Milpitas City Council
February 17, 2026

February 17, 2026 Milpitas City Council Agenda Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

AGENDA
TUESDAY, FEBRUARY 17, 2026
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 7:00 PM (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:

Facebook: https://www.facebook.com/CityofMilpitas/
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_DGRnfwuZRqGi7vLF4RFh-A 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.

February 17, 2026 Milpitas City Council Agenda Page 2

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)

PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Lien)

PRESENTATIONS
● Lunar New Year (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 February and March 2026.

C2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: Approve City Council Meeting minutes of January 19 and February 3, 2026.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.

C4. 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.

C5. Adopt a Resolution to Authorize the City Manager to Submit an Application for Elective Coverage of State Disability Insurance (SDI) for Professional and Technical Employees (ProTech) Bargaining Unit Employees (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086)

February 17, 2026 Milpitas City Council Agenda Page 3

Recommendation: (1) Adopt a Resolution authorizing the City to apply for State Disability Insurance (SDI) elective coverage for the Professional and Technical Employees (ProTech) Bargaining Unit; and (2) Authorize the City Manager to execute the SDI application form DE 1378N and take any necessary steps to implement SDI for ProTech Employees, including negotiating and executing all necessary agreements and forms.

C6. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to DeSilva Gates Construction, LLC for Dempsey Road and Great Mall Parkway (Phase II) Street Resurfacing Project and Approve Budget Amendment for Street Resurfacing Project FY24-25 (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 project plans and specifications; (2) Award the Construction Contract to DeSilva Gates Construction, LLC, the lowest responsible bidder, submitting a responsive bid in the amount of $4,229,695; (3) Authorize the City Manager, or designee, to execute the construction contract with DaSilva Gates Construction, LLC; (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not-to-exceed $635,000 for the Dempsey Road and Great Mall Parkway (Phase II) Street Resurfacing Project, CIP Nos. No. 3440, 4283, 4295, 4304, 4305, 7118; and (5) Approve a Budget Amendment to increase the Senate Bill 1 Road Maintenance and Rehabilitation Account funding in the amount of $333,311.50 and Vehicle Registration Fee funding in the amount of $39,502 for the Street Resurfacing Project 2024-25, CIP Project No. 4300.

C7. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 - McCarthy Ranch for Fiscal Year 2026-27 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: Adopt a resolution initiating proceedings for the annual levy and collection of assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 - McCarthy Ranch for Fiscal Year 2026-27.

C8. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 - Sinclair Horizon for Fiscal Year 2026-27 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: Adopt a resolution initiating proceedings for the annual levy and collection of assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 - Sinclair Horizon for Fiscal Year 2026-27 C9. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Bosco Construction, Inc. for the Annual Sidewalk, Curb, and Gutter Improvement Project 2025, CIP No. 3426 (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 Project Plans and Specifications; (2) Award the Construction Contract to the lowest responsible bidder Bosco Construction, Inc. in the amount of $700,756.87; (3) Authorize the City Manager, or designee, to execute the construction contract with Bosco Construction, Inc.; and (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not-to-exceed $140,151 for the Annual Sidewalk, Curb, and Gutter Improvement Project 2025, CIP No. 3426.

February 17, 2026 Milpitas City Council Agenda Page 4

C10. Accept Additional Grant Funding from Silicon Valley Clean Energy Member Agency Grant Program (Staff Contact: Christian Di Renzo, 408-586-2602, Public Works Director) Recommendation: (1) Accept additional grant funding from Silicon Valley Clean Energy (SVCE) Member Agency Grants program in the amount of $38,461, increasing the previously accepted non- competitive grant from $372,233 to a total grant of $410,694; and (2) Authorize the Acting City Manager, or designee, to execute the Member Agency non-competitive grant agreement with SVCE.

C11. Approve the Addition of Samuel Ayer to the City Naming List for Streets, Parks and Facilities (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Approve the addition of Samuel Ayer to the to the Milpitas Historical Names Naming List.

C12. Approve Milpitas Arts and Culture Grant Request for a Juneteenth Celebration Event (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Approve a Milpitas Arts and Culture in-kind grant request from Sunnyhills Neighborhood Association for a Juneteenth Celebration Event on June 20, 2026.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE

13. Approve Increase to the Milpitas Assistance Program (MAP) Water Utilities Bill Subsidy Amount (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Approve an increase to the Milpitas Assistance Program (MAP) Water Utilities Bill Subsidy Amount.

LEADERSHIP AND SUPPORT SERVICES

14. Adopt a Resolution Appointing a Permanent City Attorney (Staff Contact: Jared Hernandez, Acting City Manager, 408-586-3059)
Recommendation: (1) Adopt a resolution to appoint Christian M. Curtis as City Attorney; (2) Approve and authorize the Mayor to execute an employment agreement on behalf of the City; and (3) Authorize the Acting City Manager, or designee, to take such other actions as necessary and appropriate to carry out the purpose of this appointment.

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

February 17, 2026 Milpitas City Council Agenda Page 5

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
February 2026
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)
3 6:00 PM-Closed Session
7:00 PM-City Council
4 12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (GB)
6:30 PM-Community Housing
Commission (EC)
5 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
6 7
8 9
4:30 PM-Economic Development and
Trade Commission (WL)
10 4:00 PM-Special City Council
-CANCELLED
11 7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Sunnyvale)
7:00 PM-Planning Commission
12 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
13 14
15 16
PRESIDENT’S DAY

CITY HALL CLOSED
17 6:00 PM-Closed Session
7:00 PM-City Council
18 6:00 PM-Energy and Environmental
Sustaina
bility Commission (EC)
4:00 PM- Finance Subcommittee
19 20 21
22 23 24
1:30 PM-Senior Advisory Commission
(HL)
25 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
26 27 28
January 2026

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
March 2026

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

Milpitas City Council Calendar
March 2026

Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)

3 6:00 PM-Closed Session
7:00 PM-City Council

4 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)

5 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)

6 7

8 9
4:30 PM-Economic Development and
Trade Commission (WL)

10 4:00 PM- Milpitas HOPE
11 Subcommittee (CM/EC)
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Sunnyvale)

12 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)

13 14

15 16
7:00 PM-Science, Technology, and
Innovation Commission (WL)
7:00 PM-Library and Education
Commission (HL) (Milpitas Public
Library)

17 5:00 PM-Closed Session
7:00 PM-City Council

18 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
4:00 PM- Finance Subcommittee
19 5:30PM- Measure F Oversight
Committee
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)

20 21

22 23
7:00 PM-Arts Commission (CM)

24 25
7:00 PM-Planning Commission

26 4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB)

27 28

29 30

31 Cesar Chavez Day
City Hall Closed

February 2026

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

April 2026

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

January 19, 2026 Milpitas City Council Minutes Page 1

SPECIAL MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
MONDAY, JANUARY 19, 2026

The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council on January 19, 2026, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 9:31 AM. Roll Call was taken by Assistant City Manager Cano.

PRESENT: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam (9:33 AM), Councilmember Lien
ABSENT: None

PLEDGE OF ALLEGIANCE
Councilmember Barbadillo led the Pledge of Allegiance.

PUBLIC FORUM
There were the following public speakers:

1. Ray Fuentes

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS Assistant City Manager Cano asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Councilmember Lien read the City Council Code of Conduct.

APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.

Motion/Second: Councilmember Chua / Vice Mayor Barbadillo Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

ADJOURN TO CLOSED SESSION
The City Council adjourned to Closed Session at 9:36 AM. (a) PUBLIC EMPLOYEE APPOINTMENT AND HIRING
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Attorney

January 19, 2026 Milpitas City Council Minutes Page 2

CLOSED SESSION ANNOUNCEMENT:

The City Council reconvened at 4:59 PM.

There was nothing to report out.

ADJOURNMENT
Mayor Montano adjourned the meeting at 4:59 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

February 3, 2026 Milpitas City Council Minutes Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
TUESDAY, FEBRUARY 3, 2026

The City Council of the City of Milpitas convened in a Regular Meeting of the Milpitas City Council on February 3, 2026, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 6:00 PM and announced that Councilmember Lien was participating remotely from 35 Che Lan Vien St., Bac My An, Ngu Hanh Son, Da Nang, Vietnam, Conference Room. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Barbadillo (6:14 PM), Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None

ADJOURN TO CLOSED SESSION
Acting City Attorney Creech briefed the City Council on the closed session items.

There were no public speakers.

The City Council adjourned to Closed Session at 6:02 PM. (a) PUBLIC EMPLOYEE APPOINTMENT AND HIRING
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Attorney
(b) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Jared Hernandez, Acting City Manager; and Matt Cano, Assistant City Manager
Employee Organization(s): Unrepresented City Attorney
CLOSED SESSION ANNOUNCEMENT:

The City Council reconvened in open session at 7:09 PM.

Acting City Attorney Creech had nothing to report out.

PLEDGE OF ALLEGIANCE
Vice Mayor Barbadillo led the Pledge of Allegiance.

INVOCATION
Councilmember Lien presented the invocation.

February 3, 2026 Milpitas City Council Minutes Page 2

PRESENTATIONS
There were no presentations.

PUBLIC FORUM
There were the following public speakers:

1. Jill Schwinn

2. Gwan Alisantosa

3. Kaveri Rangaraj

4. Prashanth Kumar

5. Van Leong

6. Jessenia Garcia-Morales

7. Voltaire Montemayor

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Councilmember Lam read the City Council Code of Conduct.

APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.

Motion/Second: Councilmember Chua / Vice Mayor Barbadillo Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

CONSENT CALENDAR
After discussion, motion: to approve the Consent Calendar.

Motion/Second: Councilmember Chua / Vice Mayor Barbadillo Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Received City Council Calendar of Meetings for February 2026.

2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)

February 3, 2026 Milpitas City Council Minutes Page 3

Approved City Council Meeting minutes of December 9, 2025, January 12, 20, and 23, 2026.

3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.

4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.

5. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Suzanne Guzzetta, City Clerk, 408-586-3024)
Received Mayor Montano's recommendations and approved and confirmed the following recommendations for appointments to City Commissions.

Arts Commission:

1. Reappoint Joyita Ghose to a term ending October 2028

2. Reappoint Sandeep Umarani to a term ending October 2028

3. Reappoint Helen Qiu as Alternate No. 2 to a term ending October 2028 Economic Development and Trade Commission:

1. Appoint Conrad Schapira to the Technology and Trade Seat with a term ending April 2029

2. Appoint Alice Nguyen to the Non-Voting Student seat with an unexpired term ending April 2027 Energy and Environmental Sustainability Commission:

1. Reappoint Anuradha Sankaran to a term ending October 2028

2. Reappoint Felix Mbuga to a term ending October 2028
Parks, Recreation and Cultural Resources Commission:

1. Appoint Kashmir Gill to an unexpired term ending June 2027 Planning Commission:

2. Appoint Dawn Brown to a term ending December 2028

3. Appoint Olania Castillo to a term ending December 2028 Senior Advisory Commission:

1. Reappoint Neelam Wadhwani to a term ending December 2028

2. Reappoint Jenny Berryhill to a term ending December 2028

3. Appoint Saida Nagpurwala to a term ending December 2028

4. Reappoint Sai Anish to the Non-Voting Student seat with a term ending December 2028 Science, Technology and Innovation Commission:

1. Reappoint Suresh Sinha to a term ending January 2029

2. Promote Vishal Gandhi to a full voting seat with an unexpired term ending January 2028

February 3, 2026 Milpitas City Council Minutes Page 4

3. Reappoint Tarun Bajaj as an Alternate Commissioner with a term ending January 2029

4. Appoint Ray Howlett to the Non-Voting Student seat with an unexpired term ending January 2028

6. Authorize the City Manager, or Designee, to Execute an Amendment to the Software License Agreement with OpenGov, Inc. for eProcurement Software (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111)
Authorize the City Manager, or designee, to execute an amendment to the Software License Agreement with OpenGov, Inc. for eProcurement Software to extend the Agreement for an additional five years through February 28, 2031 and add $57,996 for a revised contract in an amount not-to- exceed of $156,996, subject to the appropriation of funds.

