safety and Emergency Preparedness Commission, and (f) Youth Advisory Commission.
BACKGROUND:
The City of Milpitas has 13 Commissions, including the Measure F Oversight Committee,, appointed by the Mayor and City Council. On April 16, 2019, the City Council approved the City of Milpitas Standard Commission By-Laws (By-Laws). Per Section 1, titled “Purpose” of the By-Laws, “A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council.” Therefore, annually, City Commissions develop and recommend a work plan to outline tasks, goals, and or projects related to their advisory area. Staff works with commissions to develop their respective workplans and takes them to Council for review and approval. The Fiscal Year 2025-2026 workplans for 6 of the 13 commissions were approved by the Mayor and City Council on September 16, 2025. This report transmits the workplans for the Community Housing, Economic Development and Trade, Energy and Environmental Sustainability, Planning Public Safety and Emergency Preparedness, and Youth Advisory Commissions. The Measure F Oversight Committee annual report and workplan will be brought forward at a later date.
ANALYSIS:
The Community Housing, Economic Development and Trade, Energy and Environmental Sustainability, Planning, Planning, Public Safety and Emergency Preparedness, and Youth Advisory Commissions meet at different frequencies such as monthly, bi-monthly, or specially designated months as determined by their By- Laws or By-Law addenda. Commissions began meeting and discussing their FY 2025-26 workplans earlier this year and have prepared new work plans.
Commission accomplishments for and carry-overs from Fiscal Year 2024-2025 are as follows:
Commission Accomplishments
Community Housing Commission
The Community Housing Commission (CHC) convened 11 times during FY 2024-2025. As the City’s longest- running commission, the CHC has championed the interests of Milpitas residents since July 20, 1954. In FY 2024-2025, the CHC achieved several key work plan goals, most notably hosting its annual Community Engagement & Affordable Housing and Building Safety Month event. This event celebrated both Affordable Housing Month and the City’s progress in expanding affordable housing opportunities. The Commission also provided valuable feedback to staff and Council on the Community Development Block Grant Program (CDBG). With the Commission’s guidance, the Council adopted the 2025-2030 Consolidated Plan and the 2025-2026 Annual Action Plan, allocating $555,374 in federal funding to support the City’s low- and moderate- income residents.
Economic Development and Trade Commission
The Economic Development and Trade Commission advises the City Council on business issues, cultivates international trade and commerce opportunities, and makes recommendations on the design, development, and implementation of economic development in Milpitas. The Economic Development and Trade Commission
(EDTC) met ten times during Fiscal Year 2024-2025, and accomplished tasks related to seven of the eight approved Work Plan topic areas per the summary table. Progress was not made on the International Trade & Commerce program, which was paused largely due to City Manager direction and current budget constraints.
During FY 2024-2025, EDTC members assisted City staff in outreach to Main and Abel Street businesses to promote formation of the Milpitas Historic Downtown Business Association. Two members completed service on the Zoning Advisory Group related to the Comprehensive Zoning Ordinance Update. The Commission provided guidance on content development and planning for integrating AI and marketing in business operations and other business engagement events. The EDTC provided guidance on planning City events related to 2026 global sporting events and Innovation District branding development. Members helped plan, as well as participated in, the 8th annual Manufacturing Day event. The EDTC received reports on Milpitas’ economic indicators, real estate profile and Main Street revitalization, as well as the economic impact of the Economic Development Strategy.
Lastly, commission members attended Joint Venture’s State of the Valley Conference, and the Silicon Valley Economic Development Alliance’s annual conference.
FY 2024-25 Work Plan Item Accomplished Carryover Notes
Economic Development Strategy X X
83 % complete on the 5-year plan.
Remaining implementation actions are
ongoing
Commissioner Engagement X X Ongoing
Main Street Revitalization X X Ongoing
Workforce Development & Education X X Ongoing
Innovation District X X Ongoing
Zoning, Land Use and Planning X Completed
International Trade & Commerce X Paused, given federal action on international trade policy
Manufacturing Day 2024 X X Annual event
Energy and Environmental Sustainability Commission
The Energy and Environmental Sustainability Commission (EESC) advises the City Council on matters pertaining to sustainability, climate action, recycling, and waste diversion.
FY 2024-25 Work Plan Item Accomplished Carryover Notes
Climate Film and Discussion Event X X Commission hosted the event on March 22, 2025 at the Milpitas Library
Auditorium, which had close to 40
participants. Commission hopes to host
another event in January 2026.
Earth Day Event Support X X Commission supported the Earth Day event and hosted a table at the event
focused on energy efficiency and smart
power strip give-away.
Community Engagement and Events X X Commissioners staffed several community events and conducted
education related to home
electrification.
Legislative Review for Possible
Positions
X X
FY 2024-25 Work Plan Item Accomplished Carryover Notes
Received staff updates and provided
feedback on several City initiatives
including Go Electric Milpitas!, Zero
Waste and Food Waste Programs,
and SVCE Decarbonization
programs.
X X On-going.
Planning Commission
The Planning Commission advises the City Council on issues and policies related to land use planning, zoning regulations, urban design, and community development. The Planning Commission meets bi-weekly to review, consider, and discuss proposals for new development throughout the City, and is empowered to make decisions on certain land use matters or formal recommendations to the City Council. The Planning Commission met 10 times during Fiscal Year 2024-2025 and accomplished the following: (1) approved 5 planning entitlements; (2) recommended approval of 1 development project, 2 zoning text and map amendments, and 2 general plan amendments; (3) recommended denial of 1 development project; and (4) held study sessions and adoption hearings for various long-range planning policy efforts and programs including the Comprehensive Zoning Ordinance Update, Housing Opportunity Districts, and Main St. Sense of Place Plan and Impact Fee Study.
FY 2024-25 Work Plan Item Accomplished Carryover Notes
Development Review X X Ongoing (held public hearings for 7 development projects)
Housing Opportunity Districts
X Completed (held an adoption hearing
for recommendation; adopted by City
Council in February 2024)
Gateway/Main St. Specific Plan
(Midtown Update)
X Ongoing (staff did not bring this item to
the PC for a study session or
recommendation) *
Comprehensive Zoning Ordinance
Update
X Ongoing (held one study session and
served on the Zoning Ordinance
Update Advisory Committee)*
Main St. Sense of Place Plan and
Impact Fee Study
X X Ongoing (held one study session)
Misc. Development Policies (State
Legislation Implementation)
X Annual (staff did not bring any policies
or implementation actions to the
Commission)
Annual CIP Conformance with
General Plan
X X Annual (held one public hearing)
*Planning Commission held an adoption hearing for these items, but they occurred following the close of the Fiscal Year.
Public Safety and Emergency Preparedness Commission
The Public Safety and Emergency Preparedness Commission (PSEPC) advises the City Council on emergency preparedness and education. The PSEPC met four times over the calendar year 2025. During the year the PSEPC made significant accomplishments working within their respective areas of “expertise” to educate the community on public safety and emergency preparedness.
FY 2024-25 Work Plan Item Accomplished Carryover Notes
Public Safety Education (MPD) X X
7 total presentations to include online
social media posts, library
presentations, National Night Out
(NNO), senior center events, and
partner events with PD.
FY 2024-25 Work Plan Item Accomplished Carryover Notes
Fire Safety and Prevention
Education (MFD) X X 6 total presentations to include NNO and Pumpkins in the Park.
Emergency Preparedness (OEM) X X
8 total presentations to include those
events listed above plus the Family
Camp Out.
Genasys Protect
X X
8 presentations to include the
events listed above, plus additional
events such as commission
presentations, HOAs, residential
facilities, and the Chamber for a total of
approximately 15.
Youth Advisory Commission
The Youth Advisory Commission advises the City Council on issues and policies related to youth and teens in the City of Milpitas. The Commission meets monthly to advance initiatives outlined in its annual work plan, focusing on programs and events that positively impact youth and teens throughout the Milpitas community.
The Youth Advisory Commission met 11 times during Fiscal Year 2024-2025 and accomplished the following:
FY 2024-25 Work Plan Item Accomplished Carryover Notes
Advise City Council and City staff on
youth and teen issues within the City
X X Commission discussed youth and teen
issues observed including vaping,
substance abuse, and youth
homelessness.
Volunteer at City events, Milpitas
Teen Center events, and local
events within the City of Milpitas
X X Commissioners volunteered at several
City events including Milk and Cookies
with Santa, Tree Lighting Ceremony,
Lunar New Year, and Holi Festival.
Cultural Diversity Tabling at City
events
X
Commissioners hosted a Cultural
Diversity table at the City’s Lunar New
Year event to provide education to the
general public on the cultural
significance of the event being
celebrated.
College Workshop X X Commission led a college application workshop in May 2025 with 21 teens in
attendance.
Clothing Drive X
Commission collected four large bags
of gently used clothing between
November-December 2024 and
donated clothing to the Milpitas Food
Pantry.
Youth Spelling Bee Competition X X Commission led annual Spelling Bee Competition at the Milpitas Teen
Center in May 2025 with 19 students in
attendance.
Volleyball Tournament X X Commission changed tournament to a drop-in sports night in April 2025 at the
Milpitas Sports Center in partnership
with the Milpitas Teen Center, 24 teens
attended.
FY 2024-25 Work Plan Item Accomplished Carryover Notes
Promote Milpitas Teen Center X X Commission assisted with promotion of Milpitas Teen Center facility and
resources through flyer promotion,
word of mouth, and morning
announcements at Milpitas High
School.
Promote Milpitas Youth Force X X Commission assisted with promotion of Milpitas Youth Force program through
flyer promotion, word of mouth, and
morning announcements at Milpitas
High School.
Youth Advisory Commission
Community Service Scholarship
X X Commission selected three high school
students residing in Milpitas to receive
the $500 scholarship for demonstrating
history of community service beyond
school requirements.
FISCAL IMPACT:
Each Commission is allocated $1,000 annually by the City Council in the adopted budget. These funds were budgeted and approved as part of the FY 2025-2026 budget and are to be used towards City Council approved tasks and projects, and administrative costs related to the Commission.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This action is an organizational or administrative activity of the City government and moreover will not result in direct or indirect physical changes in the environment and therefore is not a project requiring CEQA review pursuant to Cal. Code of Regs., tit. 14, § 15378.
ATTACHMENT(S):
(a) Community Housing Commission FY25-26 Workplan
(b) Economic Development and Trade Commission FY25-26 Workplan (c) Energy and Environmental Sustainability Commission FY25-26 Workplan (d) Planning Commission FY25-26 Workplan
(e) Public Safety and Emergency Preparedness Commission FY25-26 Workplan (f) Youth Advisory Commission FY25-26 Workplan
MILPITAS COMMUNITY HOUSING COMMISSION
FY 2025-2026 WORK PLAN
Work Plan Goals: Serve as an advisory body on matters affecting Milpitas residents, especially those relating to community improvement and housing.
Topic/Advisory Area Tasks Required Resources 1st Meeting 2nd Meeting A. CDBG public meeting
process
Staff
1. Present informational workshop for
commissioners
2. Prepare application packages
3. Coordinate with CDBG applicants to attend
the meeting
CHC
1. Review prepared application packages for a
public meeting
2. Make recommendations for CDBG service
areas to the City Council
3. Receive periodic updates from staff
Time: Commission, Staff,
CDBG Applicants
Budget: Light refreshments
December April
B. Tabling Event(s)
1. Commissioners to choose 1-3 City events to
engage with residents on concerns related
to housing
2. Events TBD by Commission
Time: Commission, Staff
Budget: Outreach materials,
CHC banner
October February
C.
Community Engagement
& Affordable Housing
Month
1. Commissioners coordinate with staff to
promote Affordable Housing and Building
Safety Month
Time: Commission, Staff
Budget: Outreach materials,
light refreshments
June N/A
D.
Office of Housing
Updates
Staff
1. Inform Commissioners on Housing related
policy & initiatives
2. Present data on existing programs
3. Provide federal, state, and regional Housing
updates
CHC
4. Commissioners conduct community
outreach and promote public attendance at
select events
Time: Commission, Staff
August October
E.
Commissioner
Workshop
Staff
1. Inform Commissioners on roles and
responsibilities
Time: Commission, Staff
February N/A
Approved by City Council TBD
ECONOMIC DEVELOPMENT & TRADE COMMISSION
WORK PLAN FY 2025-2026
EDTC Mission Statement:
Advise the City Council on business issues, cultivate international trade and commerce opportunities, and make recommendations on the design, development, and implementation of economic development in Milpitas.
Topic/Overall Goal Specific Action(s) Required Status
Economic Development
Initiatives
Implement Strategies and Actions: Economic indicators, branding/marketing assets and demonstration project policy.
• EDTC Commissioners may volunteer as ambassadors to assist in formal and informal business outreach as directed by staff including environmental friendliness for relocating businesses and green organizations and support targeted business attraction/creation
• Develop policy for developing, testing and demonstrating innovative and sustainable solutions to City needs (EDS Action Item 21.1) such as “Green City” initiatives in collaboration with Public Works (Climate Action Plan)
• 2026 Sporting events planning and development
Commissioner Engagement/
Ambassadorship
• Identify sector-based conferences and events that members and staff should attend (e.g., Biotech, AI, Automotive Tech, Cybersecurity, green tech/sustainability) for business attraction purposes
• EDTC Commissioners participate and present at Chamber of Commerce and other organizational events.
• Commissioners participate in city-sponsored business workshops and events (EDS Action Item 5.2)
Main Street Revitalization &
Milpitas Historic Downtown
Business Association
Position Midtown as a community destination for independent retailers, restaurants and services to encourage economic vitality, enhance business marketability, increase property values, and attract people and new businesses.
Approved by City Council TBD
• EDTC Commissioners may volunteer as ambassadors to assist in formal and informal business outreach as directed by staff, particularly along Main Street
• Serve on City Council ad hoc Main Street Revitalization Sub-Committee o Volunteer ambassadors assist city staff with business outreach for re-building Main Street and re-establishing a business association along Main Street o Advance placemaking concepts, activation of the Main Street area or related tasks o Participate in future potential Main Street Business Association
Innovation District • Support staff in outreach and promotion to business owners regarding development opportunities in the district and MID branding
Workforce Development &
Education
Promote a diversified workforce and provide training opportunities for Milpitas residents.
• Promote Milpitas Youth Force and employ program participants
• City/MUSD MOU - Workforce/Educ., career fair, business employment opportunities outreach
• EDTC Commissioners help facilitate opportunities with MUSD to engage high school students, and leverage networks at local colleges, universities, trade schools and organizations.
Manufacturing Day 2025 • Manufacturing Day 2025: Focus on career opportunities in tech/advanced manufacturing for MUSD high school students.
• Continue partnering with the Office of Economic Development to support Manufacturing Day 2026 event by participating as event speakers; promoting and marketing event; leveraging networks and resources
Energy and Environmental Sustainability Commission
FY 2025-2026 Work Plan
EESC Mission Statement: The Energy and Environmental Sustainability Commission advises the City Council on matters pertaining to sustainability, climate action, recycling, and waste diversion.
Topic/Advisory Area Specific Action(s) Required Begin Discussion Deadline Climate Film and
Discussion Event
Objective: Increase climate literacy in the community by hosting a climate film viewing and discussion event
Actions Required:
o Secure location for the event
o Decide on film(s) to show
o Publicity for event (flyers, social media, etc)
o Refreshments?
o Develop and facilitate community discussion
Budget: up to $300
September 2025 January 2026
Earth Day Event Objective: Support City’s Earth Day Event
Actions Required:
o Provide input to staff on event logistics and
coordination
o Identify Commission specific activity at event
o Assist with event promotions
Budget: up to $500 for activity, materials, supplies
December 2025 April 2026
Encourage Businesses to
Switch to Non-plastic
Foodware
Objective: Provide information to businesses on plastic alternatives
Actions Required:
o ID target businesses (types)
o Research alternatives
o Develop resource list
o Identify how to promote
November 2025 June 2026
Carbon Neutral Homes
Incentive Program
Objective: Receive staff update on program and discuss
how Commission can support community engagement
and increase participation
Actions Required:
o Identify opportunities for Commissioners to
support program such as through outreach at
events, publicity, etc.
o Support/Plan Kickoff Event (target Feb/Mar 2025)
Ongoing Ongoing
Climate Action Plan
Status and Update
Objective: Receive update on community greenhouse gas
emissions inventory and City implementation status
April 2026 April 2026
Legislative Review Objective: Review priority environmental/climate related legislation and provide recommendation for possible City position
Actions Required:
o ID and track relevant proposed legislation
o Review and analyze in alignment with City’s
Legislative Guiding Principles and CAP and
recommend possible City position
May 2026 June 2026
Solid Waste & Recycling
Program Update
Objective: Receive staff update on solid waste, recycling, and food waste programs
August 2026 August 2026
City of Milpitas
Planning Commission
Work Plan FY 2025-26
Purpose:
As established under Chapter 500 of Title I of the Milpitas Municipal Code, the Planning Commission advises the City Council on issues and policies related to land use planning, zoning regulations, urban design, and community development. The Commission meets bi-monthly to review, consider, and discuss proposals for new development throughout the City, and it is empowered to make decisions on certain land use matters or to make formal recommendations to the City Council.