7. Set a Public Hearing for March 3, 2026, and Adopt a Resolution Declaring Weeds on Specific Properties to be a Public Nuisance (Staff Contact: Arthur Belton, Deputy Chief/Fire Marshal, 408-586-3384)
Set a public hearing for March 3, 2026; and adopted Resolution No. 9473 declaring weeds on specific properties to be a public nuisance.

8. Adopt a Resolution to Approve and Authorize the City Manager, or Designee, to Execute the Agreement under the Fiscal Year 2024 Safe Streets and Roads for All Grant Program and Any Amendments with the United States Department of Transportation Federal Highway Administration (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Adopted Resolution No. 9474 to approve and authorize the City Manager, or designee, to execute the Fiscal Year 2024 Safe Streets and Roads for All (SS4A) Grant Funding Agreement and any amendments with the United States Department of Transportation’s Federal Highway Administration.

COMMUNITY DEVELOPMENT

9. Approve the 2022 and 2023 Funding Application to the Permanent Local Housing Allocation Program, Authorize Receipt of the Grant, and Certify to the California Department of Housing and Community Development Compliance with Program Requirements (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3275; and Sarah Balcha, Senior Administrative Analyst, 408-586-3268)
Acting City Manager Hernandez introduced the item. Assistant City Manager Cano and Senior Administrative Analyst Sarah Balcha presented the report.

There were the following public speakers:

1. Voltaire Montemayor

Councilmember Lam questioned how the total PLHA funds were split, noting specific allocations for program administration, homeless outreach, and rental assistance. Staff explained the amounts in detail, clarifying that 5% of the funds were allocated for program administration.

Vice Mayor Barbadillo inquired about the effectiveness of outreach services and whether they served all unhoused persons. Staff responded that We Hope, the contracted service provider, aimed to address the needs of every individual in Milpitas while city staff prioritized concerns raised by residents.

February 3, 2026 Milpitas City Council Minutes Page 5

Mayor Montano specifically inquired about navigation centers, to which Senior Administrative Analyst Sarah Balcha clarified that they are part of broader eligible activities but not part of the current funding recommendation.

Councilmember Lam noted that homelessness counts in Milpitas had dropped significantly in recent years and supported the staff recommendation to review options for reducing service days as part of the the upcoming RFP process, such as twice-weekly outreach services.

After discussion, motion: to (1) Approve the 2022 and 2023 funding application to the Permanent Local Housing Allocation for Unhoused Outreach (PLHA) program; (2) Authorize the receipt of the PLHA grant; and (3) Certify to the California Department of Housing and Community Development compliance with the PLHA program requirements..

Motion/Second: Councilmember Chua / Councilmember Lien
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

LEADERSHIP AND SUPPORT SERVICES

10. Review Fiscal Year 2025-26 Mid-Year Report, Approve FY2025-26 Mid-Year Budget Amendments, Adopt a Resolution Amending Resolution No. 1626, the Classification Plan, to Approve and Adopt the Pay Schedule titled “New Job Classifications/Salary Table" (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Acting City Manager Hernandez introduced the item. Finance Director Cofresí-Howe presented the report.

There were the following public speakers:

1. Voltaire Montemayor

Councilmember Lien left the meeting at 9:06 PM.

During questioning, Vice Mayor Barbadillo expressed concerns about the overtime expenses and P- Card (purchasing card) usage. Acting City Manager Hernandez and Finance Director Luz Cofresí- Howe responded, explaining that there were ongoing efforts to examine these issues in detail, including consulting with external vendors and ensuring transparency in the process. There was extensive discussion on how best to share ongoing progress reports with the council and public, with suggestions including regular updates at council meetings or through public memos.

Councilmember Lien returned to the meeting at 9:30 PM.

Councilmember Chua praised the contract review process and the implementation of project-based accounting, which will allow better tracking of expenses across departments.

Councilmember Lien left the meeting at 9:45 PM.

Following an in-depth exploration of fiscal strategies, the structural deficit, and monitoring methods, multiple key concerns and insights were raised. Vice Mayor Barbadillo focused on the need for transparency and regular reporting, particularly for overtime expenses and the use of P-Cards. The council discussed creating a format for regular updates, either included as agenda items or through

February 3, 2026 Milpitas City Council Minutes Page 6

public memos, to foster transparency. Meanwhile, Finance Director Cofresí-Howe elaborated on efforts to scrutinize contracts and expenditures, ensuring both one-time savings and sourcing ongoing budget efficiencies.

Councilmember Chua underscored the significance of the contract review process and the enhancement of project-based accounting, noting that these improvements should allow for more detailed tracking of expenditure across departments, thus helping better align spending with city priorities.

Acting City Manager Hernandez discussed the ongoing consulting with external vendors aimed at understanding the sources and implications of historical overtime patterns, stipulating that results from these inputs would be integrated into the upcoming budget cycle's strategic planning to better predict and manage future budget needs. The council deliberated on these various budget amendments and classification plan changes amidst the call for ongoing status updates regarding the organizational assessment items during the upcoming operating budget discussion sessions.

After discussion, motion: to (1) Review Fiscal Year 2025-26 Mid-Year Report; (2) Adopt Resolution No. 9475 to approve FY2025-26 Mid-Year Budget Amendments; and (3) Adopt Resolution No. 9476 amending Resolution No. 1626, the Classification Plan, to approve and adopt the pay schedule titled “New Job Classifications/Salary Table” and amend budgeted allocated positions.

Motion/Second: Councilmember Chua / Councilmember Lam
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam NOES: None
ABSENT: Councilmember Lien

Staff was directed to bring back a report on the status of organizational assessment items during the upcoming operating budget discussions.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Councilmember Chua announced the Parks and Recreation Commission's discussion about launching an "Adopt a Spot" program for community involvement in local parks. She also thanked staff for the Super Bowl lights display.

Councilmember Lam proposed providing city-branded jackets for councilmembers and the mayor to wear at conferences. Vice Mayor Barbadillo suggested adding hats, and Councilmember Chua suggested T-shirts.

There was consensus to move forward with this proposal (4-0-1. Absent: Lien)

Vice Mayor Barbadillo asked for information about cell tower permitting processes. Acting City Manager Hernandez committed to providing a council briefing memo explaining the current process.

Mayor Montano requested that alcohol permits and massage parlor permits come before the full council rather than being approved administratively. The council reached consensus on exploring a policy for this. (4- 0-1. Absent: Lien)

Mayor Montano also requested information regarding ICE operations in Milpitas following the public forum comments. The Acting City Manager indicated staff would provide information through an informational memo.

February 3, 2026 Milpitas City Council Minutes Page 7

ADJOURNMENT
Mayor Montano adjourned the meeting at 10:08 PM

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 2/12/2026

March 3, 2026 – Regular Meeting

CLOSED SESSION
- Labor Update

INVOCATION (Councilmember Chua)

PRESENTATION
- National Women’s History Month (Proclamation)
- Youth Art Month (Proclamation)

CONSENT CALENDAR

1. Receive City Council calendar for March 2026 (City Clerk)

2. Approve City Council Meeting minutes of February 17, 2026 (City Clerk)

3. Preview list of items for March 17, 2026 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Establishing the Accessibility Compliance Fund (Finance)

6. Housing Element Annual Progress Report and Successor Agency Report (Housing)

7. Project Acceptance for Street Sealing Project 2024, CIP 4305 (Public Works / Engineering))

8. Project Acceptance for Hammond Way Streetlight Project, CIP 4299 (Public Works / Engineering)

9. Approve Final Map for Phase 2, Parcel A of Summerhill Apartments, 1646 Centre Pointe Drive (Public Works / Engineering)

PUBLIC HEARINGS

10. Weed Abatement (Fire)

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 Alcohol and Massage Parlor Permits come before
the City Council. Montano 2/3/2026
An update on this item will be included in the
next quarterly prioritization update.
2 Providing city-branded jackets, hat, and t-shirts to
Councilmembers Lam 2/3/2026
An update on this item will be included in the
next quarterly prioritization update.
3 Consider allocating $300,000 from one-time funds
for a street fair during the FIFA timeframe
(June/July). Lam 1/13/2026
An update on this item will be included in the
next quarterly prioritization update.
4 Review the city's affordable housing ordinance and
agreements with developers in light of the
experience with KB Homes to ensure preservation
of housing affordability policies. Barbadillo 1/13/2026 An update on this item will be included in the
next quarterly prioritization update.
5 Consider an "Adopt a Drain" program to engage
community members and students Lien 12/16/2025
An update on this item will be included in the
next quarterly prioritization update.
6 Conduct a review of commission names to better
reflect their focus Montano 11/18/2025
An update on this item will be included in the
next quarterly prioritization update.
7 Review the Council prioritization process Chua 11/18/2025 An update on this item will be included in the
next quarterly prioritization update.
8 Look into the process of establishing a Friendship
City relationship Montano 11/18/2025
An update on this item will be included in the
next quarterly prioritization update.
9 Research how public funds could be used to
advertise local restaurants during the upcoming
Super Bowl Montano 11/18/2025
An update on this item will be included in the
next quarterly prioritization update.
10 Have a community forum on the Crown Castle
Small Cell towers. Montano 11/18/2025
An update on this item will be included in the
next quarterly prioritization update.
11 Install debrillators on city properties Barbadillo 10/28/2025 An update on this item will be included in the
next quarterly prioritization update.
12 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.
13 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.

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
14 Increase the amount of funding for the ADU Permit
Subsidy Council 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
15 Council Special Events Fund to provide funding for
City Councilmembers to attend local, non-political,
events where their attendance is beneficial for the
City of Milpitas Montano/Chua 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
16 Add to the existing Strategic Land Acquisition
Revenue Reserve Council
An update on this item will be included in the
next quarterly prioritization update.
17 Storefront and Crime Prevention Initiative by
making funding available for businesses to focus
on public safety related physical improvements to
their storefronts. Montano
An update on this item will be included in the
next quarterly prioritization update.
18 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.
19 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.
20 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.
21 Develop a project management informational
memo. Barbadillo 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
22 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.

NOTE: Deferred and Completed Items are not listed

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
23 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.
24 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.
25 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.
26 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.
27 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.
28 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.
29 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.
30 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.
31 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.
32 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.
33 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.
34 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.
35 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.
36 Main Street International Festival Lien 10/3/2023
An update on this item will be included in the
next quarterly prioritization update.
37 Pickleball Pilot Project Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
38 Main Street Infrastructure Projects Montano 2/28/2023 An update on this item will be included in the
next quarterly prioritization update.
39 Main Street Flooding at Library Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
40 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.
41 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.
42 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.
43 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.
44 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: Adopt a Resolution to Authorize the City Manager to Submit an Application for Elective Coverage of State Disability Insurance for Professional and Technical Employees (ProTech) Bargaining Unit Employees (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 2/17/2026
Recommendation: (1) Adopt a Resolution authorizing the City to apply for State Disability Insurance (SDI) elective coverage for the Professional and Technical Employees (ProTech) Bargaining Unit; and (2) Authorize the City Manager to execute the SDI application form DE 1378N and take any necessary steps to implement SDI for ProTech Employees, including negotiating and executing all necessary agreements and forms.