Topic/Activity Tasks Required Resources Completion
Development Review*
Attend meetings (2x/month); read meeting packets;
active participation; site visits; Vote to approve/deny a project or make a recommendation to the Council
Commission, Staff Ongoing
Gateway/Main St. Specific
Plan (Midtown Update)
Participate in meetings; review draft plan and make
recommendations to Council
Commission, Staff,
Consultants
Late
2025
Comprehensive Zoning
Ordinance Update
Receive presentations; provide feedback and make
recommendations to Council
Commission, Staff,
Consultant
Late
2025
Innovation Districts Parks
and Trails Master Plan
Receive presentations; provide feedback and make
recommendations to Council
Commission, Staff,
Consultant
Mid
2026
Main St. Sense of Place
Plan and Impact Fee Study
Receive presentations; provide feedback and make
recommendations to Council
Commission, Staff,
Consultant
Late
2026
Misc. Development Policies
(State legislation
implementation)
Receive presentations; provide feedback and make
recommendations to Council Commission, Staff Annual
Annual CIP Conformance
with General Plan
Receive presentations; provide feedback and make
recommendations to Council Commission, Staff Annual
* The Commission Reviews and Acts Upon the Following:
1. General Plan and General Plan amendments;
2. Specific Plans and Specific Plan amendments;
3. Zoning and Subdivision Ordinance amendments
4. Environmental Impact Reports and Negative Declarations under CEQA;
5. Tentative Subdivision Maps;
6. Planned Development permit applications;
7. Subdivision Ordinance exceptions;
City of Milpitas
Planning Commission
Work Plan FY 2025-26
8. Special Studies and Reports
9. Master Plans (e.g., Bike and Ped Master Plan, Open Space Plan, Green Infrastructure Plan, etc.)
10. Appeals of Decisions by the Zoning Administrator.
2026 Public Safety & Emergency Preparedness Commission
The Public Safety and Emergency Preparedness Commission (PSEPC) advises the City Council on emergency preparedness and education. The PSEPC met four times over the calendar year 2025. During the year the PSEPC made significant accomplishments working within their respective areas of “expertise” to educate the community on public safety and emergency preparedness.
2026 Work Plan Items Description & Notes 2025 Accomplishments Public Safety Education
(MPD)
Commissioners provide brochures and social media posts on educational “smash and grab” and public safety information.
7 total presentations to include online
social media posts, library
presentations, NNO, senior center
events, and partner events with PD.
Fire Safety and Prevention
Education
(MFD)
Commissioners provide brochures and educational information on fire prevention safety and response.
6 total presentations to include
National Night Out, Pumpkins in the
Park.
Emergency Preparedness
(OEM)
Commissioners provided general emergency preparedness information to the public.
8 total presentations to include those
events listed above plus the Family
Camp Out.
Genasys Protect
Commissioners promoted the new Alert and Warning System – Genasys Protect. This is a new system provides for fast, efficient alert and warning.
Commissioners have presented the program to educate the public in the “Know Your Zone” campaign.
8 presentations to include the
events listed above, plus additional
events such as commission
presentations, HOAs, residential
facilities, and the Chamber for a total of
approximately 15.
City of Milpitas - Youth Advisory Commission Work Plan
August 2025 – June 2026
The Youth Advisory Commission advises City Council on matters pertaining to youth and teens in the City of Milpitas.
Topic/Advisory Area Tasks Required Resources Goal Deadline Advise City Council and City staff
on youth and teen issues within
the City.
Provide high-level feedback and suggestions
regarding youth and teen concerns, areas that
need improvement or need to be focused on,
and advising City Council on pertinent youth and
teen topics.
Commission Ongoing
Volunteer and support City
events, Milpitas Teen Center
events, and local events within
the City of Milpitas
Support events and programs at the Milpitas
Teen Center.
Support and partner with the Milpitas Teen
Center for the annual Halloween event
Support City events which includes but are not
limited to:
• Pumpkins in the Park
• Dia De Los Muertos – 5k Run
• Milk & Cookies with Santa
• Tree Lighting
• Lunar New Year
• Holi Festival
Provide volunteer opportunities for Milpitas teens
throughout the school year in partnership with
the Milpitas Teen Center.
Commission, City Staff
Commission, City Staff
Commission, City Staff
Commission, City Staff
Ongoing
October 2025
Ongoing
Ongoing
College Workshop Plan and promote a college workshop in partnership with a community-based
organization or YAC led for high school
students.
Commission,
Community Partners,
City Staff
December 2025
Youth Spelling Bee Competition Plan and promote the annual Youth Spelling Bee Competition for elementary school students.
Commission, City Staff March 2026
Year-Round Sports with Milpitas
Teen Center
Plan and promote 4-6 drop-in sports days at the
Milpitas Sports Center in partnership with the
Milpitas Teen Center.
Commission, City Staff Ongoing
Promote Milpitas Teen Center Promote all Milpitas Teen Center activities, workshops, and events throughout the 2025-26
school year.
Commission Ongoing
Promote Milpitas Youth Force Promote the Milpitas Youth Force program to high school students.
Commission January 2026 – April 2026
Youth Advisory Commission
Community Service Scholarship
Promote the Youth Advisory Commission
Community Service Scholarship. Award three
senior high school students a $500 scholarship
for displaying a history of community service
beyond any school requirements.
Commission, City Staff April – June 2026
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the Executive Director of the Milpitas Housing Authority, or Designee, to Take All Necessary Actions, Including Negotiating with the Necessary Parties, to Retain the Below Market Rate Unit at 173 Parc Place Drive (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Category: Consent Calendar-Community Development
Meeting Date: 11/04/2025
Recommendation: Authorize the Executive Director of the Milpitas Housing Authority, or designee, to take all necessary actions to retain the below market unit at 173 Parc Place Drive.
BACKGROUND
The City of Milpitas Below Market Rate (BMR) Program is designed to assist low- and moderate-income households achieve first-time homeownership. Buyers of homeownership BMR units must adhere to a Deed Resale Restriction Agreement (Agreement), which is recorded against the properties. The Agreement imposes occupancy and resale restrictions to prevent buyers from using the BMR Program for purposes incompatible with the Affordable Housing Ordinance and realizing unwarranted gains from the sale or lease of the BMR unit.
The recorded deed requires prompt notification to the City if the BMR unit receives a notice of default or foreclosure. The City objective is to address these issues to preserve the BMR program restrictions and maintain long-term affordability.
ANALYSIS:
173 Parc Place Drive (Unit, Property) is a two-bedroom, two-and-a-half-bath townhome included in the City’s Below Market Rate (BMR) Homeownership Portfolio and managed as an asset of the Milpitas Housing Authority (Authority).
On October 14, 2025, the Housing Authority (Authority) received a foreclosure notice from Allied Trustee, the Home Owners Association (HOA) collection agency, citing unpaid charges. The Unit, originally sold in 2009, was transferred to the original owners’ nephew (current owner) via a living trust in 2020. Since then, two Notices of Default have been recorded: the first was later amended, and the current, second notice has triggered foreclosure proceedings due to unpaid HOA dues.
The current owner has been unresponsive to repeated contact attempts. Over the past 12 months, staff made 10 unsuccessful visits to the Property, which appears abandoned. Per program requirements, the BMR Unit must be the primary residence and may not remain vacant for more than 90 days.
The Authority risks losing an affordable BMR Unit during a time of severe housing unaffordability. Staff will continue efforts to contact the owner and resolve these issues informally. However, staff recommends the Authority authorize the Executive Director to take all necessary actions to retain this below market rate Unit, including but not limited to the following possibilities depending upon the circumstances:
• Settle the unpaid HOA dues to prevent foreclosure. The HOA’s current pay off demand is $20,114.03 due November 7, 2025.
• Negotiate with the relevant parties to transfer or sell the property with the Agreement still in place to a qualified owner at an affordable price, whether as part of the foreclosure process or otherwise. • Negotiate with the relevant parties to stay, suspend, and/or withdraw foreclosure proceedings. • Exercise and enforce the Authority’s option to purchase the property and sell it to a qualified buyer at an affordable price. In the event of threatened foreclosure, the Authority is authorized under the Agreement to
purchase the property for an amount equal to or less than the Base Resale Price under the Agreement ($250,000) adjusted for improvements, damages, and advances but not more than the current affordable sale price for the home. The repurchase price cannot be calculated without further access to and information about the property, but based upon all information available, this sum is estimated to be not more than $500,000.
Because of the need to act quickly and respond to negotiation positions of a third party on an ongoing basis, staff recommends broadly granting authority to take all necessary actions to retain this unit in the Authority’s portfolio, including by authorizing an expenditure up to the repurchase price of the unit if the Authority must exercise its option to repurchase to retain this unit.
POLICY ALTERNATIVE(S):
Alternative 1: No Action; Allied Trustees will foreclose on the property to collect payment.
Pros: Funds would not be spent on this priority.
Cons: The Unit will be sold for market rate, and the Authority would lose a Unit in our BMR Homeownership Portfolio.
Reason not recommended: If the foreclosure occurs, the Authority will lose a BMR Unit in its Affordable Housing portfolio and therefore lose an affordable Unit during severe housing unaffordability within the City and County.
FISCAL IMPACT:
The City estimates to expend funds from its Affordable Housing Fund (295) in an amount of up to $520,114.03 but will recover that amount when the property is resold to an eligible buyer. The fund balance in the Affordable Housing Fund (295) is $3.1 million as of June 30, 2025.
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. Even if a project, the action is exempt from further CEQA review pursuant to Cal. Code Regs., tit. 14, § 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The action entails the operation and purchase of an existing residential structure, involving negligible or no expansion of existing or former use, and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301.
ATTACHMENT(S):
(a) Resale Restriction Agreement and Option to Purchase (b) Foreclosure Notice
(c) Initial Payoff Statement
ISRAEL DEMETRIUS QUINTANA, TRUSTEE OF THE MICHAEL QUINTANA REVOCABLE TRUST, DATED OCTOBER 26, 2018
Sent via email to: [email protected]
24-11232
1601 Response Road, Suite 390
Sacramento, CA 95815
October 14, 2025
File No.: 24-11232
Association: PARC PLACE HOMEOWNERS ASSOCIATION
Property: 173 PARC PLACE DRIVE
MILPITAS, CA 95035
CONFIRMATION OF PAYMENT PLAN
Delinquency amount as of 10-14-2025: $19,666.94
To be paid over 24 months as follows:
1 payment of $1,238.00 due on 10-30-2025
22 payments of $1,238.00 monthly starting on 11-28-2025 and continuing on the 30th day of each following month
1 final payment due 09-30-2027 in an amount sufficient to bring the Association account current You must call Allied Trustee Services at 877-282-4991 prior to remitting final payment to confirm the correct amount to pay.
Payment address: Allied Trustee Services
P.O. Box 1470
Suisun City, CA 94585-4470
Automatic payment is available via ACH debit. Please return the attached form if desired.
Please contact Customer Service to make a payment over the phone (at no charge), if you have questions, or wish to pay off your plan at 877-282-4991 or email [email protected]
PAYMENT PLAN TERMS
1. The amount currently due to PARC PLACE HOMEOWNERS ASSOCIATION is $19,666.94 through 10-14-2025 (Delinquency), which includes a fee of $125.00 to prepare this Payment Plan.
2. The monthly payments include the above Delinquency, plus any additional ongoing amounts which become due and payable during the term of this Payment Plan, such as ongoing assessments and interest (if any). The monthly payment also includes a fee of $30.00 per installment for administering the plan, as long as assessments remain delinquent. If applicable, you must pay all other future amounts coming due including any increases in the periodic assessments, special and reimbursement assessments, late charges, accruing interest (if any), fines (if any) and collection costs. If such amounts are not paid, Association may record a new lien to include any additionally delinquent amounts and the fees and costs thereof will be added to the final payment amount. If a lien has not already been recorded at the time of this Payment Plan, the Association may record one.
3. No payment reminders or statements will be provided. You must make payments per the terms stated above. If you wish to pay off this Payment Plan early, you must call Allied Trustee Services at the above number prior to making an early final payment to confirm the correct amount to pay.
4. Unless arrangements for automatic payment have been made, payments must be made by cash, by personal check, cashier’s check or money order payable to Allied Trustee Services and mailed via US Postal Service to PO Box 1470, Suisun City, California 94585-4470. This PO Box address only accepts delivery via US Postal Service. If you wish to send payment via Federal Express, UPS or other delivery service, please contact our office to obtain the mailing address. Payments must be received on or before the due date. If any payment is dishonored, a fee of $25.00 will be charged, and you will be deemed to be in default of this Payment Plan.
5. If any payment is not physically received by Allied on or before the fifth day after it was due, the Association may, subject to applicable laws, default this payment plan and immediately resume collections proceedings, subject to a credit for amounts paid to date. Any amounts waived by the Association as part of this Payment Plan shall be reapplied to the balance owed.
6. If you previously received a bankruptcy discharge of the debt, this is not a demand for payment of any discharged amounts from you personally. If you elect to pay any or all amounts for which you have received a personal discharge, such payment is completely voluntary.
7. If a trustee’s sale of the Property has already been scheduled, this sale will be postponed as payments are received. As previously discussed with you, if payments are not received in strict accordance with this payment plan, additional fees and costs may accrue and the property sale will be scheduled and held without further notice to you.
ALLIED IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
AUTOMATIC PAYMENT AUTHORIZATION FORM
FILE 24-11232
I (we) hereby authorize Allied Trustee Services (Allied) to initiate entries to my checking/savings account as designated below, in the amount set forth in the Agreement and, if necessary, adjust for any transactions credited/debited in error. This authority will remain in effect until Allied is notified by me (us) in writing to cancel it in such time as to afford Allied and the financial institution a reasonable opportunity to act on it, or the terms of the Agreement are completed.
Automated Clearing House (ACH Debit)
Name of your Financial Institution: _______________________________________________________
Routing Number: _______________ Account Number: __________________ CHECKING SAVINGS Sample Sample Please circle one
Name on Account: ____________________________________________________________________
Signature: __________________________________________________ Date: __________________
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute an Amendment to the Agreement with Liebert Cassidy Whitmore to Provide Essential Labor Relations and Other Services (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/4/2025
Recommendation: Approve and authorize the City Manager, or designee, to execute Amendment No. 4 to the Professional Services Agreement with Liebert Cassidy Whitmore to provide essential labor relations and other services for an additional amount of $100,000 for a total amount not-to-exceed $600,000, subject to the annual appropriation of funds, and to extend the term of the Agreement to June 30, 2027.
BACKGROUND:
LCW is a premier labor, education, and employment law firm that specializes in providing services to hundreds of public agencies, educational institutions, and nonprofit organizations across the state of California.
On April 1, 2023, the City entered into a Professional Services Agreement (Agreement) with Liebert Cassidy Whitmore (LCW) to provide essential labor relations and other legal services to the City, including but not limited to negotiations, training, advice, investigations, and court and arbitration representation in the amount of $100,000.
On September 19, 2023, the City Council approved an amendment to the original Agreement for an additional $200,000 for ongoing legal services and extend the contract through June 30, 2026. On December 3, 2024, the City Council approved an amendment to the amended Agreement for an additional $200,000 for ongoing legal services.
ANALYSIS:
The expert legal services provided by LCW from July 1 through October 2025 have provided essential support for on-demand and specialized employee relations advice and critical labor relations leading to the one-year extension of two negotiated successor agreements for Milpitas Employees Association (MEA) and Milpitas Professional and Technical Group (PROTECH) bargaining units. The City has yet to reach an agreement with Mid-Management and Confidential Unit (MIDCON) and is currently engaged in negotiations, which has been particularly challenging and has required extensive resources.
Through June 30, 2026, the City is required to negotiate successor agreements for the three aforementioned bargaining units. These negotiations are expected to require a significant investment of time, as several key items will need to be addressed.
The vacancy in the City Attorney’s Office has further increased the City’s reliance on LCW for employee relations and labor relations support. The City has recently experienced several complex employee relations issues that require LCW’s specialized expertise and support.
Staff recommends amending the agreement to add an additional $100,000 for ongoing legal services and to extend the term of the Agreement to June 30, 2027.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve and authorize the City Manager to execute the amendment with LCW.
Pros: There is no benefit to discontinuing LCW’s services while the City has active investigations and upcoming labor negotiations for three units.
Cons: The City will not have adequate resources to assist with labor negotiations and investigations.
FISCAL IMPACT:
Funding of $100,000 was included in the Human Resources’ departmental budget intended for outside legal services, which is sufficient to fund this Agreement amendment. No additional funds are requested at this time.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and 15378(b)(4) either because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and/or because the action is financial and/or administrative and does not directly impact the environment.
ATTACHMENT(S):
N/A.
38077.00180\29167975.12 C2
1 CITY OF MILPITAS
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of _________________ (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Liebert Cassidy Whitmore, a corporation with its principal place of business at 135 Main Street, San Francisco, CA 94105 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a publ ic agency of the State of California and is in need of professional services for the following project:
LABOR CONTRACT NEGOTIATIONS AND OTHER LEGAL SERVICES
(hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Servi ces attached hereto as Exhibit A.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Hundred Thousand Dollars and Zero Cents ($100,000.00).
This amount is to cover all printing and related costs, and the City will not pay any addition al fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be pro cessed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated ch anges in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in DocuSign Envelope ID: 7968FF19-7346-47F4-A98C-471D468064D8 Apr-01-2023
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2 the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting record s, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the Agreement term and for four (4) years from the date of final payment under the Agreement for inspection by City.
5. Term.
The term of this Agreement shall be from April 1, 2023 to June 30, 2024, unless earlier terminated as provided herein. The City reserves the right to review the Consultant’s performance at the end of each year and cancel all or part of the Agreement.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable contr ol of the non -performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performa nce and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or remova l of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreemen t or any rights under or interest in this Agreement without the written consent of the City, which m ay be withheld for any reason. Any DocuSign Envelope ID: 7968FF19-7346-47F4-A98C-471D468064D8
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3 attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provision s stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consulta nt may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City . No employee or agent of Consultant shall become an employee of City . The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insur ance required therein.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and oth er related costs and expenses. Consultant's obligation to ind emnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall b e limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to DocuSign Envelope ID: 7968FF19-7346-47F4-A98C-471D468064D8
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4 comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payro ll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) .
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an appli cable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Depar tment of Industrial Relations.
Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work perfor med on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requireme nts. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Cons ultant’s performance of services, including any delay, shall be Con sultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City . Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. City Material Requirements. [Reserved]
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given titl e and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work com pleted and/or being abandoned. City shall pay Consultant the reasonable value of services r endered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the DocuSign Envelope ID: 7968FF19-7346-47F4-A98C-471D468064D8
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5 Project for which a payment request has not been received, the charge for services performed during such task shall be th e reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions there of which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. c. The C onsultant understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council. Consultant’s assumption of risk of possible non-appropriation is a part of the c onsideration for the Agreement. This section controls against any and all other provisions of the Agreement.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, w ritten reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Morin Jacob as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Steven G. McHarris, City Manager
CONSULTANT:
Liebert Cassidy Whitmore
135 Main Street, 7th floor
San Francisco, CA 94105
Attn: Richard Bolanos, Partner
and shall be effective upon receipt thereof.
22. Third Party Rights
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6 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Feder al Constitutions. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to th ose matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agree ment shall be considered waived by either party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide em ployee working solely for Consultant, to solicit or secure this Agreement.
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7 Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the awar d or making of this Agreement.
For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
31. Wage Theft Prevention
a. Consultant, and any subconsultant it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Sta ndards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
b. BY SIGNING THIS AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS
DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE F IVE (5) YEARS PRIOR TO
EXECUTING THIS AGREEMENT THAT CONSULTANT OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS
THAT IT OR ITS SUBCONSULTANT(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,
DECISION OR ORDER, O R, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN
FULLY SATISFIED, CONSULTANT AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) IS
CURRENTLY SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT
OR ALTERNATIVE PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY
AND THAT CONSULTANT OR ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
c. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Consultant or a subconsultant it employs to perform work under this Agreement has violated any applicable wage and hour law, or Consultant learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Consultant shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order.
Consultant or its subconsultant(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order.
If the Consultant or its subconsultant is subject to a payment or other alternative plan, the Consultant or its subconsultant shall co ntinue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
d. For purposes of this Section, a "fina l judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City , or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
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8 e. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law. f. Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95 035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
[SIGNATURES ON FOLLOWING PAGE]
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9 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MILPITAS
AND LIEBERT CASSIDY WHITMORE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF MILPITAS
Approved By:
Steven G. McHarris, City Manager
Date
Approved As To Form:
Michael Mutalipassi, City Attorney
Approved:
Lauren Lai, CPA, MPA
Finance Director/Risk Manager
Approved As To Content:
Nick Raisch, Human Resources Director
LIEBERT CASSIDY WHITMORE
Signature
Name
Title
Date
DocuSign Envelope ID: 7968FF19-7346-47F4-A98C-471D468064D8 Mj
Mar-29-2023
Morin Jacob
Apr-01-2023
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10 EXHIBIT A
Scope of Services
The Consultant offers the City a broad range of experienced labor relations and legal services including but not limited to negotiations, training, advice, investigations, and representation. The services offered by the Consultant are generally as follows, subject to the preferences of the City, which can and do bring about modifications to the Consultant’s role.
The Consultants services shall include:
1. Meet with City staff and elected officials prior to commencement of negotiations in order to best understand (and perhaps formulate) the goals and objectives of the City in addressing the potential bargaining issues, and to be made aware of the financial/political limitations upon reaching those goals and objectives.
2. Provide leadership in formulati ng the strategies, which will be employed in meeting the goals and objectives at the bargaining table. (This may include asking that various City negotiation team members or resource personnel prepare budget presentations, detailed cost/revenue analyses or other financial data that may be discussed during negotiations).
3. Administer and/or oversee classification and compensation studies to gather the data necessary to formulate and present the agency’s bargaining objectives and proposals.
4. Upon reque st and as needed, oversee administrative investigations, retain the appropriate outside investigators for the City, and advise the City based on the findings of the investigations.
5. Review and analyze all pertinent charter provisions, codes, ordinances, rules and regulations, and existing memoranda of understanding, in order to verify their impact upon the goals and objectives that are being pursued.
6. Act as principal spokesperson and strategist during the bargaining process.
7. Participate in closed sessions to provide guidance to and receive direction from elected officials.
8. Represent the City at impasse proceedings (including preparation and representation through the impasse process, preparation of press releases, supervising media relations, meeting with elected officials, and making those appearances provided for by the City employee relations ordinance, as requested by the City). The Consultant typically attempts to schedule meetings with various units back to back as to reduce travel time. The Consultant will also work carefully with City staff to ensure that negotiations with multiple units are coordinated to be consistent where necessary but different, where diffe ring issues so require.
Labor Relations Consulting
In addition to conducting negotiations for public employers, the Consultant will continually work with the City’s staff to do their own negotiations, if desired, and provide ongoing advice away from the table. This arrangement can involve all aspects of consultation and related services, including:
1. preparation of initial bargaining proposals
2. reviewing counter-proposals
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11 4. representation through impasse procedures
5. and giving general advice when problems arise.
These services include:
a. MOU reviews/audits to identify issues for legal compliance, provide suggestions to increase clarity and reduce ambiguity by improv ing contract language, and offer suggestions/alternatives to be considered in contract negotiations.
b. Training on costing labor contracts, compiling demographic data, preparing for impasse processes, and other training programs to develop skills for internal staff. c. Strategy development and advice on key areas including FLSA items, cost restructuring, pension issues, employee benefits, and discipline/appeal processes. Provide advice and consultation on the scope of meet and confer subjects and alternative approaches to manage meet and confer obligations. d. Drafting contract language compliant with legal parameters and consulting on the preparation and presentation of proposals.
Additional Services
As a best practice, the Consultant recommends completing an MOU audit prior to the start of negotiations if the City has not reviewed/updated the MOU for best practices, legal compliance and to ensure the elimination of ambiguous language since the last round of negotiations. An audit ensures that contra ct language accurately reflects changes in the law since the contract was last negotiated [e.g. new state laws regarding sick leave (AB1522), health insurance (ACA), retirement (PEPRA), unlawful discrimination, leave rights (Labor Code Section 230.4, pregnancy disability leave), arbitration and release time for union representatives.] It also ensures that contract language not only complies with state and federal laws, but that it maximizes the City’s opportunity for cost effectiveness. The audit will revea l all the changes the Consultant suggests for legal compliance, to eliminate ambiguities and ensure best practices. The analysis also includes the identification of MOU language/provisions to target during the upcoming negotiations.
Careful preparation all ows the City to set the bargaining agenda, rather than being reactive as well as avoids the inefficiencies of an ad hoc approach where disputes and mistakes often occur. Audits are billed on an hourly basis and can be scheduled whether or not Consultant conducts the negotiations. Any other legal services provided by Consultant per the rate sheet attached.
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12 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will in clude with each invoice a detail ed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials Agreement.
Rate and Service Structure
The Consultant bills in increments of one tenth of an hour. Invoices are payable upon receipt and due within 30 days. Consultant rates reflect the nature of our public sector work and take into consideration the inherent budgetary limitations of our public sector clients.
The Consultant evaluates its rates on an annual basis and occasionally makes modest rate increases. The Consultant understands the need to manage the cost of legal services and frequently work with clients to create budgets and cost strategies that suit them.
The Consultants practice is statewide, and they will share briefs, motions, points and authorities, research memos and opinion letters so that they do not research nuances in the law and issues that other members of the firm have recently worked on.
Pricing offered on a time-and-materials basis would be based on the standard hourly rates listed below:
Staff Rate per Hour
Partner $425.00
Senior Counsel $355.00
Associate $240.00 - 335.00
Labor Relations/Human Resources Consultant $270.00
Paralegals $145.00
E-Discovery Specialists $145.00
Law Clerks $145.00 - $185.00
Expenses
The Consultant utilizes the most up -to-date technology to aid in the delivery of legal services. For example, they utilize Sharefile, a document -sharing portal, for the secure and quick transmission of material. Documents are sent electronically, through Sharefile or email, unless specifically requested otherwise, or when electronic transmission is not an option.
Should the Consultant need to send a fax, these are billed at the rate of $.25 per page for outgoing faxes.
Likewise, if needed copying is cha rged at fifteen cents ($.15) per page. Additional prints, postage and special deliveries (i.e. Fed-Ex, UPS, DHL, messenger service), and other hired deliveries completed at the request of the client or necessary to comply with court or other deadlines will also be billed to the client.
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13 EXHIBIT C
Activity Schedule
[Reserved]
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14 EXHIBIT D
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.
Contractor or Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors.
Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request t hat they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor or Consultant shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signe d by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete , certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2 ,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
_X_ Coverage at least as br oad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate l imit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurre nce” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit sha ll apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
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15 Automobile Liability:
_X_ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.
___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.
___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.
Professional Liability (Errors and Omissions):
_X_ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
_X_ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verification it has no employees)
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Builder’s Risk (Course of Construction):
___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
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16 Contractor’s or Consultant’s Pollution Legal Liability:
___ Contractor’s or Consultant’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.
If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Cyber Liability Insurance
___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.
Coverage shall be sufficiently broad to respond to the duties a nd obligations as is undertaken by Contractor or Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
The policy shall provide coverage for breach res ponse costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Surety Bonds:
Contractor shall provide the following Surety Bonds:
____ Bid Bond
____ Performance Bond
____ Payment Bond
The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
_X_ Additional Insured Status and Primary/Non-Contributory Language:
Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and DocuSign Envelope ID: 7968FF19-7346-47F4-A98C-471D468064D8
38077.00180\29167975.12 C2
17 appointed officials, officers, attorneys, agents employees and vo lunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non -contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor or Consultant may submit evidence of Builder’s Risk insurance in the form of Cou rse of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
_X_ Notice of Cancellation, Suspension or Otherwise Voiding Policies:
Each insurance policy required above shall contain or be endorsed to con tain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
_X_ Waiver of Subrogation:
Contractor or Consultan t hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorseme nt that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a wai ver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.
___ Completed Operations
For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
DocuSign Envelope ID: 7968FF19-7346-47F4-A98C-471D468064D8
38077.00180\29167975.12 C2
18 Deductibles and Self-Insured Retentions (“SIR”):
Any deductibles or self -insured retentions must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
City reserves the right to obtain a full -certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to City.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor or Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead -based paint or asbestos id entification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the DocuSign Envelope ID: 7968FF19-7346-47F4-A98C-471D468064D8
38077.00180\29167975.12 C2
19 Contractors Pollution Liability Policy shall not contain a mold ex clusion, and the definition of Pollution shall include microbial matter, including mold.
Subcontractors:
Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contracto r shall ensure that City is an additional insured on insurance required from subcontractors.
Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any othe r contract documents.
Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub -subcontractor to the extent they apply to the scope of the sub -subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.
Verification of Coverage:
Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
Each insurance policy require d above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
DocuSign Envelope ID: 7968FF19-7346-47F4-A98C-471D468064D8
Amendment No. 1 to Professional Services Agreement with Liebert Cassidy Whitmore AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH
LIEBERT CASSIDY WHITMORE
FOR
LABOR CONTRACT NEGOTIATIONS AND OTHER LEGAL SERVICES
This Amendment No. 1 is entered into as of _________________, (the “Effective Date”) by and between the City of Milpitas, a municipal corporation of the State of California ( hereinafter referred to as “City”) and Liebert Cassidy Whitmore , a corporation (hereinafter referred to as “ Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No. 1.
RECITALS:
WHEREAS, on April 1, 2023 , the Parties entered into a Professional Services Agreement (the “Agreement”) for labor contract negotiations and other legal services for the not-to-exceed compensation amount of One Hundred Thousand Dollars and Zero Cents ($1 00,00.00), and with an initial term period from April 1, 2023 to June 30, 2024 (the Agreement); and WHEREAS, the Parties now wish to amend the Agreement to increase the not-to-exceed total by two hundred thousand dollars and zero cents ($200,000.00) for a new not-to-exceed total of three hundred thousand dollars and zero cents ($300,000.00) and extend the term by two (2) years for a new term end date of June 30, 2026.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. Section 2b Compensation . is hereby deleted in its entirety and replaced wi th:
In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Three Hundred Thousand Dollars and Zero Cents ($300,000.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detail ed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
2. Section 5. Term. is hereby deleted in its entirety and replaced with:
The term of this Agreement shall be from April 1, 2023 through June 30, 2026 , unless earlier terminated as provided herein. The City reserves the right to review the Consultant’s performance at the end of each year and cancel all or part of the Agreement.
3. All other provisions of the Agreement not amended by this Amendment No. 1 shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: CAC36945-84BB-48F2-A00B-17FD43F66EFA Oct-09-2023
Amendment No. 1 to Professional Services Agreement with Liebert Cassidy Whitmore SIGNATURE PAGE TO AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH LIEBERT CASSIDY WHITMORE
FOR LABOR NEGOTIATIONS AND OTHER LEGAL SERVICES
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the date first written above.
CITY OF MILPITAS LIEBERT CASSIDY WHITMORE
Approved By:
______________________________ ______________________________ Ned Thomas, Acting City Manager Signature
______________________________ ______________________________ Date Name
Approved As To Form:
______________________________ ______________________________ Michael Mutalipassi, City Attorney Title
Approved: ______________________________
Date
______________________________
Lauren Lai, CPA, MPA
Finance Director/Risk Manager
Approved As to Content:
______________________________
Nick Raisch, Human Resources Director
DocuSign Envelope ID: CAC36945-84BB-48F2-A00B-17FD43F66EFA Morin Jacob
Mj
Oct-05-2023
Oct-09-2023
Amendment No. 2 to Professional Services Agreement with Liebert Cassidy Whitmore AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
WITH
LIEBERT CASSIDY WHITMORE
FOR
LABOR CONTRACT NEGOTIATIONS AND OTHER LEGAL SERVICES
This Amendment No. 2 is entered into as of _________________, (the “Effective Date”) by and between the City of Milpitas, a municipal corporation of the State of California ( hereinafter referred to as “City”) and Liebert Cassidy Whitmore , a corporation (hereinafter referred to as “ Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No. 2.
RECITALS:
WHEREAS, on April 1, 2023 , the Parties entered into a Professional Services Agreement (the “Agreement”) for labor contract negotiations and other legal services for the not-to-exceed compensation amount of One Hundred Thousand Dollars and Zero Cents ($1 00,00.00), and with an initial term period from April 1, 2023 to June 30, 2024 (the Agreement); and WHEREAS, on ___________ the Parties entered into Amendment 1 to add additional funds for a new not-to-exceed exceed total of three hundred thousand dollars and zero cents ($300,000.00) and extend the term by two (2) years for a new term end date of June 30, 2026; and WHEREAS, the Parties now wish to amend the Agreement to revise Exhibit B, Schedule of Charges/Payments.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. Exhibit B, Schedule of Charges/Payments is hereby deleted in its entirety and replaced with Exhibit B -1 Schedule of Charges/Payments (October 2023), attached hereto and incorporated herein.
2. All other provisions of the Agreement not amended by this Amendment No. 2 shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: AA3A1E3C-2BD6-4CC7-A66B-66079C8F7781 Oct-06-2023
Oct-06-2023
Amendment No. 2 to Professional Services Agreement with Liebert Cassidy Whitmore SIGNATURE PAGE TO AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH LIEBERT CASSIDY WHITMORE
FOR LABOR NEGOTIATIONS AND OTHER LEGAL SERVICES
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 as of the date first written above.
CITY OF MILPITAS LIEBERT CASSIDY WHITMORE
Approved By:
______________________________ ______________________________ Ned Thomas, City Manager Signature
______________________________ ______________________________ Date Name
Approved As To Form:
______________________________ ______________________________ Michael Mutalipassi, City Attorney Title
Approved: ______________________________
Date
______________________________
Lauren Lai, CPA, MPA
Finance Director/Risk Manager
Approved As to Content:
______________________________
Nick Raisch, Human Resources Director
DocuSign Envelope ID: AA3A1E3C-2BD6-4CC7-A66B-66079C8F7781 Morin Jacob
Mj
Oct-05-2023
Oct-06-2023
Amendment No. 2 to Professional Services Agreement with Liebert Cassidy Whitmore Exhibit B-1
Schedule of Charges/Payments
(October 2023)
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials Agreement.