BACKGROUND:

The City of Milpitas currently provides a City-funded short-term disability (STD) plan for non-industrial illness or injury and does not participate in the California State Disability Insurance (SDI) program. While the City STD plan is modeled after the State program, the City administers and funds benefits directly, and employees do not have access to State Paid Family Leave (PFL) benefits.

The California SDI program provides short-term wage replacement benefits for eligible employees who are unable to work due to non-work-related illness or injury, pregnancy, or childbirth. SDI also includes Paid Family Leave (PFL) benefits for qualifying events, including:
• Caring for a seriously ill family member
• Bonding with a new child
• Participating in a qualifying event related to a family member’s military deployment The California SDI program provides more robust short term disability coverage for paid family leave (maternity, baby bonding, etc.), an area of special interest to the members of Protech.

As a public agency under California Unemployment Insurance Code (CUIC) Section 3501, the City is exempt from mandatory participation in SDI. However, CUIC section 710.5 allows public agency employees in an appropriate bargaining unit to elect SDI coverage with concurrence of the governing body.

ANALYSIS:

On June 3, 2025, members of the Milpitas Professional and Technical Union (ProTech) voted to adopt elective SDI coverage for their bargaining unit. This election reflects member interest in enhanced disability benefits and access to Paid Family Leave, which is not available under the City’s current STD plan.

ProTech is now requesting City concurrence to implement SDI coverage for their bargaining unit. If approved, ProTech employees would contribute directly to SDI through payroll deductions, consistent with State requirements.

While SDI benefits are fully employee-funded, the City would assume administrative responsibilities, including payroll deductions, quarterly reporting, and coordination with the Employment Development Department (EDD). These processes are similar to those already in place for Unemployment Insurance (UI).

This election applies only to the ProTech bargaining unit. Other bargaining units and unrepresented employees would remain under the City’s existing disability program and would be unaffected by this action.

POLICY ALTERNATIVE(S):

Alternative 1: Do not authorize the City Manager to execute the SDI application.

Pros: The City will not take on the additional collection and reporting tasks associated with election of SDI for the ProTech bargaining unit.

Cons: The City would remain responsible for covering ProTech members under their existing disability insurance policy. Employees represented by ProTech would remain without access to paid family leave.

Reason for Not Recommending:

PROJECT SCHEDULE/KEY MILESTONES
Upon Council approval:
• Execute SDI application (Form DE 1378N)
• Establish payroll deductions and reporting procedures • Notify ProTech employees of program implementation and timelines • Begin SDI coverage in coordination with EDD (targeted within one payroll quarter of approval)

FISCAL IMPACT:

There are no direct fiscal outlays associated with implementing SDI for ProTech, as all contributions are paid by employees. However, indirect costs will be incurred through additional administrative workload for Human Resources and Finance Payroll staff, including:

• Quarterly and annual reporting to EDD
• Payroll system configuration for SDI deductions and remittance • HR administration of SDI-related leave and coordination with other leave programs • Employee communications and EDD claim coordination
• Ongoing compliance and program maintenance

These impacts will be absorbed within existing departmental resources.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act pursuant to CEQA Guidelines 15378(b)(5) in that it is a government organizational or administrative activity that will not result in direct or indirect changes in the environment.

ATTACHMENT(S):
(a) Resolution
(b) ProTech SDI Adoption Memorandum
(c) SDI Application: Form DE 1378N
(d) City’s Short Term Disability Fact Sheet
(e) City’s Long Term Disability Fact Sheet

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS

AUTHORIZING ELECTIVE COVERAGE OF STATE DISABILITY INSURANCE

FOR EMPLOYEES REPRESENTED BY THE PROFESSIONAL AND

TECHNICAL BARGAINING UNIT
WHEREAS, pursuant to California Unemployment Insurance Code section 633.1, services performed for a public entity generally are not covered employment for the purposes of elective unemployment and disability compensation pursuant to Division 1, Part 2, Chapter 1 of the California Unemployment Insurance Code (commencing with Section 2601) (“SDI”); and WHEREAS, pursuant to California Unemployment Insurance Code section 710.5, with the negotiated agreement of a bargaining unit established pursuant to the Meyers-Milias-Brown Act (Gov.

Code, §§ 3500 et seq.), a public entity may elect to become an employer subject to SDI with respect to that bargaining unit upon approval of the Director of the State of California Employment Development Department; and
WHEREAS, on June 3, 2025, the membership of the Milpitas Professional and Technical Union (“ProTech”) voted to adopt elective SDI coverage for their bargaining group; and WHEREAS, contributions to the Disability Fund for such coverage shall be required from each participating employee pursuant to California Unemployment Insurance Code section 2901 and no benefits paid shall be charged against an employer’s account pursuant to California Unemployment Insurance Code section 2603; and
WHEREAS, the City of Milpitas (“City”) accordingly seeks to file an application for elective SDI coverage with the State of California Employment Development Department for employees of the Professional and Technical Union bargaining unit and take such other actions as necessary to obtain elective SDI for ProTech members consistent with California Unemployment Insurance Code section 710.5.

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. Consistent with Sections 23.00 et seq. of the Professional and Technical Union Memorandum of Understanding and pursuant to California Unemployment Insurance Code section 710.5, the City Council hereby authorizes the City Manager to file an application with the State of California, Employment Development Department, for elective coverage of SDI for Professional and Technical Union bargaining unit employees.

3. The City Manager is hereby authorized and directed to take whatever actions are appropriate and necessary to carry out the purpose and intent of this resolution, including negotiation and execution of all necessary agreements and forms. The City Manager is

2 Resolution No. xxxx
further authorized to determine the appropriate commencement date for elective SDI coverage, which shall be the first day of the calendar quarter in which the application is filed or the first day of the following calendar quarter, consistent with the requirements of the California Unemployment Insurance Code.

PASSED AND ADOPTED this 17th Day of February 2026, 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

Taxpayer Assistance Center, Attention: Specialized Coverage Desk, P.O. Box 2068, Rancho Cordova, CA 95741-2068, 916-654-6288 Application for Elective Coverage of State Disability Insurance* *Includes Paid Family Leave (PFL).

ONLY
For Department Use Only
Account No.

Statistical Code
Effective Date
Approved By
Date
Employer Notified
(Date)
Send
Number of Employees

IMPORTANT

This form is not an application for an account number under the compulsory provisions of the California Unemployment Insurance Code (CUIC). Do not complete this form unless you wish to apply for State Disability Insurance coverage ONLY for your employees under Section 702.6, 710.4, 710.5, 710.6, or 710.9 of the CUIC. Coverage under these sections of the CUIC does not make provision for Unemployment Insurance benefits.

Complete this form only for:

1. Employing units with eligible employees who are California residents whose services are covered by the unemployment compensation laws of another state that does not have a disability insurance program under Section 702.6 of the CUIC.

OR

2. Employees of any of the following:
x A public school employer under Section 710.4 of the CUIC. x A public agency employer under Section 710.5 of the CUIC. x An Indian tribe under Section 710.6 of the CUIC.
x A community college district under Section 710.9 of the CUIC.

NOTE: If your application is approved, the elective coverage agreement will be subject to all of the requirements and condition s outlined in the Information Concerning Elective Coverage for State Disability Insurance ONLY Under Section 702.6, 710.4, 710.5, 710.6, or 710.9 of the California Unemployment Insurance Code (DE 1378P) form. Please retain your copy of the DE 1378P for reference.
******************
Please Type or Print

1. Name of Employer
(Phone)

2. Business Address
(Number and Street) (City) (County) (State) (ZIP Code)

3. Mailing Address
(Number and Street) (City) (County) (State) (ZIP Code)

4. Type of Employer – (Check one)

Employing Unit With Eligible Employees – Section 702.6

Public School – Section 710.4 Indian Tribe – Section 710.6

Public Agency – Section 710.5 Community College District – Section 710.9

5. Law under which agency/employer was established. (Does not apply to Indian Tribes.)

(a) California General Laws
Title of Act Number Year Enacted
OR
(b) California Codes
Title of Code Number Part Chapter
Sections to

6. Members of governing body of the employer.

Name Title Residence Address
DE 1378N Rev. 13 (12-13) (INTERNET)

7. This application covers employees of the following appropriate units:

Bargaining Unit

Management

Confidential

Unrepresented
Academic

Other
Show Name of Bargaining Unit or Describe Type of Services

8. Complete this schedule covering all elected officers and appointees who perform services for the agency named in Item

1. Exclude individuals listed in Item 6.

(a) Elected offices: (These individuals are ineligible for coverage.) Title of Position

(b) Person holding appointive positions: (These individuals are eligible for coverage unless appointed to fill a vacant elected office.)

Title of Position
No. of Positions
in this Category By Whom A ppointed
No. of Such Individuals
Desirin g Coverage

(c) Total number of employees to be covered (excluding elected officers and those appointed by the Governor).

9. Deductions should not be made from your employees' wages for the purpose of paying employee contributions required under the CUIC until your election is approved.

10. On what date do you wish elective coverage to commence? Keep in mind that the commencement date of an elective coverage agreement shall not be prior to the first day of the calendar quarter in which the application is filed, nor later than the first day of the following calendar quarter.

First day of current quarter First day of next quarter

11. Attach a copy of either:
x The negotiated agreement between the employer and the recognized employee organization or written petition signed by a majority of the eligible employees to be covered by the election under Section 702.6 of the CUIC.

OR
x The resolution in which the governing body described in Item 6 approved the filing of an application for elective coverage under Section 710.4, 710.5, 710.6, or 710.9 of the CUIC. ******************

The employing unit with eligible employees or governmental or tribal entity described in Item 1 hereby files its application under Section 702.6, 710.4, 710.5, 710.6, or 710.9 of the CUIC to become an employer subject to the CUIC. It is understood that upon approval of the election by the Director, the Employing Unit/Public School/Public Agency/Indian Tribe/Community College District will be an employer subject to the CUIC for State Disability Insurance purposes ONLY to the same extent as other employers as of the date specified in the approval, and will remain a subject employer for at least two complete calendar years and thereafter, until this election is terminated as provided by the CUIC.

I declare that this application has been examined by me, and to the best of my knowledge, it is true and correct and made in good faith under the provisions of the CUIC.

This declaration must be signed by one
or more individuals shown under Item 6.
(Signed) Date
(Signed) Date
(Signed) Date

April 2008

CITY OF MILPITAS

SHORT TERM DISABILITY FACT SHEET

WHAT IS SHORT TERM DISABILITY?
Short-term disability (STD) is a partial wage-replacement plan to compensate employees who are off of work for non-industrial illnesses and injuries on a temporary basis. STD is replaced by Long-term disability (LTD) after 60 days. LTD must be applied for while on STD. If the LTD request is not approved, then STD will continue up to one year (52 weeks).

HOW IS STD RUN?
The City funds its own disability compensation plan for non-industrial illnesses and injuries; we do not participate in the California State Disability Insurance (SDI) plan. The C ity’s plan is based on the State plan and employees are compensated according to the State payment plan.