Rate and Service Structure
The Consultant bills in increments of one tenth of an hour. Invoices are payable upon receipt and due within 30 days. Consultant rates reflect the nature of our public sector work and take into consideration the inherent budgetary limitations of our public sector clients.
The Consultant evaluates its rates on an annual basis and occasionally makes modest rate increases. The Consultant understands the need to manage the cost of legal services and frequently work with clients to create budgets and cost strategies that suit them.
The Consultants practice is statewide, and they will share briefs, motions, points and authorities, research memos and opinion letters so that they do not research nuances in the law and issues that other members of the firm have recently worked on.
Pricing offered on a time-and-materials basis would be based on the standard hourly rates listed below:
Staff Rate per Hour
Partner $435.00
Senior Counsel $365.00
Associate $260.00 - 345.00
Labor Relations/Human Resources Consultant $280.00
Paralegals $145.00
E-Discovery Specialists $145.00
Law Clerks $145.00 - $185.00
Expenses
The Consultant utilizes the most up-to-date technology to aid in the delivery of legal services. For example, they utilize Sharefile, a document -sharing portal, for the secure and quick transmission of material.
Documents are sent electronically, through Sharefile or email, unless specifically requested otherwise, or when electronic transmission is not an option.
Should the Consultant need to send a fax, these are billed at the rate of $.25 per page for outgoing faxes.
Likewise, if needed copying is cha rged at fifteen cents ($.15) per page. Additional prints, postage and special deliveries (i.e. Fed-Ex, UPS, DHL, messenger service), and other hired deliveries completed at the request of the client or necessary to comply with court or other deadlines will also be billed to the client.
DocuSign Envelope ID: AA3A1E3C-2BD6-4CC7-A66B-66079C8F7781
Amendment No. 3 to Professional Services Agreement with Liebert Cassidy Whitmore AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
WITH
LIEBERT CASSIDY WHITMORE
FOR
LABOR CONTRACT NEGOTIATIONS AND OTHER LEGAL SERVICES
This Amendment No. 3 is entered into as of _________________, (the “Effective Date”) by and between the City of Milpitas, a municipal corporation of the State of California ( hereinafter referred to as “City”) and Liebert Cassidy Whitmore , a corporation (hereinafter referred to as “ Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No. 3.
RECITALS:
WHEREAS, on April 1, 2023 , the Parties entered into a Professional Services Agreement (the “Agreement”) for labor contract negotiations and other legal services for the not-to-exceed compensation amount of One Hundred Thousand Dollars and Zero Cents ($1 00,00.00), and with an initial term period from April 1, 2023 to June 30, 2024 (the Agreement); and WHEREAS, on October 6, 2023, the parties entered into Amendment 2 to increase the not -to- exceed total by two hundred thousand dollars and zero cents ($200,000.00) for a new not -to-exceed total of three hundred thousand dollars and zero cents ($300,000.00) and extend the term by two (2) years for a new term end date of June 30, 2026; and
WHEREAS, on ___________ the Parties now wish to amend the Agreement to increase the not- to-exceed total by two hundred thousand dollars and zero cents ($200,000) for a new not-to-exceed total of five hundred thousand dollars and zero cents ($500,000).
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. Section 2b Compensation . is hereby deleted in its entirety and replaced wi th:
In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Five Hundred Thousand Dollars and Zero Cents ($500,000.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
2. All other provisions of the Agreement not amended by this Amendment No. 3 shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Dec-03-2024
Dec-03-2024
Docusign Envelope ID: 824E7C77-988B-4080-8E1C-3AC582D6E089
Amendment No. 3 to Professional Services Agreement with Liebert Cassidy Whitmore SIGNATURE PAGE TO AMENDMENT NO. 3
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH LIEBERT CASSIDY WHITMORE
FOR LABOR NEGOTIATIONS AND OTHER LEGAL SERVICES
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 as of the date first written above.
CITY OF MILPITAS LIEBERT CASSIDY WHITMORE
Approved By:
______________________________ ______________________________ Ned Thomas, City Manager Signature
______________________________ ______________________________ Date Name
Approved As To Form:
______________________________ ______________________________ Michael Mutalipassi, City Attorney Title
Approved: ______________________________
Date
______________________________
Luz Cofresí-Howe
Finance Director
Approved As to Content:
______________________________
Kelli Parmley, Human Resources Director
Docusign Envelope ID: 824E7C77-988B-4080-8E1C-3AC582D6E089 Dec-17-2024 J. Scott Tiedemann
Firm Co-Managing Partner
Dec-18-2024
Amendment No. 4 to Professional Services Agreement with Liebert Cassidy Whitmore AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
WITH
LIEBERT CASSIDY WHITMORE
FOR
LABOR CONTRACT NEGOTIATIONS AND OTHER LEGAL SERVICES
This Amendment No.4 is entered into as of_________________, (the “Effective Date”) by and between the City of Milpitas, a municipal corporation of the State of California (hereinafter referred to as “City”) and Liebert Cassidy Whitmore, a corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No. 4.
RECITALS:
WHEREAS, on April 1, 2023, the Parties entered into a Professional Services Agreement (the “Agreement”) for labor contract negotiations and other legal services for the not-to-exceed compensation amount of One Hundred Thousand Dollars and Zero Cents ($100,00.00), and with an initial term period from April 1, 2023 to June 30, 2024 (the Agreement); and WHEREAS, on October 6, 2023, the parties entered into Amendment 2 to increase the not-to- exceed total by two hundred thousand dollars and zero cents ($200,000.00) for a new not-to-exceed total of three hundred thousand dollars and zero cents ($300,000.00) and extend the term by two (2) years for a new term end date of June 30, 2026; and
WHEREAS, on December 3, 2024, the parties entered into Amendment 3 to increase the not-to- exceed total by two hundred thousand dollars and zero cents ($200,000.00) for a new not-to-exceed total of five hundred thousand dollars and zero cents ($500,000.00) and WHEREAS, on ___________ the Parties now wish to amend the Agreement to increase the not- to-exceed total by one hundred thousand dollars and zero cents ($100,000) for a new not-to-exceed total of six hundred thousand dollars and zero cents ($600,000).
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. Section 2b Compensation. is hereby deleted in its entirety and replaced with:
In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Six Hundred Thousand Dollars and Zero Cents ($600,000.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
2. All other provisions of the Agreement not amended by this Amendment No. 4 shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Amendment No. 4 to Professional Services Agreement with Liebert Cassidy Whitmore SIGNATURE PAGE TO AMENDMENT NO. 4
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH LIEBERT CASSIDY WHITMORE
FOR LABOR NEGOTIATIONS AND OTHER LEGAL SERVICES
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 4 as of the date first written above.
CITY OF MILPITAS LIEBERT CASSIDY WHITMORE
Approved By:
______________________________ ______________________________ Deanna Santana, Interim City Manager Signature
______________________________ ______________________________ Date Name
Approved As To Form:
______________________________ ______________________________ Christopher Creech, Interim City Attorney Title
Approved: ______________________________
Date
______________________________
Luz Cofresí-Howe
Finance Director
Approved As to Content:
______________________________
Kelli Parmley, Human Resources Director
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Approve Project Plans and Specifications, Authorize Advertisement for Bid Proposals, and Approve Budget Appropriation for Calaveras Median Conversion Project (Staff: 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: 11/4/2025
Recommendation: Adopt a resolution to (1) Approve the project plans and specifications, (2) Authorize advertisement for bid proposals; and (3) Approve a budget appropriation in the amount of $360,000 from the General Government CIP Fund in Park & Street Landscape Irrigation, CIP No. 3449 Improvements and Annual Tree Replacement, CIP No. 3438 for Calaveras Median Conversion Project, CIP No. 3468.
BACKGROUND:
The City maintains many miles of landscaped street medians and curbside planter areas, comprising a wide variety of vegetation species which requires intensive maintenance and are not optimally suited for local climate. As part of the adopted 2023-2028 Capital Improvement Program (CIP), the Median Conversion Project, CIP No. 3468 (Project) was approved to standardize the landscape and hardscape of medians and planter areas throughout the City by installing drought-tolerant plant species, upgrading aging irrigation systems and improving overall water-use efficiency to align with the goals of the City’s adopted Climate Action Plan and the City’s maintenance level of service standards.
The City’s top priority area is to improve the medians along Calaveras Boulevard from North Milpitas Boulevard to North Park Victoria Drive which is located within Caltrans’ right-of-way and maintained by the City. The medians consist of either turf irrigated by potable water, cobblestone embedded in concrete, and/or stained concrete paving. The turf does not align with the City’s climate action plan or water conservation goals, and requires significant maintenance efforts to preserve its less than desirable appearance. The Project will replace the existing turf area with sustainable streetscape that will render a more aesthetically pleasing corridor through the City connecting I-680 and I-880, and aligns with the City maintenance level of service, and City climate action goals for long-term water conservation.
ANALYSIS:
Although Calaveras Boulevard is a State of California roadway, the City of Milpitas retains maintenance responsibility for the median islands (except for those between Milpitas Blvd and Abel Street) based on an agreement established between the City and the State in 1975. By making improvements to the median island, the City is able to simultaneously reduce ongoing maintenance responsibilities, eliminate costs for a new irrigation system that would have otherwise been required (thereby driving up one-time project costs and ongoing system repairs and water charges), and create a more aesthetically pleasing roadway.
Any landscape and hardscape improvements in medians within the Caltrans right-of-way are governed by the Caltrans Highway Design Manual (HDM) which establishes uniform policies and procedures for implementing improvements within the State’s roadways. A key policy under the HDM is fixed objects exceeding 36-inches in height shall be placed at least 30 feet from the edge of the travel way. This policy prohibits the installation of trees in the existing medians along Calaveras Boulevard because the medians are only 16-feet at their maximum width. In addition, considering the long-term operational cost to maintain landscaping in medians adjacent to high volumes of vehicle use and the available funding for the Project, staff recommends replacing the existing turf area with a continuous 4-foot-wide meandering cobblestone embedded in concrete with surrounding permeable gravel (Attachment A). This approach provides a visually appealing, durable, and
sustainable median treatment that aligns with Caltrans policies, reduces long-term maintenance costs, and enhances the overall aesthetics of Calaveras Boulevard.
The Project cost is estimated at $900,000; the Project currently has been appropriated $540,000, resulting in a funding shortfall of approximately $360,000. Staff recommends the City Council approve the Project plans and specifications, authorize bid advertisement and appropriate $360,000 from the Park & Street Landscape Irrigation Improvements Project, CIP No. 3449, and Annual Tree Replacement Program, CIP No. 3438 into the Project to address the funding shortfall. The Park & Street Landscape Irrigation Improvements Project is intended to provide for repairs and improvements to Citywide irrigation systems in parks, streetscapes and medians whereas the Annual Tree Replacement Program is intended for planting of new and replacement trees. Rebalancing of funding across these three CIPs enables the completion of the Project while still allowing sufficient funding to achieve the key deliverables given current staff resources.
POLICY ALTERNATIVES:
Alternative 1: Do not approve the plans and specifications, authorize the bid advertisement, and approve the budget appropriation.
Pros: The current funding in the above-mentioned CIP projects will remain.
Cons: The existing turf area will remain in place unchanged with no aesthetic improvements undertaken, and weeds will continue to be prevalent on the median island. Postponing the Project will increase the cost of improvements if the Project is to restart in future.
Reason not Recommended: As Calaveras Boulevard is a major corridor connecting commuters between I-680 and I-880, it should be enhanced with a sustainable streetscape that is visually appealing given that it’s a key gateway through the City.
PROJECT SCHEDULE:
Upon City Council approval, staff anticipates conducting a Bid Opening in the Winter 2026 to start construction in early Spring 2026 and to be completed by the end of 2026.
FISCAL IMPACT:
The City Council appropriated $600,000 from General Government CIP Fund as part of the adopted 2023- 2028 Capital Improvement Program for the Project; the remaining balance is approximately $540,000. The total Project budget is estimated to be $900,000 which results in a funding shortfall of $360,000 and requires appropriating funds from other CIP Projects.
Staff is not requesting new funding for this Project. Staff recommends appropriating $360,000 from the Park & Street Landscape Irrigation Improvements, CIP No. 3449, and Annual Tree Replacement Program, CIP No. 3438 into the Project for the needed funding. The tables below provide a summary of the budget appropriation amendments and the projected budget expenditures of the Project.
Table 1: Summary of Budget Appropriation for the Project Project
No. Project Name Uncommitted
Balance *
Transfer to
CIP 3468
Remaining
Balance
3438 Annual Tree Replacement Program $194,000 ($100,000) $94,000 3449 Park & Street Landscape Irrigation Improvements $428,000 ($260,000) $168,000
3468 Median Conversion Project $540,000 $360,000 $900,000 *Balances as of June 30, 2025
Table 2: Summary of Estimated Budget Expenditures
Anticipated Construction Cost $650,000
Contingency (20%) $125,000
City Administration Costs (20%) $125,000
Total Construction Budget $900,000
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The Project entails operation, repair, maintenance and minor alteration of landscaping and hardscape features within an existing public right-of-way that involves negligible or no expansion of use which is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301.
ATTACHMENTS:
(a) Plans and Specifications
(b) Resolution
1 PROJECT COVER PAGE
CALAVERAS BLVD MEDIAN IMPROVEMENT
PROJECT NO. 3468
CITY OF MILPITAS
SOUTH MILPITAS BLVD TO DEMPSEY WAY
PROJECT SCOPE
THE PROJECT SCOPE INCLUDES, BUT NOT LIMITED TO, REMOVING
AND DISPOSING OF EXISTING LANDSCAPING, EXCAVATING,
INSTALLING COBBLESTONE CONCRETE PAVING AND RE-STAIN
EXISTING STAINED CONCRETE.
PROJECT SITE
SHEET INDEX
DWG NO. SHEET TITLE
G-1 TITLE SHEET
G-4 BLUEPRINT FOR A CLEAN BAY
C-1 N. MILPITAS BLVD TO S. HILLVIEW DR
C-2 N. HILLVIEW DR TO I-680 OVERPASS
C-3 I-680 OVERPASS TO N. PARK VICTORIA DR
E. .CALAVERAS BLVD
N. MILPITAS
BLVD
HILLVIEW DR
PARK VICTORIA DR
I-680
N
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
10/7/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Lyhak Eam, P.E.
PW Division Manager - Engineering DATE:
RECOMMENDED FOR
APPROVAL FOR BIDDING BY:
Michael Silveira, P.E.
City Engineer DATE: SHEET OF 7
CIP No. 3468
CALAVERAS BLVD MEDIAN IMPROVEMENT
AH
AH
10/7/25
10/7/25
10/7/25TC
G-2 GENERAL NOTES
G-3 DEMOLITION PLAN
OF
TY CI
ITAS
L
M
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P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
LEGEND
’
’
“ ”
’
NOT FORCONSTRUCTION
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
CALAVERAS BLVD MEDIAN IMPROVEMENT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
10/7/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Lyhak Eam, P.E.
Public Works Division Manager - Engineering DATE: SHEET OF 7 CIP No. 3468
1"=20'
AH
AH
10/7/25
10/7/25
10/7/25TC
2 GENERAL NOTES
E. CALAVERAS BLVD
E. CALAVERAS BLVD
TOWN
CENTER DR
S. HILLVIEW
DR
REMOVE EXISTING LANDSCAPE AND SOIL A
MINIMUM 4" BELOW TOP OF CURB.
7,318 SQFT
E. CALAVERAS BLVD
S. HILLVIEW
DR
REMOVE EXISTING LANDSCAPE AND SOIL A
MINIMUM 4" BELOW TOP OF CURB.
6,789 SQFT
E. CALAVERAS BLVD
I-680
OVERPASS
S. HILLVIEW
DR
REMOVE EXISTING LANDSCAPE AND SOIL A
MINIMUM 4" BELOW TOP OF CURB.
8,072 SQFT
A A
E. CALAVERAS BLVD
S. PARK
VICTORIA
DR
I-680
OVERPASS
REMOVE EXISTING LANDSCAPE AND SOIL A
MINIMUM 4" BELOW TOP OF CURB.
6,320 SQFT
A A
NOT FORCONSTRUCTION
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
CALAVERAS BLVD MEDIAN IMPROVEMENT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
10/7/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Lyhak Eam, P.E.
Public Works Division Manager - Engineering DATE: SHEET OF 7 CIP No. 3468
1"=20'
AH
AH
10/7/25
10/7/25
10/7/25TC
3 MATCHLINE A MATCHLINE B
MATCHLINE A
N
DEMOLITION PLAN
MATCHLINE B
NOT FORCONSTRUCTION
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
CALAVERAS BLVD MEDIAN IMPROVEMENT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
10/7/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Lyhak Eam, P.E.