WHO IS ELIGIBLE FOR STD?
Regular employees who have completed probation and who are not covered by another City disability program are eligible for STD. (Exceptions: IAFF members are not eligible; MPOA members are covered by their own plan.) If you have not yet completed your probationary period and previously worked for a private employer, you may be eligible for the State Disability Insurance program. For information, please contact the California State Employment Development Department.

Employees are eligible for STD after the have used any accrued leave banks.

You are not eligible for STD payments if:
- The injury/illness occurred during the cour se of other employment (Workers’ Compensation) - You are in legal custody as a result of a conviction or confined by court order - Your employment with the City is terminated

WHAT IS THE BENEFIT PERIOD?
The benefit period begins 7 calendar days following the disability or on the date of hospitalization, whichever comes first. The maximum benefit period is 52 weeks.

HOW DOES AN EMPLOYEE APPLY FOR STD?
To apply, submit: (1) a letter requesting time off and STD compensation; and (2) a doctor’s verification of disability that includes the date disability began and the anticipated date expected to return to work. Letters and the doctor’s verification should be submitted to Human Resources.

It is important that this information is given to Human Resources as soon as possible to ensure timely payment of benefits.

Should you remain ill or injured beyond the original expected return date, you will need to submit an updated doctor’s certification with the new expected return date before any further payments will be made.

At the City’s discretion and expense, you may be required to submit to an examination and receive proof of disability from a provider chosen by the City.

April 2008
HOW ARE MY BENEFITS CALCULATED?
Your benefit is calculated based on your current earnings. The earnings are averaged to determine quarterly wages. The quarterly wages are used to determine the weekly benefit rate from the State Disability Insurance (SDI) Weekly Benefit Amount Chart.

WHEN WILL STD PAYMENTS BE MADE?
Once your documentation has been received and the waiting period (if applicable) has been fulfilled, payments will be made following the standard payroll schedule. STD payments will not be made if the employee is on city paid leave.

ARE MY DISABILITY PAYMENTS TAXABLE?
Yes, they are taxed as regular income.

WHAT IS AN EMPLOYEE’S STATUS WHILE ON STD?
An employee receiving STD compensation is on Leave Without Pay. The Family Medical Leave Act (FMLA) will run concurrent with STD, if eligible.

CAN I RECEIVE STD BENEFITS FOR PREGNANCY?
Yes. The usual disability period for a NORMAL pregnancy is up to four weeks before the expected due date and up to six weeks after a vaginal delivery or up to 8 weeks for a Cesarean Section. However, your doctor may certify to a longer period of disability if there are medical complications, or if you aren’t able to perform your regular or customary job duties.

WILL MY STD BENEFITS INCREASE OR DECREASE?
No, once your claim is established, your weekly benefit amount remains the same for the duration of that disability claim.

WHAT IF I HAVE FURTHER QUESTIONS?
Please contact the Human Resources Department.

13 Long-Term Disability
Long-Term Disability (LTD)
Long-term disability (LTD) insurance coverage helps protect you by replacing part of your income in the event you are unable to work due to a long-term illness or injury. The City offers a Core long‐term disability plan and Buy‐Up option through The Lincoln Financial Group.

Benefit Highlights Lincoln Financial Group
Elimination Period 60 Days
Monthly Benefit Percentage 60% of Base Monthly Earnings Up to Maximum Monthly Benefit
Maximum Monthly Benefit
Core LTD $1,500
Buy-Up LTD $6,000
Definition of Disability Loss of duties
Mental Health/Substance Abuse Limitations 24 Months
Survivor Income Benefit 3x gross monthly benefit
Maximum Benefit Duration Later of Age 65 or SSNRA
Pre-Existing Condition Limitation 3 Months Prior/
12 Months Insured
Waiver of Premium Included
The above information is provided for illustrative purposes only. Refer to the applicable carrier material for exact description of plan benefits and conditions.

Please note: If this is not your initial eligibility period, you will need to complete the Evidence of Insurability (EOI) for Medical Underwriting. Lincoln may charge $80 for the completion of the EOI/ Medical Underwriting process.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to DeSilva Gates Construction, LLC for Dempsey Road and Great Mall Parkway (Phase II) Street Resurfacing Project and Approve Budget Amendment for Street Resurfacing Project FY24-25 (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: 2/17/2026
Recommendation: Adopt a resolution to (1) Approve project plans and specifications; (2) Award the Construction Contract to DeSilva Gates Construction, LLC, the lowest responsible bidder, submitting a responsive bid in the amount of $4,229,695; (3) Authorize the City Manager, or designee, to execute the construction contract with DaSilva Gates Construction, LLC; (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not-to-exceed $635,000 for the Dempsey Road and Great Mall Parkway (Phase II) Street Resurfacing Project, CIP Nos. No. 3440, 4283, 4295, 4304, 4305, 7118; and (5) Approve a Budget Amendment to increase the Senate Bill 1 Road Maintenance and Rehabilitation Account funding in the amount of $333,311.50 and Vehicle Registration Fee funding in the amount of $39,502 for the Street Resurfacing Project 2024-25, CIP Project No. 4300.

BACKGROUND:

The Traffic and Transportation Engineering section of the Public Works Department is responsible for the planning and managing the City Street Resurfacing Program. Streets identified annually for the repair, rehabilitation, and/or reconstruction are based on the Pavement Technical Assessment Program (P-TAP) report developed by the Metropolitan Transportation Commission (MTC). The P-TAP report provides agencies with recommendations to optimize the pavement condition rating and the use of funding. According to the 2024 P-TAP report, the City Pavement Condition Index (PCI) stands at 71, classified as "Good Condition" and above the Bay Area average of 67. It is the City’s goal to maintain a minimum PCI rating of 70 throughout its infrastructure.

The Dempsey Road and Great Mall Parkway (Phase II) Street Resurfacing Project, CIP Nos. 3440, 4283, 4295, 4300, 4304, 4305, 7118 (Project) workplan is included in the adopted FY2026-2030 Capital Improvement Program. The resurfacing of Dempsey Road and Great Mall Parkway (Phase II) was approved as part of the Street Resurfacing Project FY2023-24, CIP No. 4300 and FY2024-25, CIP No. 4305, respectively.

The Project provides for the design and construction of asphalt concrete improvements consisting of grind and overlay, cape, crack and slurry sealing, and spot repairs; concrete improvements consisting of repairs to curb, gutter, and sidewalk, and curb ramp replacements in compliance with the Americans with Disabilities Act; pedestrian improvements and signal modification at traffic signal intersections; upgrades to bike lane facilities; and reinstallation of striping and pavement delineation. As part of the accepted workplan, the Project included the following streets as the base bid:

• Alder Drive from Barber Lane to E. Tasman Drive
• Dempsey Way
• Dempsey Road from S. Park Victoria Drive to Yosemite Drive • Great Mall Parkway from McCandless Drive to Montague Expressway • Tasman Drive from Alder Drive to 880 Southbound On/Off Ramps

• Yosemite Drive from S. Milpitas Blvd to S. Park Victoria Drive • Railroad Court, north of Railroad Avenue

In the event of sufficient funding, staff also included the following work as bid alternatives to award with the base scope:

• Alternative 1: Great Mall Parkway Delineator Post (to be included in award) • Alternative 2: Escuela Parkway Separated Bike Lanes

ANALYSIS:

The Project was advertised on the City eProcurement system, OpenGov Procurement, and digital construction trade publications on November 14, 2025, and in the Milpitas Post on November 14 and 21, 2025, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act and City Ordinance I-2-3.08 – Formal Bid Procedures. 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 January 7, 2026, and eleven (11) sealed bids were received with prices ranging for the base bid from $4,091,695.00 to $5,660,818.24. The apparent lowest bidder was DeSilva Gates Construction LLC, submitting a base bid in the amount of $4,091,695. The City Council agenda packet includes detailed information about the Project’s Plan and Specifications (Attachment B); and the Engineer’s Construction Estimate and the Bid Results for the Project’s base bid and alternative bid items (Attachment C). The Summary of Bid Results is as follows:

Bidder Base Bid Bid Alternate No. 1 Bid Alternate No. 2 Engineer’s Estimate $6,096,384.00 $177,250.00 $259,830.00

DeSilva Gates Construction LLC $4,091,695.00 $138,000.00 $228,640.00 McKim Corporation $4,226,769.40 $137,350.00 $221,425.00 Radius Earthwork, Inc. $4,236,866.15 $159,337.50 $238,182.00 McGuire and Hester $4,558,716.50 $139,750.00 $272,409.00 MCK Services, Inc. $4,619,757.25 $177,200.00 $244,325.00 Bay Cities Paving & Grading, Inc. $4,683,948.55 $130,691.91 $219,066.91 G. Bortolotto & Company, Inc. $4,845,452.25 $151,700.00 $244,775.00 O'Grady Paving, Inc. $4,905,877.25 $157,250.00 $228,225.00 Interstate Grading & Paving, Inc. $5,046,150.00 $152,150.00 $247,115.00 Mountain Cascade, Inc. $5,463,965.00 $89,627.00 $203,448.00 Rapid Grading Services $5,660,818.24 $127,590.25 $205,354.37

The bid pricing received varies between 7% to 33% under the Engineer’s Construction Estimate. The variation is likely due to various factors such as, but not limited to, favorable construction market, timing of the bid posting, contractor’s work schedule, an increase in competition among contractors, contractors’ ability to self- perform work instead of using subcontractors, the economic scale of the Project, and/or reduced costs in material and labor.

Staff reviewed the bid proposal submitted by DeSilva Gates Construction, LLC, the apparent lowest bidder, and found their bid proposal to be responsive. Staff recommends awarding a construction contract in the base bid amount of $ $4,091,695.00 plus alternate bid item no. 1 in the amount of $138,000.00 for the total amount of $4,229,695.00 to DeSilva Gates Construction, LLC, the lowest responsible bidder submitting a responsive bid. No bid protests were filed with the City. There is sufficient funding available in the Project budget to award this contract, and no additional funding appropriation is required. Bid Alternative Bid Item No. 2, Escuela Parkway Separated Bike Lanes, is not recommended for award at this time, as the City is evaluating potential future improvements along Escuela Parkway and it is not yet determined whether this separated bike lane project is the appropriate alternative.

The construction contingency established for the Project to address any unforeseen conditions that arise during construction is $635,000 which is approximately 15% of the total contract value. 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 D). 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.

PROJECT/PROGRAM SCHEDULE:

Upon City Council adoption of the Resolution (Attachment A), construction is anticipated to start in March/April 2026 and be completed by the end of the summer.

BUDGET AMENDMENT FOR STREET RESURFACING PROJECT FY 2024-25, CIP PROJECT NO. 4300 The City receives allotment of tax-generated funding annually from the County of Santa Clara and State through Measure B, Senate Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA), and Vehicle Registration Fee (VRF). This funding is dedicated to the annual Street Resurfacing Project to meet the City goal of maintaining a minimum PCI rating of 70 throughout its infrastructure.

The City Council adopted a budget allocation of the SB1 RMRA and VRF funding of $2,000,000 and $500,000, respectively, for Street Resurfacing Project FY 2024-25, CIP Project No. 4300 (CIP No. 4300) as part of the FY2025-2029 Capital Improvement Program adopted on June 3, 2025. As the budget was adopted prior to the release of the actual amount by the State and County of Santa Clara, the budget allocations were based on conservative historic actuals over the past five years. Therefore, a Budget Amendment is required to align with the actual funding received for the CIP No. 4300 the following year.

In FY2024-25, the City received $2,333,311.50 in SB1 RMRA funding from the State where $2,231,511.47 was the funding allocation and $101,800.03 was the accrued interest; and $539,502.00 in VRF funding from the County of Santa Clara. Staff is recommending City Council approve a Budget Amendment (Attachment E) in CIP Project No. 4300 to appropriate the increase in SB1 RMRA funding in the amount of $333,311.50 and VRF in the amount of $39,502 to account for differences from the projected allocation versus the actual allocation received in order to qualify all Project expenditures for reimbursement.

The following is a summary of the requested Budget Appropriations for the Project:

Project No. 4300

Current Adopted
Budget
Proposed Budget
Increase/(Decrease)
Proposed Budget Total
SB1 RMRA $2,000,000 $333,311.50 $2,333,311.50
Measure B $2,097,562 - $2,097,562
Vehicle Registration Fee $500,000 $39,502 $539,502
Total $4,597,562 $372,813.50 $4,970,375.50

An increase in revenues from Measure B and Vehicle Registration Fees in FY2024-25 coupled with a favorable bid pricing for the Project has resulted in approximately $1.5-2 million in unanticipated funding surplus. Staff is evaluating costs and viable streets to undertake a street preservation project in 2027, similar to the 2025 Street Sealing Project completed on Calaveras Blvd., N. Park Victory Drive, and Temple Ave. and adjacent streets.

These preservation projects extend the life of streets with PCI values between 50 and 70, thereby supporting the City effort to maintain an overall PCI value of 70 or better.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve of the Project’s plans and specifications and award the construction contract to DeSilva Gates Construction, LLC.

Pros: None.

Cons: A denial would delay the completion of the annual repairs and rehabilitation of the City’s roadway infrastructure.

Reason for Not Recommending: The Project would need to be re-advertised, resulting in a minimum six-month delay and causing it to miss the ideal construction season. A postponement would push the Project to be constructed into the rainy season, which could potentially increase total construction costs. In addition, not completing the Project this summer may adversely impact the City’s overall PCI rating.

Alternative 2: Do not approve the Budget Amendment for the Street Resurfacing Project FY2024-25, CIP Project No. 4300.

Pros: None.

Cons: Not approving the Budget Amendment according to the actual funding received will not allow the City to qualify all Project expenditures for reimbursement.

Reason for Not Recommending: The City will not be able to collect the full allotment of funding from State and Couty of Santa Clara for reimbursement of expenditures.

FISCAL IMPACT:

The Project will be funded by various CIP projects, including Nos. 3440, 4283, 4295, 4300, 4305, and 7118, to complete the work. Adequate funds are available across all CIP projects and no additional funding is required.

In summary, CIP Project No. 3440 will fund all the traffic signal modifications along Great Mall Parkway; CIP Project No. 4283 will fund curb ramp replacements and associated concrete improvements; CIP Project No. 4295 will fund the restriping on Yosemite Drive from S. Milpitas Blvd to Dempsey Road; CIP Project No. 4300 will fund concrete, asphalt, and striping improvements on Alder Drive from Barber Lane to E. Tasman Drive, Great Mall Parkway from McCandless Drive to Montague Expressway, and Tasman Drive from Alder Drive to 880 Southbound On/Off Ramps; CIP Project No. 4305 will fund concrete, asphalt, and striping improvements on Dempsey Road from S. Park Victoria Drive to Yosemite Drive, Dempsey Way, Railroad Court, and Yosemite Drive from Dempsey Road to S. Park Victoria Drive; and CIP Project No. 7118 will fund portion of the asphalt and striping improvements on Dempsey Road and Yosemite Drive due to the recently water main replacement project. The allocation of the funding from various CIP projects are summarized as follows:

Summary of Estimated Construction Cost:

Base Bid $4,091,695.00
Bid Alternative No. 1 $138,000.00
15% Contingency $635,000.00
Total $4,864,695.00

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The Project consists of the repair and maintenance of existing public streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities as it involves negligible or no expansion of existing use, which is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301. The Notice of Exemption was filed with the County of Santa Clara on October 22, 2025.

Project CIP Number
Project Funding
Allocation
Uncommitted Balance
as of January 23, 2026
Project No. 3440 $270,000.00 $1,534,615.96
Project No. 4283 $200,000.00 $540,000.19
Project No. 4295 $119,063.50 $202,106.73
Project No. 4300 $2,522,580.50 $4,469,065.97
Project No. 4305 $728,051.00 $1,486,382.89
Project No. 7118 $390,000.00 $2,385,802.96
Total Funding Allocation $4,229,695.00 $10,617,974.70

ATTACHMENT(S):
(a) Resolution
(b) Project Plan and Specifications
(c) Bid Results Summary
(d) Construction Change Order Policy
(e) Budget Change Form

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE PROJECT PLANS AND SPECIFICATIONS; AWARDING

THE CONSTRUCTION CONTRACT TO THE LOWEST RESPONSIBLE AND

RESPONSIVE BIDDER, DESILVA GATES CONSTRUCTION, LLC, IN THE AMOUNT OF $4,229,695; AUTHORIZING THE CITY MANAGER, OR

DESIGNEE, TO EXECUTE THE CONSTRUCTION CONTRACT WITH
DESILVA GATES CORPORATION, LLC; AND AUTHORIZING THE PUBLIC

WORKS DIRECTOR TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT-TO-EXCEED $635,000 FOR

THE DEMPSEY ROAD AND GREAT MALL PARKWAY (PHASE II) STREET RESURFACING PROJECT, CIP NOS. NO. 3440, 4283, 4295, 4304, 4305, 7118; AND

APPROVING THE BUDGET AMENDMENT TO INCREASE THE STATE BILL 1 ROAD MAINTENANCE AND REHABILITATION ACCOUNT (SB1 RMRA) FUNDING IN THE AMOUNT OF $333,311.50 AND VEHICLE REGISTRATION FEE (VRF) FUNDING IN THE AMOUNT OF $39,502 FOR THE STREET RESURFACING PROJECT 2024-25, CIP PROJECT NO. 4300

WHEREAS, The workplan of the Dempsey Road and Great Mall Parkway (Phase II) Street Resurfacing Project, CIP Nos. 3440, 4283, 4295, 4300, 4304, 4305, 7118 (collectively referred to herein as the “Project”) is included in the adopted FY2026-2030 Capital Improvement Program. The Project provides for the design and construction of asphalt concrete improvements consisting of grind and overlay, cape, crack and slurry sealing, and spot repairs; concrete improvements consisting of repairs to curb, gutter, and sidewalk, and curb ramp replacements in compliance with Americans with Disabilities Act; pedestrian improvements and signal modification at traffic signal intersections; upgrades to bike lane facilities; and reinstallation of striping and pavement delineation. As part of the accepted workplan, the Project included the following streets as the base bid:

• Alder Drive from Barber Lane to E. Tasman Drive;
• Dempsey Way;
• Dempsey Road from S. Park Victoria Drive to Yosemite Drive; • Great Mall Parkway from McCandless Drive to Montague Expressway; • Tasman Drive from Alder Drive to 880 Southbound On/Off Ramps; • Yosemite Drive from S. Milpitas Blvd to S. Park Victoria Drive; and • Railroad Court, north of Railroad Avenue.

The Project also included the following work as bid alternatives for possible award in addition to the base scope subject to funding:

• Alternative 1: Great Mall Parkway Delineator Post
• Alternative 2: Escuela Parkway Separated Bike Lanes

WHEREAS, the Project was advertised on the City eProcurement system, OpenGov Procurement, and digital construction trade publications on November 14, 2025, and in the Milpitas Post on November 14 and 21, 2025, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act and City Ordinance I-2-3.08 – Formal Bid Procedures; and posted at Milpitas City Hall, Sports Center, and Senior Center per City Council direction and Government Code section 36933; and

2 Resolution No. xxxx
WHEREAS, the Engineer’s Construction Estimate for the Project’s Base Bid is $6,096,384.00, Bid Alternate No. 1 is $177,250.00, and Bid Alternate No. 2 is $259,830.00; and

WHEREAS, on January 07, 2026, eleven (11) sealed bid proposals were received and the base bid pricing ranged from $4,091,685.00 to $5,660,818.24; and

WHEREAS, the lowest responsible bidder submitting a responsive bid is DeSilva Gates Construction, LLC, in the amount of $4,091,695.00; and

WHEREAS, the Notice of Intent to Award Contract to DeSilva Gates Construction, LLC was posted on OpenGov Procurement and no bid protest was filed with the City within seven (7) days of the notice of intent to award as set forth in the Milpitas Municipal Code I-2-3.19 – Protest Procedure; and

WHEREAS, staff recommends the City Council award a construction contract to DeSilva Gates Construction, LLC, 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 Alternative Bid No. 1 in the amount of $4,229,695.00 in accordance with the State law; and

WHEREAS, sufficient funds are available in the Project to award the contract to DeSilva Gates Construction, LLC in the total amount of $4,229,695.00; 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 $635,000, fifteen percent (15%) of the total contract value, 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 approve the Budget Amendment to increase the State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA) funding in the amount of $333,311.50 and Vehicle Registration Fee (VRF) funding in the amount of $39,502 for the Street Resurfacing Project 2024-25, CIP Project No. 4300.

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 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, DeSilva Gates Construction, LLC, in the amount of $4,229,695.00 for Project. The City Manager or their designee is authorized to execute a contract with DeSilva Gates Construction, LLC not to exceed this amount and take all necessary actions to effectuate this award.

3 Resolution No. xxxx

4. The Public Works Director is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $635,000.00 for the Project.

5. The City Council hereby approves the Budget Amendment to increase the SB1 RMRA funding in the amount of $333,311.50 and VRF funding in the amount of $39,502 for the Street Resurfacing Project 2024-25, CIP Project No. 4300.

PASSED AND ADOPTED this 17th day of February, 2026 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

RevisionsRecord Drawings

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STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305, 7118
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Lyhak Eam
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Michael Silveira

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SURVEY MONUMENT DETAILS MANHOLE DETAILS VALVE DETAILS - PAGE 1 VALVE DETAILS - PAGE 2

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GRIND AND HMA OVERLAY
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ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

700
690
680
660
Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
CALTRANS STANDARD PLAN A20A CALTRANS STANDARD PLAN A20B 79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
CALTRANS STANDARD PLAN A20D CALTRANS STANDARD PLAN A24A 79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
CALTRANS STANDARD PLAN A24C CALTRANS STANDARD PLAN A24D 79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
CALTRANS STANDARD PLAN A24F CALTRANS STANDARD PLAN A24G 79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P

RRFB ASSEMBLY ON NEW POLE (WITH PPB) GREEN-BACKED BIKE LANE

BIKE LANE CONFLICT ZONE

YIELD TRIANGLE LIMITS STOP MARKING LIMITS
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

NORTH
Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

R/W
R/W
Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

R/W
R/W
R/WR/W
R/W
R/W
R/W
R/W
R/W
Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

R/W
R/W
R/W
R/W
R/W

R/W R/W
Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

R/W
R/W
R/W

R/W R/W
R/W
R/W
R/W
Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
LOCATION OF IMPROVEMENTS PAVEMENT RESTORATION SANITARY AND STORM MANHOLE DETAILS - PAGE 1 SANITARY AND STORM MANHOLE DETAILS - PAGE 2 SANITARY AND STORM MANHOLE DETAILS - PAGE 3

CURB & GUTTER DETAILS
NOTE: DETAILS PROVIDED ARE FOR

TYPICAL INSTALLATION AND MAY NOT
REPRESENT EXISTING CONDITIONS.