Public Works Division Manager - Engineering DATE: SHEET OF 7 CIP No. 3468
1"=20'
AH
AH
10/7/25
10/7/25
10/7/25TC
4 BLUEPRINT FOR A CLEAN BAY
N. MILPITAS BLVD
E. CALAVERAS BLVD
EX. PULL BOX
EX. COBBLESTONE
MEDIAN TO REMAIN
TOWN CENTER DR
E. CALAVERAS BLVD
EX. TRAFFIC
SIGNS
EX. PULL BOX
EX. BFP
PROTECT
IN PLACE
EX. COBBLESTONE
MEDIAN TO REMAIN
100'
9' 3'
16'
REPAINT EX. STAINED
CONCRETE
EX. IRRIGATION CONTROLLER
EX. PULL BOX
EX. TRAFFIC SIGNALA
A
S. HILLVIEW DR
E. CALAVERAS BLVD
100'
16'
MATCHLINE A
NOT FORCONSTRUCTION
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
CALAVERAS BLVD MEDIAN IMPROVEMENT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
10/7/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Lyhak Eam, P.E.
Public Works Division Manager - Engineering DATE: SHEET OF 7 CIP No. 3468
1"=20'
AH
AH
10/7/25
10/7/25
10/7/25TC
5 N
MATCHLINE A
MATCHLINE B MATCHLINE C
MATCHLINE B
N. MILPITAS BLVD TO S. HILLVIEW DR
E. CALAVERAS BLVD
S. HILLVIEW DR
EX. TRAFFIC
SIGNAL
EX. PULL BOX
EX. MANHOLE
EX. IRRIGATION CONTROLLER
REPAINT EX.
STAINED CONCRETE
100'
16'
E. CALAVERAS BLVDREMOVE AND
REPLACE IN KIND
EX. TRAFFIC SIGNS
EX. PULL BOX
EX. BFP PROTECT IN PLACE
100'
16' A
A
E. CALAVERAS BLVD
I-680
OVERPASS 100'
16'
NOT FORCONSTRUCTION
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
CALAVERAS BLVD MEDIAN IMPROVEMENT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
10/7/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Lyhak Eam, P.E.
Public Works Division Manager - Engineering DATE: SHEET OF 7 CIP No. 3468
1"=20'
AH
AH
10/7/25
10/7/25
10/7/25TC
6 MATCHLINE D
MATCHLINE D
MATCHLINE E MATCHLINE F
MATCHLINE EMATCHLINE C
N
S. HILLVIEW DR TO I-680 OVERPASS
E. CALAVERAS BLVD
EX. PULL BOX
EX. BFP
PROTECT
IN PLACE
REPAINT EX. STAINED
CONCRETE
EX. TRAFFIC
SIGNS
EX. TRAFFIC
SIGNS EX. TRAFFIC
SIGNS
I-680
OVEREPASS A
A
S. PARK VICTORIA DR
E. CALAVERAS BLVD
EX. PULL BOX
NOT FORCONSTRUCTION
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
CALAVERAS BLVD MEDIAN IMPROVEMENT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
10/7/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Lyhak Eam, P.E.
Public Works Division Manager - Engineering DATE: SHEET OF 7 CIP No. 3468
1"=20'
AH
AH
10/7/25
10/7/25
10/7/25TC
7 MATCHLINE G
MATCHLINE GMATCHLINE F
N
1"
16'
4'
WIDTH OF COBBLESTONE PATH
10'
LIMITS OF MEANDERING PATH
3' MIN
CLEARANCE
3' MIN
CLEARANCE
3" GRAVEL
4" CONCRETE BASE
EMBED COBBLESTONE 3/4" DEEP
1" MAX SEPARATION BETWEEN
THE TOP OF ADJACENT ROCK
SURFACES
MORTAR
SECTION A-A
MEDIAN COBBLESTONE SECTION
EX. CURB
MEDIAN COBBLESTONE SECTION NOTES:
1. COBBLE MUST MATCH EXISTING COBBLE.
2. CONTRACTOR SHALL SUBMIT SAMPLE AND A 3/X3
MOCK UP OF COBBLE TREATMENT FOR APPROVAL.
I-680 OVERPASS TO S. PARK VICTORIA DR
90% SUBGRADE
COMPACTIONINSTALL WEED
BARRIER
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING PROJECT PLANS AND SPECIFICATIONS; AUTHORIZING ADVERTISEMENT FOR BID PROPOSALS; AND APPROVING BUDGET
APPROPRIATION FOR CALAVERAS MEDIAN CONVERSION PROJECT, CIP NO. 3468
WHEREAS, the Median Conversion Project, CIP No. 3468 (“Project”) is in the adopted 2026- 2030 Capital Improvement Program (CIP); and provides for the design and construction to standardize the City’s maintained street medians and curbside planter areas with drought-tolerant plants, upgrade irrigation, and improved water efficiency to support the City’s Climate Action Plan and maintenance standards; and
WHEREAS, the Project’s top priority area is to improve the medians along Calaveras Boulevard from N. Milpitas Boulevard to N. Park Victoria Drive (located within Caltrans’ right-of-way and maintained by the City) by replacing the existing turf area with a continuous 4-foot-wide meandering cobblestone embedded in concrete with surrounding permeable gravel, protect the existing cobblestone paving, and restrain the existing concrete; and
WHEREAS, the Engineer’s Estimate for the Project is $900,000 and additional budget appropriation is necessary to fully fund the Project; and
WHEREAS, staff recommends the City Council approve the Project’s plans and specifications, authorize advertisement for bid proposal, and appropriate $360,000 from the General Government CIP Fund in Park & Street Landscape Irrigation Improvements, CIP No. 3449, and Annual Tree Replacement Program, CIP No. 3438 into the Project; and
WHEREAS, the Project entails operation, repair, maintenance and minor alteration of landscaping and hardscape features within an existing public right-of-way that involves negligible or no expansion of use which is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301.
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. The City Council hereby approves the Project Plans and Specifications.
3. The City Council hereby authorize advertisement for bid proposals.
4. The City Council hereby approves a budget appropriation in the amount of $360,000 from the General Government CIP Fund in Park & Street Landscape Irrigation, CIP No. 3449 Improvements and Annual Tree Replacement. CIP No. 3438 into Calaveras Median Conversion Project, CIP No. 3468.
2 Resolution No. ____
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 a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Chrisp Company, and Approve an Amendment to the Agreement with Hexagon Transportation Consultants, Inc. for Bicycle Improvement Project (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: 11/4/2025
Recommendation: Adopt a resolution to: (1) Approve the Project plans and specifications; (2) Award the construction contract to Chrisp Company in the amount of $620,412.75; (3) Authorize the City Manager, or designee, to award and execute the construction contract with Chrisp Company; (4) Authorize the Public Works Director, or designee, to negotiate and execute contract change order(s) in an aggregate amount not to exceed $180,000; and (5) Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Design Services Agreement with Hexagon Transportation Consultants, Inc. in an amount not-to-exceed $25,000 for Bicycle Improvement Project, CIP No. 4299.
BACKGROUND:
On January 23, 2024, the City Council adopted a resolution to execute a Fund Transfer Agreement with California Department of Transportation (Caltrans Agreement) to receive $1 million from the State through the Caltrans 2022 Priority Legislative Budget Project Earmarks to fund the Bicycle Improvement Project, CIP No. 4299 (Project). The Project is included in the FY2026-2030 Adopted Capital Improvement Program and provides for the design and improvement of existing bicycle facilities along the Abel Street, Main Street, and Milpitas Boulevard corridors which will improve bicyclist safety, reduce traffic stress for bicycle users, and promote bicycle use by eliminating facility gaps. These corridors are identified as high priority routes in the City’s adopted Trail, Pedestrian and Bicycle Master Plan to connect to historical downtown on Main Street, schools, and a key route that crosses railroad tracks and creeks. The Project workplan was presented to and approved by City Council on September 19, 2023.
The following is a summary of the base bid work:
• Abel Street Bridge: Install Class IV bike lanes (buffer zones). • Abel Street: Install green bike conflict zones from Redwood Avenue to Marylinn Drive. • Main Street: Restripe existing bike lanes from Weller Lane to Carlo Street. • Main Street: Install green bike conflict zones from Carlo Street to Great Mall Parkway. • North Milpitas Boulevard: Install Class IV bike lanes (buffer zones) from Abel Street to Calaveras Boulevard.
Staff included the following work as bid alternates in the event there was sufficient funding to award one or multiple alternates with the base scope.
• Alternate 1 - Abel Street: Install delineator posts in the buffer zone from Redwood Avenue to the Abel bridge.
• Alternate 2 - Abel Street: Restripe traffic lane lines between Marylinn Drive and Redwood Avenue. • Alternate 3 - North Milpitas Boulevard: Install delineator posts between Abel Street and Calaveras Boulevard.
• Alternate 4 - Main Street: Restripe traffic lane lines between Weller Lane and Carlo Street.
In accordance with City Municipal Code I-2-3.13 – Contracting for Consultants, a Request for Proposals (RFP 4299) to select a design consultant for the Project was released on June 25, 2024. RFP 4299 was
publicly posted on OpenGov Procurement, in accordance with City Municipal Code I-2-3.09 - Request for Proposals Procedure, and five (5) firms submitted their proposals. All submissions were evaluated and scored in accordance with the RFP criteria. Hexagon Transportation Consultants, Inc. was determined to be the best value proposer. On November 1, 2024, the City entered into a Design Services Agreement with Hexagon Transportation Consultants, Inc. to provide design services in a not-to-exceed amount of $99,850 for the Project.
ANALYSIS:
The Project was advertised on the City eProcurement system, OpenGov Procurement, digital construction trade publications on August 22, 2025, and in the Milpitas Post on August 22 and 29, 2025, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act. The Project was also posted at Milpitas City Hall, Sports Center, and Senior Center per City Council direction and Government Code section 36933. The bid opening was held on September 17, 2025, and two (2) sealed bids were received ranging in cost from $468,662.50 to $487,167.75 based on the Project Plans and Specifications (Attachment B). The Summary of Bid Results is as follows; detailed information regarding the bid results (Attachment C) are included in the agenda packet. The bid pricing submitted varies between 1% to 5% below the Engineer’s Construction Estimate of the Project’s base bid of $493,172.70 which aligns with current market conditions.
Bidder Base Bid
Bid
Alternate
No. 1
Bid
Alternate
No. 2
Bid
Alternate
No. 3
Bid
Alternate
No. 4
Engineer’s Estimate $493,172.70 $5,322.32 $39,304.00 $23,923.14 $20,768.75
Sterndahl Enterprises, LLC $468,662.50 $7,280.00 $28,458.75 $40,230.00 $16,490.00 Chrisp Company $487,167.75 $16,000.00 $27,125.00 $72,265.00 $17,855.00
The apparent lowest bidder was Sterndahl Enterprises, LLC (Sterndahl) who submitted a base bid in the amount of $468,662.50. Staff reviewed Sterndahl’s bid proposal and determined it to be non-responsive. As specified in Section 00 41 43 – Bid Forms, Sterndahl failed to acknowledge Addendum No.1 and did not provide a corporate seal under item 1.1 - Bid Acknowledgement and 1.10 - Bid Bond. Staff reviewed the bid proposal submitted by Chrisp Company, the apparent second lowest bidder, and found their bid proposal to be responsive.
Staff informed Sterndahl in writing of their non-responsive bid (Attachment D) and posted a Notice of Intent to Award (Attachment E) to Chrisp Company on OpenGov Procurement on September 23, 2025. The notice advised of the seven (7) calendar days allowed by City of Milpitas Municipal Code Section I-2-3.19 – Protest Procedure to submit a bid protest to the City; no bid protests were received by the 5:00 pm September 30, 2025, deadline. Therefore, staff recommends awarding a construction contract in the base bid amount of $487,167.75 plus alternate bid item nos. 1-4 in the amount of $133,245 for the total amount of $620,412.75 to Chrisp Company, the lowest responsible bidder submitting a responsive bid. There is sufficient funding available in the Project budget to award this contract and no additional funding appropriation is required.
As the Caltrans Agreement requires the City to expend the entire funding by June 30, 2026, after award of the construction contract, the remaining available funding in the Project is approximately $265,000, which will be used for contract administration, construction contingency, and design services. The construction contingency established for the Project is $180,000, which is approximately 29% of the total contract value, to address any unforeseen conditions that arise during construction. As previously approved for the successful completion of recent projects with tight completion schedules, staff is requesting the use of the same change order policy used for previous projects (Attachment F). This policy allows for timely completion of the Project, while addressing the need to respond swiftly to construction conditions and approve necessary change orders to limit potential claims or risks to the City.
Staff also recommends the approval of Amendment No. 1 to the Design Service Agreement with Hexagon Transportation Consultants, Inc. (Attachment G) to provide additional design services for the restriping of Main Street and installation of the bike detection lights. Staff has negotiated a scope and fee for Amendment
No. 1 in a not-to-exceed amount of $25,000, which will increase compensation of the Agreement from $99,850 to $124,850. No additional funding appropriation is required for Amendment No. 1.
POLICY ALTERNATIVE(S):
Alternative: Do not approve the Project’s plans and specifications and award the construction contract to Chrisp Company.
Pros: None.
Cons: A denial would delay the necessary improvements to existing bicycle facilities to improve bicyclist safety, reduce traffic stress for bicycle users, and promote bicycle use by eliminating facility gaps as identified in the City’s adopted Trail, Pedestrian and Bicycle Master Plan.
Reason for Not Recommending: Not awarding the construction contract will risk not expending the remaining funding of $886,250 by June 30, 2026 as specified in the Caltrans Agreement. Any unspent funding will subsequently be relinquished by the City and thereby forego an opportunity to invest in improving the City’s bicycle lane infrastructure.
PROJECT SCHEDULE/KEY MILESTONES:
The Project is anticipated to start in late Winter 2026 and to be completed by Spring 2026 to meet the expenditure deadline stipulated in the Caltrans Agreement.
FISCAL IMPACT:
This project is entirely funded with State funding. No local City funding is included in this project. The City Council approved the Caltrans Agreement and received $1 million from the State through the Caltrans 2022 Priority Legislative Budget Project Earmarks to fund the work. Adequate funds are available in the Project and no additional funding is required. As of September 30, 2025, the available funding for the Project is $886,250.
Summary of Estimated Construction Expenditures
Construction Contract
Base Bid $487,167.75
Bid Alternates 1, 2, 3 & 4 $133,245.00
29% Contingency $180,000.00
Design Amendment No. 1 $25,000.00
Total Construction Cost $825,412.75
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The Project entails operation, repair, maintenance and minor alteration of existing facilities that involves negligible or no expansion of use and do not create additional automobile lanes which is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301. The Notice of Exception was filed with the County of Santa Clara on November 4, 2024.
The Project also entails pedestrian and bicycle facilities that improve safety, access, and/or mobility within the public right of way, and therefore is exempt from CEQA review pursuant to Pub. Resources Code, § 21080.25(b)
ATTACHMENT(S):
(a) Resolution
(b) Approved Plans and Specifications
(c) Bid Tabulation
(d) City’s Letter to Sterndahl Enterprises, LLC.
(e) Notice of Intent to Award
(f) Construction Change Order Policy
(g) Design Amendment No. 1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE PROJECT PLANS AND SPECIFICATIONS; AWARDING
CONSTRUCTION CONTRACT TO THE LOWEST RESPONSIBLE BIDDER
SUBMITTING A RESPONSIVE BID, CHRIP COMPANY IN A TOTAL AMOUNT OF $620,412.75; AUTHORIZE THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE CONSTRUCTION CONTRACT WITH CHRISP COMPANY;
AUTHORIZING THE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO
NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN
AGGREGATE AMOUNT NOT TO EXCEED $180,000.00; AND APPROVE AND
AUTHORIZE THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
AMENDMENT NO. 1 TO THE DESIGN SERVICES AGREEMENT WITH
HEXAGON TRANSPORTATION CONSULTANTS, INC. IN THE AMOUNT OF $25,000 FOR BICYCLE IMPROVEMENT PROJECT, CIP NO. 4299.