CONTRACTOR SHALL BE RESPONSIBLE

FOR FIELD VERIFYING EXISTING
CONDITIONS PRIOR TO WORK.
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NOTE: DETAILS PROVIDED ARE FOR

TYPICAL INSTALLATION AND MAY NOT
REPRESENT EXISTING CONDITIONS.

CONTRACTOR SHALL BE RESPONSIBLE

FOR FIELD VERIFYING EXISTING
CONDITIONS PRIOR TO WORK.

COMMERCIAL DRIVEWAY WITH FLARES

RESIDENTIAL DRIVEWAYRESIDENTIAL SIDEWALK DETAILSCOMMERCIAL SIDEWALK DETAILS 79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
CURB & GUTTER REPLACEMENT DETAIL 3" GRIND AND 3" RUBBERIZED HMA OVERLAYGRIND AND RUBBERIZED HMA OVERLAY WITH BASE REPAIR 79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
SURVEY MONUMENT DETAILS VALVE DETAILS - PAGE 1
VALVE DETAILS - PAGE 2
VALVE DETAILS - PAGE 3

CURB STORM DRAIN INLET
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

NOTE: TYPICAL CURB RAMP PAY LIMITS, 4' MINIMUM. UP TO THE NEAREST SCORE LINE CALTRANS STANDARD PLAN A88ACALTRANS STANDARD PLAN A88B
RevisionsSTREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II)CIP NO. 4283, 4300, 4304, 4305Record Drawings4283, 4300,4304, 4305 CALIFORNIAJANUARY 26, 1954
OFTYCI

INCORPORATED

ITASLMIP
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

T
C
T
L
L
T
T
L
L
L
LL
T
L
L
52 51
52 54
E

TASMAN DRIVE
INTERSTATE 880

ON-RAMP
15000
15001
E

RAMP METER

50.37 AC

50.64 AC

50.88 AC

51.22 AC

51.52 AC
E
E

RAMP METER
E

RAMP METER
E

51.52 AC

51.74 AC

51.64 AC

51.58 AC

51.48 AC
XFMR

51.24 AC
E
E

51.11 AC
E

CATCH BASIN
FL 50.30 @CL
INV. 18" 43.51(N)
INV. 12" 43.53(W)
SUMP 43.56

50.5 49.5

50.3 50.0
UNK UTILITY 3'' CONDUIT

51.49 EP

51.6 51.7
E

RECYCLED WATER

51.64 EP

51.48 AC

51.80 AC

52.9 GB

52.1 GB

53.1 GB
E

RAMP METER
E

RAMP METER
E

52.52 AC

52.36 AC

52.12 AC

51.94 AC

51.72 AC

51.52 AC

51.78 AC

51.96 AC

52.20 AC

52.32 AC

51.73 AC

51.56 AC
SWL
SWL
WMA 2'
WMA 2'
SYL
SWL

53.96 TC

53.34 FL

53.32 LIP

54.08 BOW53.64 TC

53.10 FL

53.02 LIP

53.81 BOW

52.30 TC

51.64 EP

51.61 LIP

52.53 BOW

52.62 TC

51.97 FL

51.96 LIP

52.94 GB

52.88 TC

52.23 FL

52.26 LIP

53.17 BOW

53.26 TC

52.70 FL

52.63 LIP

53.49 BOW

53.52 TC

52.58 FL

52.49 LIP

53.70 BOW

51.21 BOW

50.61 FL

50.50 LIP

51.41 BOW

51.75 TC

51.10 FL

51.07 LIP

51.97 BOW

52.08 TC

51.42 FL

51.36 LIP

52.28 BOW

51.71 TC

51.60 FL

51.55 LIP

52.45 BOW

52.27 TC

51.53 FL

51.34 LIP

52.40 BOW52.04 TC

51.41 FL

52.12 BOW

51.48 TC

50.84 FL

51.60 BOW

50.95 TC

50.27 FL

51.07 BOW
E

CATCH BASIN
TC 53.50 @CL
INV. 18" 45.87(N)
SUMP 45.85
WMA 2'
WMA 2'

GREAT MALL PARKWAY

HANDRAIL

HANDRAIL

HANDRAIL
FCL 6'

50.48 BRC

50.44 BRC

52.46 BOW

52.48 BOW

52.07 CONC

52.04 CONC

51.88 CONC

51.84 CONC

50.59 CONC

51.25 CONC

51.37 CONC

52.60 CONC

52.78 CONC

52.36 CONC

52.36 CONC

SURVEY ABBREVIATIONS

AC ASPHALT CONCRETE

BRC BACK OF ROLLED CURB

CAB CABINET (UTILITY)

CB CATCH BASIN

CONC CONCRETE

EP EDGE OF PAVEMENT

FCL FENCE, CHAIN LINK

FL FLOWLINE

GB GRADE BREAK

GS GROUND SHOT (SPOT ELEVATION)

INV INVERT ELEVATION (UTILITY)

LIP LIP OF GUTTER

SWL SOLID WHITE LINE (STRIPING)

SYL SOLID YELLOW LINE (STRIPING)

TC TOP OF CURB

UNK UNKNOWN (UTILITY)

WMA WALL, MASONRY

XFMR TRANSFORMER (UTILITY)

SURVEY CONTROL

HORIZONTAL DATUM
NORTH AMERICAN DATUM OF 1983 (NAD83).

COORDINATE SYSTEM

COORDINATES SHOWN HEREON ARE GROUND AND BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE III.

VERTICAL DATUM
NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88).

PROJECT BENCHMARK
SET CHISELED X, POINT# 15002, IN CONCRETE, LOCATED ALONG THE SOUTH SIDE OF TASMAN DRIVE, APPROXIMATELY 175' WEST OF THE INTERSTATE 880 ONRAMP, 89' WEST OF AN ELECTRIC RAMP METER, AND 62' WEST OF A STREET LIGHT.

ELEVATION = 48.15 FEET (NAVD88)

UTILITY LINES

MISCELLANEOUS LINES
51 HARDSCAPE LINES

CONTROL POINT

CATCH BASIN/CURB INLET

CONTOUR WITH LABEL

ELEVATION W/ DESCRIPTION

NATURAL GROUND SPOT ELEVATION

MARKER POST
METER

PEDESTAL
STUB
BOX

TRAFFIC SIGNAL

BACK OF CURB

FACE OF CURB

FLOWLINE

LIP OF GUTTER

SIDEWALK/CONCRETE

FENCE, CHAIN-LINK (HEIGHT AND TYPE NOTED)

STORM DRAIN

SURVEY LEGEND

GENERAL

51.24 EP

51.2 WALL (HEIGHT AND TYPE NOTED)

UTILITIES

CONTROL POINT TABLE
POINT
15000
15001
15002

NORTHING
1976590.58
1976733.28
1976664.81

EASTING
6151220.17
6151205.87
6151008.44

DESCRIPTION

SET MAG
SET X
SET X

1. THE FIELD WORK FOR THIS SURVEY WAS CONDUCTED IN JULY 2023.

2. NO ATTEMPT WAS MADE TO IDENTIFY THE NATURE OF USE OF UNDERLYING LAND SHOWN HEREON. ANY

POTENTIAL PAST USES, INCLUDING THOSE WHICH MAY HAVE RESULTED IN SIGNIFICANT ENVIRONMENTAL OR CULTURAL IMPACTS, WERE NOT ASSESSED BY THIS SURVEY.

3. PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION ON THIS SITE, IT IS ADVISED THAT ALL INVOLVED PARTIES REVIEW SECTION 8771 AND SECTION 8725 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, AND SECTION 605 OF THE CALIFORNIA PENAL CODE TO ENSURE THAT MONUMENT CONSERVATION HAS BEEN PROPERLY ADDRESSED.

4. NOTHING ON THIS SURVEY SHALL BE INTERPRETED IN A MANNER CONTRARY TO THESE STATEMENTS.

5. PHYSICAL ITEMS SHOWN ON THIS SURVEY ARE LIMITED TO THOSE SURFACE-VISIBLE STRUCTURES, FACILITIES, AND FEATURES OBSERVED AT THE TIME OF THE FIELD SURVEY. SUBSURFACE OBJECTS, IF ANY, WERE NOT LOCATED BY THIS SURVEY.

6. NO BOUNDARY SURVEY WAS PERFORMED AS PART OF THIS SURVEY.

SURVEY NOTES:
15000
15001
15002
Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
odellengineering.com
1165 Scenic Drive, Suite A
Modesto, CA 95350
N.T.S.

VICINITY MAP
5 10 20
SCALE: 1" = 10'
0 NIMITZ FREEWAY
INTERSTATE 880

TASMAN DRIVE

GREAT MALL PARKWAY

FREEWAY OFFRAMP
ONRAMP

RAILROAD
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

NOTES

1. AT LOCATIONS WHERE R/W IS NOT IDENTIFIED, EXISTING BACK OF WALK SHALL BE ASSUMED AS RIGHT OF WAY LIMITS.

2. CONTRACTOR TO VERIFY ALL DEPTHS AND LOCATIONS OF UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY CITY ENGINEER OF ANY POTENTIAL CONFLICTS.

3. UNLESS OTHERWISE NOTED, PEDESTRIAN CURB RAMPS TO BE CONSTRUCTED PER CITY OF HOLLISTER STANDARD DETAIL A-9-1. GRADES TO CONFORM TO 2018 CALTRANS STD RSP A88A REQUIREMENTS.

4. EXISTING SURFACE EQUIPMENT (TRAFFIC SIGNAL POLES, BOXES, FIRE HYDRANTS, JOINT UTILITY POLES, etc.) TO REMAIN UNLESS OTHERWISE NOTED.

5. PRIOR TO REMOVING EXISTING SIDEWALK, CONTRACTOR MUST VERIFY LOCATIONS

OF EXISTING PRIVATE IRRIGATION SYSTEMS THAT MAY BE IMPACTED BY CONSTRUCTION. CONTRACTOR TO PROTECT ALL EXISTING IRRIGATION IMPROVEMENTS IN PLACE DURING CONSTRUCTION. IMMEDIATELY NOTIFY THE ENGINEER OF ANY EXISTING IRRIGATION THAT MAY CONFLICT WITH THE WORK.

6. THE CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL EXISTING IMPROVEMENTS

THAT ARE IN CONFLICT WITH THE PROPOSED IMPROVEMENTS, INCLUDING THOSE NOT

SPECIFICALLY REFERENCED IN THESE PLANS, UNLESS NOTED TO BE DONE BY OTHERS. OTHER THAN THE TEMPORARY REMOVAL OF LANDSCAPING, DO NOT REMOVE ANY IMPROVEMENTS BEHIND THE BACK OF SIDEWALK.

7. ALL UTILITY PIPES, DUCTS, BOXES, VAULTS, AND STRUCTURES SHALL BE PROTECTED IN PLACE UNLESS OTHERWISE NOTED.

8. SEE PAVEMENT REHABILITATION AND STRIPING PLAN FOR CORRESPONDING DETAILS.

9. EXISTING SIDEWALK, CURB, AND GUTTER REMOVAL LIMITS AS SHOWN ON THESE PLANS ARE INTENDED TO BE LOCATED AT WEAKENED PLANE JOINT OR SCOREMARK.

CONTRACTOR TO FIELD VERIFY AND NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO THE START OF CONSTRUCTION.

10. SAWCUT AND REMOVE PAVEMENT SECTION TO 12" DEPTH TO A NEAT LINE WITHOUT DAMAGING EXISTING AC OR CONCRETE THAT IS TO REMAIN IN PLACE. ANY DAMAGE

TO THE ADJACENT SURFACE MATERIAL TO REMAIN MUST BE REPAIRED OR REPLACED TO A CONDITION SATISFACTORY TO THE ENGINEER AT THE CONTRACTOR'S EXPENSE.

11. CONTRACTOR TO MARK OUT LIMITS OF ALL IMPROVEMENTS AND VERIFY WITH CITY ENGINEER PRIOR TO BEGINNING CONSTRUCTION.

12. RESTORE LANDSCAPING BEHIND BACK OF SIDEWALK TO PRE-CONSTRUCTION CONDITION. AREAS OF GRASS SHALL BE REPLACED WITH SOD. REPAIR ANY DAMAGE TO PRIVATE IRRIGATION SYSTEMS.

13. ALL AREAS IDENTIFIED WITH NOTE 13 ARE CONFORM AREAS WITH A MAXIMUM 2% CROSS SLOPE AND MAXIMUM 5% RUNNING SLOPE.

14. CONTRACTOR IS RESPONSIBLE FOR LAYING OUT THOSE CURB RAMPS WHERE

VERTICAL CONTROL IS NOT PROVIDED, AS NECESSARY TO CONSTRUCT AN

ADA-COMPLIANT CURB RAMP THAT COMPLIES WITH THE STANDARD PLANS REFERENCED. THAT WORK IS PAID FOR AS LAYOUT CURB RAMP.

15. CONTRACTOR TO COORDINATE TEMPORARY IMPACTS TO PRIVATE PROPERTY WITH PROPERTY OWNERS. CONTACT PROPERTY OWNER A MINIMUM OF ONE WEEK AHEAD

OF ANY TEMPORARY DISTURBANCE TO PRIVATE IMPROVEMENTS NECESSARY TO DO THE WORK. RESTORE ALL PRIVATE LANDSCAPING AND IMPROVEMENTS TO PRE-CONSTRUCTION STATE AT THE END OF CONSTRUCTION.

16. ALL AREAS IDENTIFIED WITH NOTE 16 ARE LANDING AREAS AND SHALL BE A MINIMUM DIMENSION OF 4' X 4' WITH A MAXIMUM SLOPE OF 1.5% IN ALL DIRECTIONS. UP TO 2% MAY BE USED WITH ADVANCE APPROVAL OF ENGINEER.

17. ALL RAMP CONFORMS CAN BE BACKFILLED WITH CLASS II AB AND COLD PATCH, THEN

EXTEND THE COLD PLANE TO INCLUDE LIMITS OF THE CONFORMS LEGEND
GRIND AND OVERLAY (3" DEPTH)

PCC SIDEWALK

DETECTABLE WARNING SURFACE
SAWCUT
EXISTING SLOPE(X.X%)
EXISTING ELEVATION(XX.X)
Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
SB 880 ON-RAMP

GREAT MALL PKWY
NORTH

CONSTRUCTION NOTES

DEMOLITION & UTILITY NOTES
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

R/W
R/W
Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

R/W
R/W
R/WR/W
R/W
R/W
R/W
R/W
R/W
Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
CALTRANS STANDARD PLAN A20A CALTRANS STANDARD PLAN A20B 79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
CALTRANS STANDARD PLAN A20D CALTRANS STANDARD PLAN A24A 79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
CALTRANS STANDARD PLAN A24C CALTRANS STANDARD PLAN A24D 79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
CALTRANS STANDARD PLAN A24F
CALTRANS STANDARD PLAN A24G
CALTRANS STANDARD PLAN A20E
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P

GREEN-BACKED BIKE LANE

BIKE LANE CONFLICT ZONE

YIELD TRIANGLE LIMITS

STOP MARKING LIMITS
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

RevisionsRecord Drawings

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
STREET RESURFACING 2025
PROJECT NO. 4283, 4305, 4300
4283, 4305, 4300
79 ,
7118
4283, 4300, 4304,
4305, 7118
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
,
7118
Lyhak Eam
11/5/2025

RevisionsRecord Drawings

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
STREET RESURFACING 2025
PROJECT NO. 4283, 4305, 4300
4283, 4305, 4300
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
,
7118
Lyhak Eam
11/5/2025

RevisionsRecord Drawings

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
STREET RESURFACING 2025
PROJECT NO. 4283, 4305, 4300
4283, 4305, 4300
PPB POST Ø6
PPB POST Ø8
PPB POST Ø8
` PPB POST Ø2
PPB POST Ø4
PPB POST Ø2
79 ,
7118
4283, 4300, 4304,
4305, 7118
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
,
7118
Lyhak Eam
11/5/2025

RevisionsRecord Drawings

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
STREET RESURFACING 2025
PROJECT NO. 4283, 4305, 4300
4283, 4305, 4300
79 ,
7118
4283, 4300, 4304,
4305, 7118
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
,
7118
Lyhak Eam
11/5/2025

RevisionsRecord Drawings

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
STREET RESURFACING 2025
PROJECT NO. 4283, 4305, 4300
4283, 4305, 4300
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
,
7118
Lyhak Eam
11/5/2025

PPB POST 6
PPB POST 8
` PPB POST 2
PPB POST 4
PPB POST 8
PPB POST 2
RevisionsRecord Drawings

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
STREET RESURFACING 2025
PROJECT NO. 4283, 4305, 4300
4283, 4305, 4300
79 ,
7118
4283, 4300, 4304,
4305, 7118
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
,
7118
Lyhak Eam
11/5/2025

RevisionsRecord Drawings

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
STREET RESURFACING 2025
PROJECT NO. 4283, 4305, 4300
4283, 4305, 4300
79 ,
7118
4283, 4300, 4304,
4305, 7118
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
,
7118
Lyhak Eam
11/5/2025

RevisionsRecord Drawings

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
STREET RESURFACING 2025
PROJECT NO. 4283, 4305, 4300
4283, 4305, 4300
NORTH
79 ,
7118
4283, 4300, 4304,
4305, 7118
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
,
7118
Lyhak Eam
11/5/2025

RevisionsRecord Drawings

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
STREET RESURFACING 2025
PROJECT NO. 4283, 4305, 4300
4283, 4305, 4300
79 ,
7118
4283, 4300, 4304,
4305, 7118
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
,
7118
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
,
7118
Lyhak Eam
11/5/2025

Revisions
STREET RESURFACING 2025 – Dempsey Road & Great Mall Parkway (Phase II) CIP NO. 4283, 4300, 4304, 4305
Record Drawings 4283, 4300,
4304, 4305

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
79 ,
7118
4283, 4300, 4304,
4305, 7118
Lyhak Eam
11/5/2025

YOSEMITE DR
S. MILPITASBLVD
S. HILLVIEW DR

YOSEMITE DR

VISTA WY
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
Designer Stamp: CITY OF MILPITAS

ENGINEERING DIVISION
10/16/2025
OF
TY
CI
ITAS
LMI P

CALIFORNIA
JANUARY 26, 1954

INCORPORATED
DATE:

SHEET OF 79
AH
AH
MC
9/12/25
9/12/25
9/12/25 1" = 30'
RECOMMENDED FOR BIDDING BY:

Lyhak Eam, P.E.

Public Works Division Manager - Engineering DATE:

ADDITIVE ALTERNATIVE 1 - YOSEMITE ROAD STREET RESURFACING CIP NO. 4305
STRIPING PLAN - SHEET 1 OF 2
77 ADDITIVE ALTERNATIVE 1 - YOSEMITE DRIVE RESTRIPING
4283, 4300, 4304,
4305, 7118
CIP NO. 4283, 4300, 4304, 4305, 7118

SEMITE DRIVE RESTRIPING

YOSEMITE DRIVE RESTRIPING
Lyhak Eam
11/5/2025

YOSEMITE DR

YOSEMITE DR

SINCLAIRFRONTAGE RD

R DEMPSEY RD
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
Designer Stamp: CITY OF MILPITAS

ENGINEERING DIVISION
10/16/2025
OF
TY
CI
ITAS
LMI P

CALIFORNIA
JANUARY 26, 1954

INCORPORATED
DATE:

SHEET OF 79
AH
AH
MC
9/12/25
9/12/25
9/12/25 1" = 30'
RECOMMENDED FOR BIDDING BY:

Lyhak Eam, P.E.

Public Works Division Manager - Engineering DATE:

ADDITIVE ALTERNATIVE 1 - YOSEMITE ROAD STREET RESURFACING CIP NO. 4305
STRIPING PLAN - SHEET 2 OF 2
78 ADDITIVE ALTERNATIVE 1 - YOSEMITE DRIVE RESTRIPING
4283, 4300, 4304,
4305, 7118
CIP NO. 4283, 4300, 4304, 4305, 7118

SEMITE DRIVE RESTRIPING

YOSEMITE DRIVE RESTRIPING
Lyhak Eam
11/5/2025

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
Designer Stamp: CITY OF MILPITAS

ENGINEERING DIVISION
10/16/2025
OF
TY
CI
ITAS
LMI P

CALIFORNIA
JANUARY 26, 1954

INCORPORATED
DATE:

SHEET OF 79
AH
AH
MC
9/12/25
9/12/25
9/12/25 1" = 30'
RECOMMENDED FOR BIDDING BY:

Lyhak Eam, P.E.

Public Works Division Manager - Engineering DATE:

ADDITIVE ALTERNATIVE 1 - YOSEMITE DRIVE RESTRIPING
CIP NO. 4305

STRIPING PLAN - QUANTITY
79 ADDITIVE ALTERNATIVE 1 - YOSEMITE DRIVE RESTRIPING
4283, 4300, 4304,
4305, 7118
CIP NO. 4283, 4300, 4304, 4305, 7118