WHEREAS, The Bicycle Improvement Project, CIP No. 4299 (“Project”) is included the FY2026-2030 Adopted Capital Improvement Program and provides for the design and improvement of existing bicycle facilities along the Abel Street, Main Street, and Milpitas Boulevard corridors which will improve bicyclist safety, reduce traffic stress for bicycle users, and promote bicycle use by eliminating facility gaps by restriping bike and traffic lane lines and pavement markings, installing green bike conflict zones and delineator posts, and upgrading the bike lanes from an existing identification Class 2 to either a Class 2b or 4, where feasible; and
WHEREAS, On September 19, 2023, City Council approved the workplan along Abel Street, Main Street, and Milpitas Boulevard corridors for the Project; and
WHEREAS, On January 23, 2024, the City Council adopted a resolution to execute a Fund Transfer Agreement with California Department of Transportation (“Caltrans Agreement”) to receive $1 million from the State through the Caltrans 2022 Priority Legislative Budget Project Earmarks to fund the Project; and
WHEREAS, the Project was advertised on City’s eProcurement system, OpenGov Procurement and digital construction trade publications on August 22, 2025, and in the Milpitas Post on August 22 and 29, 2025, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act; and posted at Milpitas City Hall, Sports Center, and Senior Center as per City Council direction and Government Code section 36933; and
WHEREAS, the Engineer’s Estimate for the Project’s Base Bid is $493,172.70; Bid Alternate No. 1 is $5,322.32; Bid Alternate No. 2 is $39,304.00; Bid Alternate No. 3 is $23,923.14; and Bid Alternate No. 4 is $20,768.75; and
WHEREAS, on September 17, 2025, two (2) sealed bid proposals were received and the base bid pricing ranged from $468,662.50 to $487,167.75; and
WHEREAS, Sterndahl Enterprises, LLC.’s bid proposal was the apparent lowest bid, but was deemed non-responsive because the bid did not meet requirements set forth in the Project bid documents which Sterndahl Enterprises, LLC, Inc. was notified by certified mail on September 23, 2025; and
2 Resolution No. ____
WHEREAS, the lowest responsible bidder submitting a responsive bid is Chrisp Company in the base bid amount of $487,167.75; and
WHEREAS, the Notice of Intent to Award Contract to Chrisp Company was posted on OpenGov Procurement and no bid protest was filed with the City within seven (7) days of the posting as set forth in the Milpitas Municipal Code 1-2-3.19; and
WHEREAS, staff recommends the City Council award a construction contract to Crisp Company, the lowest responsible bidder submitting a responsive bid for the Project, and authorize the City Manager or designee to execute a contract for the base bid and Alternate Bid Items 1, 2, 3, and 4 in the amount of $620,412.75in accordance with State law; and
WHEREAS, sufficient funds are available in the Project budget to award Chrisp Company in in the total amounts of $620,412.75; and
WHEREAS, staff recommends the City Council authorize the Public Works Director to negotiate and execute change order(s) in an amount not to exceed $180,000, twenty-nine percent (29%) of the total contract value, to restripe the bike and traffic lanes lines and pavement marking along Main Street from Carlo Street to Great Mall Parkway, install bike detection lights at the intersections along N. Milpitas Boulevard intersections and for the Project’s timely completion, and staff’s capability to respond swiftly to unanticipated construction conditions to limit potential claims or risk to the City; and
WHEREAS, staff recommends the City Council approve the project plans and specifications; and
WHEREAS, staff recommends the City Council authorize the City Manager, or designee, to execute Amendment No. 1 to the Design Services Agreement with Hexagon Transportation Consultants, Inc. in the amount not to exceed $25,000 to provide additional design services for the restriping of along Main Street from Carlo Street to Great Mall Parkway and the installation of bike detection lights along S.
Milpitas Boulevard intersections; and
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. The City Council hereby approves the Project’s plans and specifications.
3. The City Council hereby awards the construction contract to and authorizes the City Manager, or designee, to execute the contract and related documents with the lowest responsible bidder submitting a responsive bid, Chrisp Company, in the amount of $620,412.75 for the Project. The City Manager or designee is authorized to execute a contract with Innovative Construction Solutions not to exceed this amount and take all necessary actions to effectuate this award.
4. The Public Works Director, or designee, is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $180,000.00 for the Project.
3 Resolution No. ____
5. The City Manager, or designee, is hereby authorized to execute Amendment No. 1 to the design services agreement with Hexagon Transportation Consultants, Inc in the amount of, not to exceed, $25,000.
PASSED AND ADOPTED this 4 th day of November, 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
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
BICYCLE IMPROVEMENT PROJECT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
7/31/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE:
APPROVAL FOR BIDDING BY:
Michael Silveira, P.E.
City Engineer DATE: SHEET ____ OF 18
CIP No. 4299
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
100 Century Center Court, Suite 501
San Jose, California 95112
Ph: (408) 971-6100 www.hextrans.com
C 92892
EXP. 12/31/25
LI
IC V
ST
TA
E
O
F
CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
TIMOTHY
W
.
CHANG
T-1
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
1 SIGNING AND STRIPING PLANS
BICYCLE IMPROVEMENT PROJECT
MILPITAS, CALIFORNIA
CIP NO. 4299
COVER SHEET
08/19/2025
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
BICYCLE IMPROVEMENT PROJECT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
7/31/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: SHEET ____ OF 18 CIP No. 4299
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
ϭϬϬĞŶƚƵƌLJĞŶƚĞƌŽƵƌƚ͕^ƵŝƚĞϱϬϭ
^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂϵϱϭϭϮ
WŚ͗;ϰϬϴͿϵϳϭͲϲϭϬϬ ǁǁǁ͘ŚĞdžƚƌĂŶƐ͘ĐŽŵ
C 92892
EXP. 12/31/25
LI
IC
V
ST
TA
E
O
F
CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
TIMOTHY
W
.
CHANG
GN-1
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
2 “ ”
GENERAL NOTES
08/19/2025
3535
DZz>/EE
Z/s
>^dZ
d
35 35
Z
tKK
s
Eh
>^dZ
d
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
BICYCLE IMPROVEMENT PROJECT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
7/31/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: SHEET ____ OF 18 CIP No. 4299
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
ϭϬϬĞŶƚƵƌLJĞŶƚĞƌŽƵƌƚ͕^ƵŝƚĞϱϬϭ
^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂϵϱϭϭϮ
WŚ͗;ϰϬϴͿϵϳϭͲϲϭϬϬ ǁǁǁ͘ŚĞdžƚƌĂŶƐ͘ĐŽŵ
C 92892
EXP. 12/31/25
LI
IC
V
ST
TA
E
O
F
CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
TIMOTHY
W
.
CHANG
SS-1
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
MATCH LINE A-A, SEE SHEET SS-2
3 DETAIL 1
DETAIL 2
ABEL STREET BETWEEN MARYLINN DRIVE AND
REDWOOD AVENUE
08/19/2025
>^dZ
d
>^dZ
d
>^dZ
d
E͘D/>W/d^
Kh>
sZ
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
BICYCLE IMPROVEMENT PROJECT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
7/31/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: SHEET ____ OF 18 CIP No. 4299
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
ϭϬϬĞŶƚƵƌLJĞŶƚĞƌŽƵƌƚ͕^ƵŝƚĞϱϬϭ
^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂϵϱϭϭϮ
WŚ͗;ϰϬϴͿϵϳϭͲϲϭϬϬ ǁǁǁ͘ŚĞdžƚƌĂŶƐ͘ĐŽŵ
C 92892
EXP. 12/31/25
LI
IC
V
ST
TA
E
O
F
CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
TIMOTHY
W
.
CHANG
SS-2
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
MATCH LINE A-A, SEE SHEET SS-1
MATCH LINE B-B, SEE BELOW LEFT
MATCH LINE C-C, SEE BELOW LEFT
MATCH LINE B-B, SEE ABOVE RIGHT
MATCH LINE C-C, SEE ABOVE RIGHT
4 ABEL STREET BETWEEN REDWOOD AVENUE AND
MILPITAS BOULEVARD
08/19/2025
t
>>
Z
>E
D/E^dZ
d
DZz>/EE
Z/s
Z>K
^dZ
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t>s
Z^
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sZ;tͿ
t>s
Z^
Kh>
sZ;
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D/E^dZ
d
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
BICYCLE IMPROVEMENT PROJECT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
7/31/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: SHEET ____ OF 18 CIP No. 4299
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
ϭϬϬĞŶƚƵƌLJĞŶƚĞƌŽƵƌƚ͕^ƵŝƚĞϱϬϭ
^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂϵϱϭϭϮ
WŚ͗;ϰϬϴͿϵϳϭͲϲϭϬϬ ǁǁǁ͘ŚĞdžƚƌĂŶƐ͘ĐŽŵ
C 92892
EXP. 12/31/25
LI
IC
V
ST
TA
E
O
F
CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
TIMOTHY
W
.
CHANG
SS-3
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
t>s
Z^
Kh>
sZ
MATCH LINE D-D, SEE ABOVE RIGHT
MATCH LINE D-D, SEE BELOW LEFT
5 MAIN STREET BETWEEN WELLER LANE AND CARLO STREET
08/19/2025
30 ^
ZZ
tz
Z>K^dZ
d
D/E^dZ
d
SLOW
D/E^dZ
d
XING
D/E^dZ
d
^/EEKdd
>E
30 SLOW
SCHOOL D/E^dZ
d
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
BICYCLE IMPROVEMENT PROJECT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
7/31/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: SHEET ____ OF 18 CIP No. 4299
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
ϭϬϬĞŶƚƵƌLJĞŶƚĞƌŽƵƌƚ͕^ƵŝƚĞϱϬϭ
^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂϵϱϭϭϮ
WŚ͗;ϰϬϴͿϵϳϭͲϲϭϬϬ ǁǁǁ͘ŚĞdžƚƌĂŶƐ͘ĐŽŵ
C 92892
EXP. 12/31/25
LI
IC
V
ST
TA
E
O
F
CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
TIMOTHY
W
.
CHANG
SS-4
6 AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
MATCH LINE E-E, SEE BELOW LEFT
MATCH LINE E-E, SEE ABOVE RIGHT
MATCH LINE F-F, SEE BELOW LEFT
KZE/E'
s
Eh
MATCH LINE F-F, SEE ABOVE RIGHT
SEE SHEET SS-5 FOR CONTINUATION
MAIN STREET BETWEEN CARLO STREET AND
CORNING AVENUE
08/19/2025
35 35
CLEAR
KEEPCLEAR
KEEP
t͘hZd/^
s
Eh
D/E^dZ
d
D/E^dZ
d
R
RR
R
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R
'Z
dD>>
Z/s
D/E^dZ
d
D/E^dZ
d
'Z
dD>>
WZ<tz
D/E^dZ
d
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
BICYCLE IMPROVEMENT PROJECT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
7/31/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: SHEET ____ OF 18 CIP No. 4299
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
ϭϬϬĞŶƚƵƌLJĞŶƚĞƌŽƵƌƚ͕^ƵŝƚĞϱϬϭ
^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂϵϱϭϭϮ
WŚ͗;ϰϬϴͿϵϳϭͲϲϭϬϬ ǁǁǁ͘ŚĞdžƚƌĂŶƐ͘ĐŽŵ
C 92892
EXP. 12/31/25
LI
IC
V
ST
TA
E
O
F
CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
TIMOTHY
W
.
CHANG
SS-5
7 AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
MATCH LINE G-G, SEE BELOW LEFT
MATCH LINE G-G, SEE ABOVE RIGHT
MATCH LINE H-H, SEE BELOW LEFT
MATCH LINE H-H, SEE ABOVE RIGHT
SEE SHEET SS-4 FOR CONTINUATION
MAIN STREET BETWEEN CORNING AVENUE AND
GREAT MALL PARKWAY
08/19/2025
E͘D/>W/d^
Kh>
sZ
Z/
Z/s
>
^dZ
d
E͘D/>W/d^Kh>
sZ
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
BICYCLE IMPROVEMENT PROJECT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
7/31/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: SHEET ____ OF 18 CIP No. 4299
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
ϭϬϬĞŶƚƵƌLJĞŶƚĞƌŽƵƌƚ͕^ƵŝƚĞϱϬϭ
^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂϵϱϭϭϮ
WŚ͗;ϰϬϴͿϵϳϭͲϲϭϬϬ ǁǁǁ͘ŚĞdžƚƌĂŶƐ͘ĐŽŵ
C 92892
EXP. 12/31/25
LI
IC
V
ST
TA
E
O
F
CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
TIMOTHY
W
.
CHANG
SS-6
8 AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
MATCH LINE I-I, SEE ABOVE RIGHT
dZDtz
Z/s
Ks
EdZz
tz
MATCH LINE I-I, SEE BELOW LEFT
MATCH LINE J-J, SEE SHEET SS-7
Ks
EdZz
/Z>
MILPITAS BOULEVARD BETWEEN ABEL STREET AND
TRAMWAY DRIVE
08/19/2025
&K>^KD
Z/s
E͘D/>W/d^Kh>
sZ
^h
>
WZ<tz
W/d^sZ
E͘D/>W/d^Kh>
sZ
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
BICYCLE IMPROVEMENT PROJECT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
7/31/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: SHEET ____ OF 18 CIP No. 4299
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
ϭϬϬĞŶƚƵƌLJĞŶƚĞƌŽƵƌƚ͕^ƵŝƚĞϱϬϭ
^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂϵϱϭϭϮ
WŚ͗;ϰϬϴͿϵϳϭͲϲϭϬϬ ǁǁǁ͘ŚĞdžƚƌĂŶƐ͘ĐŽŵ
C 92892
EXP. 12/31/25
LI
IC
V
ST
TA
E
O
F
CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
TIMOTHY
W
.
CHANG
SS-7
9 AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
MATCH LINE K-K, SEE BELOW LEFT
MATCH LINE K-K, SEE ABOVE RIGHT
MATCH LINE L-L, SEE SHEET SS-8
MATCH LINE J-J, SEE SHEET SS-6
MILPITAS BOULEVARD BETWEEN TRAMWAY DRIVE AND
ESCUELA PARKWAY
08/19/2025
E͘D/>W/d^
Kh>
sZ
STOP
STOP
E͘D/>W/d^
Kh>
sZ
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
BICYCLE IMPROVEMENT PROJECT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
7/31/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: SHEET ____ OF 18 CIP No. 4299
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
ϭϬϬĞŶƚƵƌLJĞŶƚĞƌŽƵƌƚ͕^ƵŝƚĞϱϬϭ
^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂϵϱϭϭϮ
WŚ͗;ϰϬϴͿϵϳϭͲϲϭϬϬ ǁǁǁ͘ŚĞdžƚƌĂŶƐ͘ĐŽŵ
C 92892
EXP. 12/31/25
LI
IC
V
ST
TA
E
O
F
CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
TIMOTHY
W
.
CHANG
SS-8
10 AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
Z
^&KZKhZd
dKtE
Ed
ZZ/s
^/>s
Z><
Z/s
MATCH LINE L-L, SEE SHEET SS-7
MATCH LINE M-M, SEE BELOW LEFT
MATCH LINE M-M, SEE ABOVE RIGHT
MATCH LINE N-N, SEE SHEET SS-9
MILPITAS BOULEVARD BETWEEN ESCUELA PARKWAY AND
TOWNCENTER DRIVE/BERESFORD COURT
08/19/2025
STOP
͘>s
Z^Kh>
sZ;^ZϮϯϳͿ
E͘D/>W/d^
Kh>
sZ
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
BICYCLE IMPROVEMENT PROJECT
PAGE NO.RECOMMENDED FOR BIDDING BY:
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings
Designer Stamp: CITY OF MILPITAS
ENGINEERING DIVISION
7/31/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: SHEET ____ OF 18 CIP No. 4299
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
ϭϬϬĞŶƚƵƌLJĞŶƚĞƌŽƵƌƚ͕^ƵŝƚĞϱϬϭ
^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂϵϱϭϭϮ
WŚ͗;ϰϬϴͿϵϳϭͲϲϭϬϬ ǁǁǁ͘ŚĞdžƚƌĂŶƐ͘ĐŽŵ
C 92892
EXP. 12/31/25
LI
IC
V
ST
TA
E
O
F
CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
TIMOTHY
W
.
CHANG
SS-9
11 AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
MATCH LINE N-N, SEE SHEET SS-8
MILPITAS BOULEVARD BETWEEN TOWNCENTER
DRIVE/BERESFORD COURT AND E. CALAVERAS BOULEVARD
08/19/2025
ABEL STREET
ABEL STREET
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
PAGE NO.
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings CITY OF MILPITAS
ENGINEERING DIVISION
8/4/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
SHEET OF 18
AH
AH
RA
8/4/25
8/4/25
8/4/25
1" = 30'
RECOMMENDED FOR BIDDING BY:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE:
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
MATCH LINE A-A, SEE BELOW LEFT
MATCH LINE A-A, SEE ABOVE RIGHT
12 ABEL STREET BETWEEN REDWOOD AVENUE AND
MILPITAS BOULEVARD
STRIPING PLAN
(ADDITIVE ALTERNATIVE 1)
BID ALTERNATIVE 1
08/19/2025
MARYLINN
DRIVE
ABEL STREET
REDWOOD
AVENUE
ABEL STREET
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
PAGE NO.
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings CITY OF MILPITAS
ENGINEERING DIVISION
8/4/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
SHEET OF 18
AH
AH
RA
8/4/25
8/4/25
8/4/25
1" = 30'
RECOMMENDED FOR BIDDING BY:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE:
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
13 ABEL STREET BETWEEN MARYLINN DRIVE AND
REDWOOD AVENUE
STRIPING PLAN
(ADDITIVE ALTERNATIVE 2)
BID ALTERNATIVE 2
MATCH LINE A-A, SEE BELOW LEFT
MATCH LINE A-A, SEE ABOVE RIGHT
08/19/2025
N. MILPITAS
BOULEVARD
ERIEDRIVE
ABEL
STREET
N. MILPITASBOULEVARD
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
PAGE NO.
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings CITY OF MILPITAS
ENGINEERING DIVISION
8/4/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
SHEET OF 18
AH
AH
RA
8/4/25
8/4/25
8/4/25
1" = 30'
RECOMMENDED FOR BIDDING BY:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: 14
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
MATCH LINE I-I, SEE ABOVE RIGHT
TRAMWAY
DRIVE
COVENTRY
WAY
MATCH LINE I-I, SEE BELOW LEFT
MATCH LINE J-J, SEE SHEET SS-7
COVENTRY
CIRCLE
STRIPING PLAN
(ADDITIVE ALTERNATIVE 3)
MILPITAS BOULEVARD BETWEEN ABEL STREET AND
TRAMWAY DRIVE
BID ALTERNATIVE 3
08/19/2025
FOLSOM
DRIVE
N. MILPITASBOULEVARD
ESCUELA
PARKWAY
PITASVARD
N. MILPITASBOULEVARD
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
PAGE NO.
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings CITY OF MILPITAS
ENGINEERING DIVISION
8/4/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
SHEET OF 18
AH
AH
RA
8/4/25
8/4/25
8/4/25
1" = 30'
RECOMMENDED FOR BIDDING BY:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: 15
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
MATCH LINE K-K, SEE BELOW LEFT
MATCH LINE K-K, SEE ABOVE RIGHT
MATCH LINE L-L, SEE SHEET SS-8
MATCH LINE J-J, SEE SHEET SS-6
MILPITAS BOULEVARD BETWEEN TRAMWAY DRIVE AND
ESCUELA PARKWAY
STRIPING PLAN
(ADDITIVE ALTERNATIVE 3)
BID ALTERNATIVE 3
08/19/2025
N. MILPITAS
BOULEVARD
STOP
STOP
N. MILPITAS
BOULEVARD
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
PAGE NO.
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings CITY OF MILPITAS
ENGINEERING DIVISION
8/4/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
SHEET OF 18
AH
AH
RA
8/4/25
8/4/25
8/4/25
1" = 30'
RECOMMENDED FOR BIDDING BY:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: 16
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
BERESFORDCOURT
TOWNCENTERDRIVE
SILVERLAKE
DRIVE
MATCH LINE L-L, SEE SHEET SS-7
MATCH LINE M-M, SEE BELOW LEFT
MATCH LINE M-M, SEE ABOVE RIGHT
MATCH LINE N-N, SEE SHEET SS-9
MILPITAS BOULEVARD BETWEEN ESCUELA PARKWAY AND
TOWNCENTER DRIVE/BERESFORD COURT
STRIPING PLAN
(ADDITIVE ALTERNATIVE 3)
BID ALTERNATIVE 3
08/19/2025
STOP
E. CALAVERASBOULEVARD (SR 237)
N. MILPITAS
BOULEVARD
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
PAGE NO.
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings CITY OF MILPITAS
ENGINEERING DIVISION
8/4/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
SHEET OF 18
AH
AH
RA
8/4/25
8/4/25
8/4/25
1" = 30'
RECOMMENDED FOR BIDDING BY:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: 17
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
MATCH LINE N-N, SEE SHEET SS-8
MILPITAS BOULEVARD BETWEEN TOWNCENTER
DRIVE/BERESFORD COURT AND E. CALAVERAS BOULEVARD
STRIPING PLAN
(ADDITIVE ALTERNATIVE 3)
BID ALTERNATIVE 3
08/19/2025
WELLER LN
N
MAIN ST
CARLO ST
N
Date:
Check By:
Designed By:
Rec Dwg No.
SCALE:
CITY PROJECT NO.
PAGE NO.
Date:Engr. Aprv.DescriptionNum.
Revisions
Drawn By:
Date:
Date:Designer:
Public Works Inspector:
Utility / Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
Date:
Date:
Date:
Date:
Res. No.
Record Drawings CITY OF MILPITAS
ENGINEERING DIVISION
8/4/2025
OF
TY CI
ITAS
L
M
I
P
CALIFORNIA
JANUARY 26, 1954
INCORPORATED
DATE:
SHEET OF 18
AH
AH
RA
8/4/25
8/4/25
8/4/25 1" = 30'
RECOMMENDED FOR BIDDING BY:
Roberto Alonzo, P.E.
Public Works Division Manager - Engineering DATE: 18
STRIPING PLAN
(ADDITIVE ALTERNATIVE 4)
MAIN STREET BETWEEN WELLER LN AND CARLO ST
BID ALTERNATIVE 4
MATCH LINE A-A, SEE BELOW LEFT
MATCH LINE A-A, SEE ABOVE RIGHT
08/19/2025
BICYCLE IMPROVEMENT PROJECT, CIP 4299
Bid Results from 9/17/2025 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 21,224.90 $ $2 1,224.90 23,000.00 $ 23,000.00 $ 18,000.00 $ 18,000.00 $ 2 Neighborhood Notification LS 1 - $ $0.00 5,000.00 $ 5,000.00 $ 4,650.00 $ 4,650.00 $ 3 Traffic Control (10% Maximum) LS 1 42,449.80 $ $42,449.80 46,000.00 $ 46,000.00 $ 45,000.00 $ 45,000.00 $ 4 Water Pollution Control Program LS 1 5,000.00 $ $5,000.00 3,500.00 $ 3,500.00 $ 2,700.00 $ 2,700.00 $ 5 Pavement Marking (Green Thermoplastic Materials) SF 11,655 18.50 $ $215,617.50 22.00 $ 256,410.00 $ 16.00 $ 186,480.00 $ 6 Pavement Legend, Arrow Type IV (Thermoplastic Mate rials) EA 6 300.00 $ $1,800.00 250.00 $ 1,500.00 $ 150.00 $ 900.00 $ 7 Pavement Legend, “30” or “35” (Thermoplastic Mater ials) EA 2 390.00 $ $780.00 250.00 $ 500.00 $ 140.00 $ 280.00 $ 8 Pavement Legend, Bike Detector Symbol (Thermoplast ic Materials) EA 1 74.00 $ $74.00 350.0 0 $ 350.00 $ 1 10.00 $ 110.00 $ 9 Pavement Legend, Bike Lane Legend and Arrow (Therm oplastic Materials) EA 33 300.00 $ $9,900 .00 400.00 $ 13,200.00 $ 210.00 $ 6,930.00 $ 10 Pavement Legend, Sharrows (Thermoplastic Material s) EA 17 360.00 $ $6,120.00 350.00 $ 5,950.00 $ 210.00 $ 3,570.00 $ 11 Pavement Legend, Yield Line Triangle (Thermoplast ic Materials) EA 16 70.00 $ $1,120.00 1 00.00 $ 1,600.00 $ 24.00 $ 384.00 $ 12 Sign Post Install EA 22 440.00 $ $9,680 .00 300.00 $ 6,600.00 $ 665.00 $ 14,630.00 $ 13 Sign Post Remove EA 9 175.00 $ $1,575.0 0 200.00 $ 1,800.00 $ 150.00 $ 1,350.00 $ 14 Sign Panel Install EA 30 260.00 $ $7,80 0.00 150.00 $ 4,500.00 $ 275.00 $ 8,250.00 $ 15 Sign Panel Remove EA 7 110.00 $ $770.00 100.00 $ 700.00 $ 85.00 $ 595.00 $ 16 Sign Panel Relocate (Remove and Reinstall) EA 8 200. 00 $ $1,600.00 200.00 $ 1,6 00.00 $ 675.00 $ 5, 400.00 $ 17 Portable Changeable Message Signs EA 6 3,200.00 $ $19,200.00 3,500.00 $ 21,000.00 $ 3,000.00 $ 18,000.00 $ 18 Traffic Signal Modification (Reprogramming of Video Detection, per intersection) EA 3 5,000.00 $ $15,000.00 1,700.00 $ 5,100.00 $ $ 9,500 (*) 28,500.00 $ 19 Traffic Stripe – Detail 9 (Thermoplastic Material s) LF 4,725 1.60 $ $7,560.00 1.50 $ 7,087.50 $ 1.7 5 $ 8,268.75 $ 20 Traffic Stripe – Detail 25 (Thermoplastic Materia ls) LF 4,240 2.80 $ $11,872.00 2.00 $ 8,480.00 $ 2 .25 $ 9,540.00 $ 21 Traffic Stripe – Detail 27B (Thermoplastic Materi als) LF 2,665 2.45 $ $6,529.25 2.00 $ 5,330.00 $ 2 .00 $ 5,330.00 $ 22 Traffic Stripe – Detail 38 (Thermoplastic Materia ls) LF 1,170 3.00 $ $3,510.00 3.00 $ 3,510.00 $ 5. 00 $ 5,850.00 $ 23 Traffic Stripe – Detail 39 (Thermoplastic Materia ls) LF 975 3.50 $ $3,412.50 1.25 $ 1,218.75 $ 2.00 $ 1,950.00 $ 24 Traffic Stripe – Detail 39A (Thermoplastic Materi als) LF 6,775 2.05 $ $13,888.75 1.25 $ 8,468.75 $ 2.00 $ 13,550.00 $ 25 Traffic Stripe – Detail 40 (Thermoplastic Materia ls) LF 100 3.20 $ $320.00 10.00 $ 1,000.00 $ 3.00 $ 300.00 $ 26 Traffic Stripe, 12” White (Thermoplastic Material s) LF 220 6.20 $ $1,364.00 10.00 $ 2,200.00 $ 10.00 $ 2,200.00 $ 27 Traffic Stripe, Bike Buffer (Thermoplastic Materi als) LF 9,445 9.00 $ $85,005.00 3.50 $ 33,057.50 $ 10.00 $ 94,450.00 $ Subcontractor Electrical
NOTE: Asterick (*) mark shows the submitted bid amount of $9,50.00 in Chrisp Company's Bid was corrected by City staff to $9,500.00 to reflect the intended value.
CHRISP COMPANY
CITY OF MILPITAS
Apparent Lowest Base Bid
BID ITEMS ENGINEER ESTIMATE STERNDAHL ENTERPRISES, LLC.
Total Base Bid Amount: 493,172.70 $ 468,662.50 $ 487,167.75 $ None Ray Electric
TOTALS
ITEM NO ITEM DESCRIPTION UNIT TOTAL
QUANTITY Unit Price Total Unit Price Total Unit Price Total 31 Delineator and Quarter Turn Base EA 40 133.06 $ $5,322.32 182.00 $ $7,280.00 400.00 $ $16,000.00 ADDITIVE ALTERNATE NO.1 - TOTAL $5,322.32 $7,280.00 $16,000.00 TOTALS
ITEM NO ITEM DESCRIPTION UNIT TOTAL
QUANTITY Unit Price Total Unit Price Total Unit Price Total 5 Pavement Marking (Green
Thermoplastic Materials) SF 405 18.50 $ $7,492.50 22.00 $ $8,910.00 16.00 $ $6,480.00 6 Pavement Legend, Arrow Type IV
(Thermoplastic Materials) EA 4 300.00 $ $1,200.00 250.00 $ $1,000.00 150.00 $ $600.00 7 Pavement Legend, “30” or “35”
(Thermoplastic Materials EA 4 390.00 $ $1,560.00 250.00 $ $1,000.00 140.00 $ $560.00 8 Pavement Legend, Bike Detector
Symbol (Thermoplastic Materials) EA 3 74.00 $ $222.00 350.00 $ $1,050.00 110.00 $ $330.00 9 Pavement Legend, Bike Lane Legend
and Arrow (Thermoplastic Materials) EA 3 300.00 $ $900.00 400.00 $ $1,200.00 210.00 $ $630.00 19 Traffic Stripe – Detail 9 (Thermoplastic
Materials) LF 2400 1.60 $ $3,840.00 1.50 $ $3,600.00 1.75 $ $4,200.00 21 Traffic Stripe – Detail 27B
(Thermoplastic Materials) LF 1580 2.45 $ $3,871.00 2.00 $ $3,160.00 2.00 $ $3,160.00 22 Traffic Stripe – Detail 38
(Thermoplastic Materials) LF 210 3.00 $ $630.00 3.00 $ $630.00 5.00 $ $1,050.00 23 Traffic Stripe – Detail 39
(Thermoplastic Materials) LF 1975 3.50 $ $6,912.50 1.25 $ $2,468.75 2.00 $ $3,950.00 24 Traffic Stripe – Detail 39A
(Thermoplastic Materials) LF 160 2.05 $ $328.00 1.25 $ $200.00 2.00 $ $320.00 26 Traffic Stripe, 12” White
(Thermoplastic Materials) LF 40 6.20 $ $248.00 10.00 $ $400.00 10.00 $ $400.00 28 Traffic Stripe – Detail 22
(Thermoplastic Materials) LF 1210 10.00 $ $12,100.00 4.00 $ $4,840.00 4.50 $ $5,445.00 ADDITIVE ALTERNATE NO.2 - TOTAL $39,304.00 $28,458.75 $27,125.00 TOTALS
ITEM NO ITEM DESCRIPTION UNIT TOTAL
QUANTITY Unit Price Total Unit Price Total Unit Price Total 31 Delineator and Quarter Turn Base EA 149 160.56 $ $23,923.14 270.00 $ $40,230.00 485.00 $ $72,265.00 ADDITIVE ALTERNATE NO.3 - TOTAL $23,923.14 $40,230.00 $72,265.00 TOTALS
ITEM NO ITEM DESCRIPTION UNIT TOTAL
QUANTITY Unit Price Total Unit Price Total Unit Price Total 21 Traffic Stripe – Detail 27B
(Thermoplastic Materials) LF 175 2.45 $
$428.75 2.00 $ $350.00 2.00 $ $350.00 22 Traffic Stripe – Detail 38
(Thermoplastic Materials) LF 300 3.00 $
$900.00 2.50 $ $750.00 5.00 $ $1,500.00 26 Traffic Stripe, 12” White
(Thermoplastic Materials) LF 1200 6.20 $
$7,440.00 10.00 $ $12,000.00 10.00 $ $12,000.00 28 Traffic Stripe – Detail 22
(Thermoplastic Materials) LF 180 10.00 $
$1,800.00 4.00 $ $720 (**) 4.50 $ $810.00 29 Traffic Stripe – Detail 25A
(Thermoplastic Materials) LF 810 10.00 $
$8,100.00 2.00 $ $1,620.00 2.00 $ $1,620.00 30 Traffic Stripe – Detail 32
(Thermoplastic Materials) LF 175 12.00 $
$2,100.00 6.00 $ $1,050.00 9.00 $ $1,575.00 ADDITIVE ALTERNATE NO.4 - TOTAL $20,768.75 $17,855.00
CHRISP COMPANY
NOTE: Asterick (**) mark shows submitted Bid proposal was Mathematically corrected by City Staff: in Sterndahl Enterprises LLC’s bid, the Item 28 total under Bid Alternate 4 was submitted as $640.00 and corrected to $720.00; the Bid Alternate 4 total was submitted as $16,410.00 and corrected to $16,490.00. $16,490.00 (**)
ADDITIVE ALTERNATE NO.3
BID ITEMS ENGINEER ESTIMATE STERNDAHL ENTERPRISES, LLC. CHRISP COMPANY ENGINEER ESTIMATE STERNDAHL ENTERPRISES, LLC. CHRISP COMPANY ADDITIVE ALTERNATE NO.4
BID ITEMS STERNDAHL ENTERPRISES, LLC. CHRISP COMPANY
ADDITIVE ALTERNATE NO.1
BID ITEMS
ENGINEER ESTIMATE
ADDITIVE ALTERNATE NO.2
BID ITEMS ENGINEER ESTIMATE STERNDAHL ENTERPRISES, LLC.
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: Bicycle Improvement Project
City Project Number: CIP No. 4299
Bid Opening Date: September 17, 2025
NOIA Posting Date: September 23, 2025
Project Manager: Jessica Dai, P.E., Associate Civil Engineer NOIA Posting Location: Addenda & Official Notices
On September 17th, 2025 the City of Milpitas (City) held a bid opening for the Bicycle Improvement Project, CIP No. 4299. The City intends to award the construction contract to Chrisp Company, the lowest responsible bidder submitting a responsive bid, at the October 21st, 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 not submit 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] and [email protected]
ATTACHMENT f, BICYCLE IMPROVEMENT PROJECT - CIP No. 4299 Construction Change Order Policy for Bicycle Improvement Project, CIP No. 4299
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
Bicycle Improvement Project, CIP No. 4299
Contract Award Individual Administrative Cumulative
Amount_______ Change Order Authority Change Order Authority
$620,412.75 N/A $180,000 (29%)
Amendment No. 1 Page 1 of 5
Project No.: CP 4299
Project Name: BICYCLE IMPROVEMENT PROJECT
AMENDMENT NO. 1
TO THE DESIGN SERVICES AGREEMENT BETWEEN CITY OF MILPITAS AND HEXAGON TRANSPORTATION CONSULTANTS, INC.
FOR
BICYCLE IMPROVEMENT PROJECT NO. 4299
This Amendment No. 1 is entered into this 4 T H day of November, 2025 by and between the City of Milpitas, a municipal corporation of the State of California (hereafter referred to as "CITY") and Hexagon Transportation Consultants, Inc., a California Corporation (hereafter referred to as "CONSULTANT"). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No 1.
RECITALS
WHEREAS, on November 1, 2024, the Parties entered into a “Design Services Agreement” for the design of the Bicycle Improvement Project (the “Agreement”) with a compensation amount not to exceed $99,850.00 and with a contract period to expire on November 1, 2027; and
WHEREAS, the Parties now desire to amend the Agreement to increase the compensation by $25,000 to allow CONSULTANT to provide additional design services for restriping of Main Street from Carlo Street to Great Mall Parkway and install bike detection lights as described in Exhibit A-1, attached hereto, for a new total not-to-exceed amount of $124,850.00; and
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. Section 3.1.1, entitled “Scope of Services,” is amended to read the following:
“The Services are more particularly described throughout this Agreement, including Exhibit “A” and “Exhibit A-1” attached hereto and incorporated herein by reference.”
2. Section 3.7.1, entitled “Designer Services,” is amended to read the following:
“Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” and “Exhibit A-1” attached hereto and incorporated herein by reference.”
3. Section 3.10.1, entitled “Designer’s Compensation for Basic Services,” is amended to read as follows:
“City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of One hundred twenty-four thousand eight hundred five dollars and zero cents
Amendment No. 1 Page 2 of 5
($124,850.00) (Total Compensation). This total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and “Exhibit B- 1” and incorporated herein by reference.”
4. Section 3.10.4, entitled “Payment to Designer” is amended to read as follows:
“Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and “Exhibit B-1” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference.”
5. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
[SIGNATURES ON FOLLOWING PAGE]
Amendment No. 1 Page 3 of 5
SIGNATURE PAGE TO AMENDMENT NO. 1
TO THE DESIGN SERVICES AGREEMENT BETWEEN CITY OF MILPITAS AND HEXAGON TRANSPORTATION CONSULTANTS, INC.
FOR
BICYCLE IMPROVEMENT PROJECT NO. 4299
This Amendment No. 1 is executed as of the date first written above.
CITY OF MILPITAS CONSULTANT
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
APPROVED BY:
__________________________________ By:______________________ Deanna J. Santana, Interim City Manager Jeffrey A. Elia, P.E., Principal Associate
__________________________________ _____________________ Date Date
APPROVED AS TO FORM:
_______________________________
Christopher Creech, Acting City Attorney
APPROVED
________________________________
Luz Cofresi-Howe, Director of Finance/Risk Manager
APPROVED AS TO CONTENT:
_______________________________
Christian Di Renzo, Public Works Director
Amendment No. 1 Page 4 of 5
EXHIBIT “A-1”
DESIGNER’S SCOPE OF SERVICES
Amendment No. 1 Page 5 of 5
EXHIBIT “B-1”
FEE SCHEDULES
Designer will invoice City on a monthly cycle based on the following fee schedule.
Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation. Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.
Project Budget and Estimated Hexagon Staff Hours
Milpitas, CA
Hexagon Staff Hours Hexagon
Principal Senior Assoc. I Eng. II Admin Hexagon Task Labor Hexagon Direct Total TaskTask Description JE TC JL/JC AL/JG Total Cost Cost /a/ Budget Hourly Rate 310$ 260$ 180$ 130$ L Bike Detection Indicator Light Installation (3 Intersections) 2 8 25 6 41 $7,980 $20 $8,000 M S. Main Street Redesign (W. Calaveras Boulevard to Great Mall Parkway) 5 20 51 8 84 $16,970 $30 $17,000 Project Totals 7 28 76 14 125 24,950$ 50$ 25,000$ /a/ Direct costs are associated with data collection, document production costs, and mileage.
Milpitas Bike Facilities Enhancement Project - CIP No. 4299
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the City Manager, or Designee, to Execute an Amendment to the Agreement with NJ Associates for Architectural Services (Staff Contact:
Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 10/28/2025
Recommendation: Adopt a Resolution to authorize the City Manager, or designee, to negotiate and execute an amendment to the Professional Services Agreement with NJ Associates for Construction Management Technical Services in the amount of $34,700 for a total not-to-exceed amount of $124,700 and extend the term of the agreement to November 14, 2026.
BACKGROUND:
On November 15, 2022, the City entered into a Professional Services Agreement (Agreement) with NJ Associates, Inc. (NJA) for an amount not-to-exceed $90,000 for architectural services at various City facilities (Contract No. 23-010). The scope of services under the Agreement included permitting, bid assistance, and contract administration support for multiple Capital Improvement Program (CIP) projects, including the Police Department Locker Room Renovation (CIP 3406), the José Esteves Library sign, and the Milpitas Community Center floor structural assessments.
Additional architectural support services have been identified to assist the City with construction management and administration activities specifically for the Police Department Locker Room Renovation (CIP 3406) (Project). These services are critical to ensure Project compliance, timely responses to contractor requests, and adherence to design and permitting requirements. The Project is unique in its scope as it will need to be managed and therefore completed after-hours to minimize impact to Police Department operations.
ANALYSIS:
Staff is recommending approval of Amendment No. 1 to increase the NJA Agreement in the amount of $34,700, for a total not-to-exceed $124,700, to provide construction support services for the Project. These services include:
• Reviewing submittals, shop drawings, and contract materials specifications • Responding to requests for information (RFIs)
• Conducting site and punch list observations
• Providing overall contract administration and construction phase support Since the existing Agreement expires November 14, 2025, staff also recommends the Amendment extend the Agreement term by one year to November 14, 2026 to ensure Project construction is complete.
Staff has determined NJA’s continued services are in the City’s best interest to provide continuity of architectural oversight and support. As the original designer of the Project, NJA is uniquely familiar with the Project plans, specifications, and intricate details. Engaging a new firm at this stage would require significant time for that firm to become familiar with the project, resulting in delays, inefficiencies, and potentially higher costs. NJA can immediately provide the necessary construction support services, ensuring economies of scale, cost effectiveness, and operational soundness.
PROJECT/PROGRAM SCHEDULE:
Staff is working with One Day Installation and Repairs Inc (ODIR), the awarded construction contractor for the Project, to finalize the construction schedule. Currently, ODIR is going through the Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) fingerprinting and background check process required to access the facility. After clearance, a Notice to Proceed will be issued to ODIR. Per the ODIR construction contract, the Project is slated to be completed in 270 days.
Key Project phases include demolition, Mechanical, Electrical, and Plumbing (MEP) technical specification reviews and recommendation, fixtures and finishes compatibility, test and balancing of the systems, and final inspections. Key elements will be phased through critical path and milestone tracking consistent with industry standard lead times for design verification. Each phase of the critical path items will be detailed in the contractor schedule and tracked and verified by NJA.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve and authorize the City Manager to execute the Amendment No. 1 for Professional Design Services.
Pros: No additional City funds would be expended.
Cons: The City would lack adequate architectural and construction administration support during the Police Department Locker Room Renovation Project. This may result in project delays, higher costs, and potential noncompliance with permitting requirements.
Reason Not Recommended: Timely completion of this project requires architectural and engineering oversight and construction support services to protect the City’s interests.
FISCAL IMPACT:
This request is only for increased contractual authority and not a request for additional funding. Adequate funding for this amendment is available in the FY 2026–2030 Adopted Capital Improvement Program budget for project CIP 3406 which was approved by the City Council on June 3, 2025.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The project entails the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301. The project entails replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15302.
ATTACHMENT(S):
(a) Resolution
(b) NJ Associates Professional Services Agreement (Contract No. 23-010) (c) Estimate for Construction Services
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO
THE PROFESSIONAL SERVICES AGREEMENT WITH NJ ASSOCIATES FOR ARCHITECTURAL SERVICES IN THE AMOUNT OF $49,391 FOR A NEW NOT-TO- EXCEED AMOUNT OF $139,391 FOR CONSTRUCTION MANAGEMENT AND
ARCHITECTURAL SUPPORT SERVICES RELATED TO THE POLICE
DEPARTMENT LOCKER ROOM RENOVATION PROJECT (CIP 3406) AND OTHER
CITY FACILITY PROJECTS
WHEREAS, on November 15, 2022, the City entered into a Professional Services Agreement (Contract No. 23-010) with NJ Associates, Inc. (“NJA”) in the not-to-exceed amount of $90,000 for architectural services at various City facilities, including permitting, bid assistance, and contract administration support for multiple Capital Improvement Program (CIP) projects; and
WHEREAS, additional architectural support services have since been identified to assist the City with construction management and administration activities, including submittal and shop drawing review, responding to requests for information (RFIs), conducting site and punch list observations, and providing overall construction phase support; and
WHEREAS, on June 3, 2025, the City Council approved a budget appropriation of $100,000 for these architectural services as part of the adopted FY 2026–2030 CIP; and WHEREAS, Amendment No. 1 to the Professional Services Agreement with NJA is necessary to ensure timely completion, project compliance, and continuity of architectural oversight for the Police Department Locker Room Renovation Project (CIP 3406) and other facility projects; and
WHEREAS, the proposed amendment increases the contract by $49,391 from $90,000 to a new not-to- exceed amount of $139,391, with sufficient funds available in the adopted budget; and
WHEREAS, staff recommends that the City Council authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with NJA, as NJA is the original designer of the Police Department Locker Room Renovation Project and uniquely qualified to provide these additional services efficiently and cost- effectively
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. The City Council hereby approves the projects plans and specifications.
3. The City Council hereby approves and authorizes the City Manager to execute Amendment No. 1 to the Professional Services Agreement with NJ Associates, Inc. in the amount of $49,391, for a new not-to-exceed total amount of $139,391, for architectural and construction management services related to the Police Department Locker Room Renovation Project (CIP 3406) and other City facility projects.
4. The City Manager is hereby authorized to execute Amendment No. 1 to design services agreement with NJ Architects for the amount not to exceed $139,391.
PASSED AND ADOPTED this 4th day of November, 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
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CITY OF MILPITAS
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of _____________________________ ,(“Effective Date”) by and between the City of Milpitas, a muni cipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and NJ Associates Inc. , a CORPORATION with its principal place of business at 212 W. Pine St Suite 1, Lodi, CA 95240 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of Califo rnia and is in need of professional services for the following project:
Architectural Services at Various City Facilities
(hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit A
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B.
b. In no event shall the total amount paid fo r services rendered by Consultant under this Agreement exceed the sum of Ninty Thousand Dollars and Zero Cents ($90,000.00) . This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agre ement shall be prepared by the City and executed by
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both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render inef fective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the Agreement term and for four (4) years from the date of final payment under the Agreement for inspection by City.
5. Term.
The term of this Agreement shall be from November 15, 2022 to November 14, 2025, unless earlier terminated as provided herein. The City reserv es the right to review the Consultant’s performance at the end of each year and cancel all or part of the Agreement.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party.
For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; ri ots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible fo r all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care.
Consultant’s services will be performed in ac cordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant.
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all
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provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant.
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance.
Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibi t D (Insurance Requirements), attached hereto and incorporated herein by this reference. In additi on, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.
12. Indemnification .
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agre ement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” se rvices (as that term is defined under Civil Code section 2782.8), then, and only to the extent re quired by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that ar ise out of, pertain to, or relate to the negligence, recklessne ss, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requiremen ts of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenan ce” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll
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records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Co mmissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as pa rt of an applicable “public works” or “maintenance” project, then pursuant to Labor C ode Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations.
Consultant shall maintain registration for the dura tion of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s so le responsibility to comply with all applicable registration and labor compliance requireme nts. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcon tractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Ac t of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. City Material Requirements. [RESERVED]
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.
17. Termination or Abandonment.
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written not ice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an am ount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled
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to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. c. The Consultant understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Counc il. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligation to make appropriations for the Agreement in lieu of ap propriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor an d City Council. Consultant’s assumption of risk of possible non-appropriation is a part of the considerat ion for the Agreement. This section controls against any and all other provisions of the Agreement.
18. Documents.
Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and ot her documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization.
Consultant shall assign Nick Seward as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice.
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Steve McHarris
CONSULTANT:
NJ Associates Inc.
212 W. Pine St Suite 1
Lodi, CA 95240
Attn: Nick Seward
and shall be effective upon receipt thereof.
22. Third Party Rights.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
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23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement.
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with resp ect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability.
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns.
This Agreement shall be binding upon and shall inur e to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or al l of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
28. Time of Essence.
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants.
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests.
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agre ement, or obtain any present or anticipated material benefit arising therefrom.
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31. Wage Theft Prevention.
a. Consultant, and any subconsultant it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
b. BY SIGNING THIS AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS
DISCLOSED ANY FINAL JUDGMENTS, DECISI ONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO
EXECUTING THIS AGREEMENT THAT CONSULTANT OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS
THAT IT OR ITS SUBCONSULTANT(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,
DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY
SATISFIED, CONSULTANT AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) IS CURRENTLY
SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR
ALTERNATIVE PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY
AND THAT CONSULTANT OR ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
c. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Consultant or a subconsultant it employs to perform work under this Agreement has violated any applicable wage and hour law, or Consultant learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Consultant shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order.
Consultant or its subconsultant(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order.
If the Consultant or its subconsultant is subject to a payment or other alternative plan, the Consultant or its subconsultant shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
d. For purposes of this Section, a "final j udgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
e. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
f. Notice provided to the City shall be ad dressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MILPITAS
AND NJ ASSOCIATES INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF MILPITAS
Approved By:
______________________________
Steven G. McHarris, City Manager
______________________________
Date
Approved As To Form:
______________________________
Michael Mutalipassi, City Attorney
Approved:
______________________________
Lauren Lai, CPA, MPA
Finance Director/Risk manager
Approved As To Content:
______________________________
Roger Lee, Interim Public Works Director
NJ ASSOCIATES INC.
______________________________
Signature
______________________________
Name
______________________________
Title
______________________________
Date
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EXHIBIT A
Scope of Services
Consultant shall provide all labor, expertise, materials, and staff to provide architectural services for small and mid-size projects for the City. Consultant shall provide these services with a focus on renovations and modifications to existing facilities, including but not limited to: office buildings, recreation facilities, public safety facilities, maintenance buildings, and other site work as assigned by the City’s Project Manager. The desired work product from the Consultant will be to provide approved architectural plans for these small and mid-sized projects to then be bid out by the City for completion.
Consultant shall maintain during the course of this agreement the following minimum qualifications:
1. Consulting firm is licensed to practice architecture in the State of California and can effectively provide the required professional services in a timely and professional manner.
2. The individual or individuals or sub-consultants who will be assigned the responsibility to projects shall have significant experience in design and construction consulting within the last five years in the State of California.
3. Consultant and staff shall be knowledgeable of all applicable federal, state, and local building codes, including but not limited to: American with Disabilities Act/Facilities.
4. Transition plans, federal, state and local by-laws as applicable.
5. Firms shall be able to meet the schedule set by City of Milpitas Public Works Department.
All work will be performed in a manner so as not to block access to or disrupt the daily operation of the City of Milpitas. All work must be scheduled with the Public Works Manager for Facilities and Fleet or the designated City representative. Further detail to be found in “Attachment A – Consultant's Execution Plan.”
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Cons ultant will include with each invoice a detailed progress report that indicates the amount of budget sp ent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials Agreement.
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EXHIBIT C
Activity Schedule
Each project will have a separate and distinct Activ ity Schedule to ensure Consultant can perform the assigned work. To that end, each assigned project shall have a mutually agreed upon Activity Schedule to be approved by both the City and Consultant prior to the performance of any work.
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EXHIBIT D
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.
Contractor or Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to prop erty which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors.
Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor or Consultant shall furnish City with co pies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificat es are to be received and approved by City before work commences. City has the right to require Contra ctor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
_X_ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
___ Coverage at least as broad as ISO Form CG 00 01 cov ering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability:
_X_ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.
13 38077.00180\29167975.12 C2
___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single limit for bodily injury and property damage.
___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.
Professional Liability (Errors and Omissions):
_X_ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
_X_ Insurance as required by the State of California , with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verification it has no employees)
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Builder’s Risk (Course of Construction):
___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provis ions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment.
The Property Installation Floater sh all provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Contractor’s or Consultant’s Pollution Legal Liability:
___ Contractor’s or Consultant’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.
If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
14 38077.00180\29167975.12 C2
Cyber Liability Insurance
___ Cyber Liability Insurance with limi ts not less than $1,000,000 per claim.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Surety Bonds:
Contractor shall provide the following Surety Bonds:
____ Bid Bond
____ Performance Bond
____ Payment Bond
The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
_X_ Additional Insured Status and Primary/Non-Contributory Language:
Contractor’s general liability and automobile liab ility policies shall be primary and shall not seek contribution from the City’s coverage and be endors ed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.
The limits of insurance required in this Agreemen t may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
15 38077.00180\29167975.12 C2
___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor or Consultant may submit evidence of Bu ilder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
_X_ Notice of Cancellation, Suspension or Otherwise Voiding Policies:
Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
_X_ Waiver of Subrogation:
Contractor or Consultant hereby grants to City a wa iver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.
___ Completed Operations
For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):
Any deductibles or self-insured retentions must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, cl aim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self‑insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
16 38077.00180\29167975.12 C2
City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to City.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract ef fective date, the Contractor or Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead- based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Subcontractors:
Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub- subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished t o the subcontractor upon request.
Verification of Coverage:
Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the poli cies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
17 38077.00180\29167975.12 C2
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2322
NJA’s design integration approach includes input from
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