SEMITE DRIVE RESTRIPING

YOSEMITE DRIVE RESTRIPING
Lyhak Eam
11/5/2025

CITY OF MILPITAS

ENGINEERING DIVISION

BID SUMMARY
Bid Date: 1/7/2026
Item DESCRIPTION QTY UNIT Unit Price Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total 1 Mobilization (5% Maximum) 1 LS $73,500.00 $73,500.00 $50,000.00 $50,000.00 $40,000.00 $48,746.25 $55,000.00 $40,000.00 $59,700.00 $58,000.00 $45,000.00 $55,000.00 $71,723.00 $65,000.00 2 Neighborhood Notification 1 LS $13,000.00 $13,000.00 $5,000.00 $5,000.00 $4,000.00 $31,500.00 $5,000.00 $3,500.00 $8,883.79 $15,000.00 $5,000.00 $10,000.00 $25,671.00 $3,500.00 3 Traffic Control (10% Maximum) 1 LS $65,000.00 $65,000.00 $70,000.00 $70,000.00 $110,000.00 $97,874.70 $110,000.00 $85,000.00 $119,500.00 $95,000.00 $90,000.00 $112,500.00 $74,000.00 $135,000.00 4 Monument Referencing (incl. Pre-Construction and Post Construction)1 LS $13,000.00 $13,000.00 $5,000.00 $5,000.00 $7,650.00 $4,200.00 $6,400.00 $3,500.00 $3,500.00 $5,300.00 $10,000.00 $5,000.00 $9,489.00 $10,150.00 5 Prepare Water Pollution Control Program 1 LS $10,000.00 $10,000.00 $15,000.00 $15,000.00 $4,000.00 $3,150.00 $3,700.00 $5,000.00 $23,940.39 $15,000.00 $5,000.00 $7,000.00 $13,618.00 $2,500.00 6 Hot Mix Asphalt (Type A) 3150 TON $180.00 $567,000.00 $105.00 $330,750.00 $378,472.50 $388,111.50 $418,950.00 $411,075.00 $377,212.50 $472,500.00 $396,900.00 $456,750.00 $526,050.00 $630,000.00 7 Base Repair (3” Thick) 34200 SF $7.50 $256,500.00 $4.00 $136,800.00 $168,948.00 $106,704.00 $136,800.00 $152,190.00 $175,788.00 $160,740.00 $145,350.00 $111,150.00 $169,290.00 $273,600.00 8 Asphalt Concrete Grinding (2” Thick) 9950 SY $5.00 $49,750.00 $5.00 $49,750.00 $30,745.50 $39,700.50 $34,825.00 $68,157.50 $39,700.50 $58,705.00 $59,700.00 $54,725.00 $72,834.00 $25,472.00 9 Asphalt Concrete Grinding (2.75” Thick) 13100 SY $7.00 $91,700.00 $5.00 $65,500.00 $58,033.00 $59,212.00 $60,260.00 $131,000.00 $80,696.00 $94,975.00 $99,560.00 $72,050.00 $87,246.00 $46,898.00 10 Slurry Seal and Crack Sealing 6200 SY $5.00 $31,000.00 $6.40 $39,680.00 $39,494.00 $41,478.00 $41,850.00 $46,500.00 $39,494.00 $77,500.00 $43,400.00 $48,360.00 $69,130.00 $44,144.00 11 Adjust Monument Cover to Grade 4 EA $1,000.00 $4,000.00 $1,200.00 $4,800.00 $5,000.00 $3,780.00 $5,000.00 $5,000.00 $4,200.00 $4,000.00 $3,200.00 $6,000.00 $5,196.00 $4,260.00 12 Adjust Water Valve to Grade 9 EA $1,000.00 $9,000.00 $1,100.00 $9,900.00 $11,250.00 $7,087.50 $11,250.00 $11,250.00 $9,450.00 $9,000.00 $7,200.00 $13,500.00 $11,691.00 $9,585.00 13 Adjust Gas Valve to Grade 2 EA $1,000.00 $2,000.00 $1,100.00 $2,200.00 $2,500.00 $3,150.00 $2,500.00 $2,500.00 $2,100.00 $2,000.00 $1,600.00 $3,000.00 $2,598.00 $2,130.00 14 Adjust Telephone Manhole to Grade 1 EA $1,000.00 $1,000.00 $2,100.00 $2,100.00 $1,750.00 $1,575.00 $1,750.00 $1,750.00 $2,400.00 $1,500.00 $1,500.00 $2,100.00 $1,819.00 $1,374.00 15 Adjust Sanitary Sewer Manhole to Grade 16 EA $1,500.00 $24,000.00 $1,500.00 $24,000.00 $25,280.00 $25,200.00 $25,280.00 $25,280.00 $25,600.00 $19,200.00 $16,000.00 $30,400.00 $26,272.00 $21,984.00 16 Adjust Storm Drain Manhole to Grade 9 EA $1,500.00 $13,500.00 $1,500.00 $13,500.00 $14,220.00 $14,175.00 $14,220.00 $14,220.00 $14,400.00 $10,800.00 $9,000.00 $17,100.00 $14,778.00 $12,366.00 17 Traffic Line (Detail 1) 220 LF $2.50 $550.00 $2.20 $484.00 $484.00 $508.20 $495.00 $484.00 $484.00 $550.00 $484.00 $660.00 $660.00 $506.00 18 Traffic Line (Detail 9) 1500 LF $2.50 $3,750.00 $2.60 $3,900.00 $3,900.00 $4,095.00 $3,975.00 $3,900.00 $3,900.00 $4,500.00 $3,900.00 $4,500.00 $4,500.00 $4,020.00 19 Traffic Line (Detail 21) 770 LF $3.50 $2,695.00 $4.00 $3,080.00 $3,157.00 $3,318.70 $3,195.50 $3,157.00 $3,157.00 $3,619.00 $3,157.00 $3,850.00 $5,621.00 $3,234.00 20 Traffic Line (Detail 22) 1930 LF $2.50 $4,825.00 $5.00 $9,650.00 $9,650.00 $10,132.50 $9,843.00 $9,650.00 $9,650.00 $10,229.00 $9,650.00 $11,580.00 $14,089.00 $9,939.50 21 Traffic Line (Detail 27B) 2360 LF $2.50 $5,900.00 $2.10 $4,956.00 $5,074.00 $5,333.60 $5,192.00 $5,074.00 $5,074.00 $5,900.00 $5,074.00 $7,080.00 $8,614.00 $5,215.60 22 Traffic Line (Detail 29) 250 LF $3.00 $750.00 $10.00 $2,500.00 $2,500.00 $2,625.00 $2,537.50 $2,500.00 $2,500.00 $3,000.00 $2,500.00 $3,000.00 $3,650.00 $2,575.00 23 Traffic Line (Detail 32) 1680 LF $3.50 $5,880.00 $10.00 $16,800.00 $16,800.00 $17,640.00 $17,052.00 $16,800.00 $16,800.00 $20,160.00 $16,800.00 $20,160.00 $24,444.00 $17,304.00 24 Traffic Line (Detail 37B) 100 LF $4.00 $400.00 $3.50 $350.00 $350.00 $368.00 $355.00 $350.00 $350.00 $500.00 $350.00 $400.00 $598.00 $361.00 25 Traffic Line (Detail 38) 200 LF $2.50 $500.00 $3.50 $700.00 $700.00 $736.00 $710.00 $700.00 $700.00 $1,000.00 $700.00 $800.00 $1,196.00 $722.00 26 Traffic Line (Detail 38A) 170 LF $2.35 $399.50 $3.50 $595.00 $595.00 $625.60 $603.50 $595.00 $595.00 $850.00 $595.00 $680.00 $1,020.00 $613.70 27 Traffic Line (Detail 39) 6350 LF $2.00 $12,700.00 $2.10 $13,335.00 $13,652.50 $14,351.00 $13,970.00 $13,652.50 $13,652.50 $15,875.00 $13,652.50 $15,875.00 $23,114.00 $14,033.50 28 Traffic Line (Detail 39A) 1460 LF $2.00 $2,920.00 $2.10 $3,066.00 $3,139.00 $3,299.60 $3,212.00 $3,139.00 $3,139.00 $3,650.00 $3,139.00 $3,650.00 $5,329.00 $3,226.60 29 Traffic Line (12” White Crosswalk Line) 890 LF $19.00 $16,910.00 $9.00 $8,010.00 $8,010.00 $8,410.50 $8,143.50 $8,010.00 $8,010.00 $8,900.00 $8,010.00 $9,790.00 $7,387.00 $8,250.30 30 Traffic Line (12” White Stop Bar) 170 LF $10.00 $1,700.00 $9.00 $1,530.00 $1,530.00 $1,606.50 $1,555.50 $1,530.00 $1,530.00 $1,700.00 $1,530.00 $1,870.00 $1,411.00 $1,575.90 31 Traffic Line (24” Yellow Continental) 1710 LF $20.00 $34,200.00 $18.00 $30,780.00 $30,780.00 $32,319.00 $31,207.50 $30,780.00 $30,780.00 $31,635.00 $30,780.00 $37,620.00 $28,557.00 $31,703.40 32 Traffic Line (Yield Line/Triangles) 45 SF $10.00 $450.00 $12.00 $540.00 $540.00 $567.00 $546.75 $540.00 $540.00 $675.00 $540.00 $630.00 $765.00 $556.20 33 Pavement Marking (Stop) 3 EA $150.00 $450.00 $210.00 $630.00 $645.00 $677.25 $654.00 $645.00 $645.00 $780.00 $645.00 $795.00 $936.00 $664.47 34 Pavement Marking (Green) 3950 SF $20.00 $79,000.00 $11.00 $43,450.00 $43,450.00 $45,622.50 $44,042.50 $43,450.00 $43,450.00 $44,437.50 $43,450.00 $51,350.00 $61,620.00 $44,753.50 35 Pavement Marking (Bike Symbol with Arrow) 18 EA $165.00 $2,970.00 $130.00 $2,340.00 $2,340.00 $2,457.00 $2,376.00 $2,340.00 $2,340.00 $2,898.00 $2,340.00 $2,880.00 $3,744.00 $2,410.56 36 Pavement Marking (Sharrow Bike Marking) 10 EA $150.00 $1,500.00 $130.00 $1,300.00 $1,300.00 $1,365.00 $1,320.00 $1,300.00 $1,300.00 $1,650.00 $1,300.00 $1,600.00 $2,080.00 $1,339.30 37 Pavement Marking (Type IV Arrow) 18 EA $500.00 $9,000.00 $150.00 $2,700.00 $2,700.00 $2,835.00 $2,736.00 $2,700.00 $2,700.00 $3,258.00 $2,700.00 $3,330.00 $4,500.00 $2,781.54 38 Pavement Marking (35) 1 EA $300.00 $300.00 $170.00 $170.00 $175.00 $183.75 $178.00 $175.00 $175.00 $225.00 $175.00 $215.00 $260.00 $180.29 39 Blue Reflective Raised Pavement Marker 9 EA $50.00 $450.00 $25.00 $225.00 $225.00 $236.25 $234.00 $225.00 $225.00 $450.00 $225.00 $270.00 $153.00 $231.84 40 Red Curb 770 LF $5.00 $3,850.00 $5.00 $3,850.00 $3,850.00 $4,042.50 $3,927.00 $3,850.00 $3,850.00 $4,235.00 $3,850.00 $4,620.00 $2,849.00 $3,965.50 41 Roadside Sign and Post 7 EA $500.00 $3,500.00 $730.00 $5,110.00 $5,110.00 $5,365.50 $5,180.00 $5,110.00 $5,110.00 $5,530.00 $5,110.00 $6,300.00 $3,640.00 $526.40 42 Roadside Sign Face 12 EA $300.00 $3,600.00 $310.00 $3,720.00 $3,780.00 $3,969.00 $3,840.00 $3,780.00 $3,780.00 $4,320.00 $3,780.00 $4,560.00 $3,744.00 $3,894.12 43 Rapid Rectangular Flashing Beacon 1 EA $50,000.00 $50,000.00 $36,000.00 $36,000.00 $36,000.00 $37,800.00 $38,100.00 $36,000.00 $36,000.00 $41,000.00 $40,000.00 $44,000.00 $37,412.00 $36,530.50 44 Portable Changeable Message Sign 3 EA $1,000.00 $3,000.00 $1,500.00 $4,500.00 $6,000.00 $6,300.00 $7,200.00 $24,000.00 $10,456.44 $12,000.00 $6,000.00 $9,000.00 $12,054.00 $1,714.23 DEMPSEY ROAD (BASE BID) $1,476,099.50 $1,028,251.00 $1,107,779.50 $1,092,434.40 $1,145,166.25 $1,230,359.00 $1,197,458.12 $1,332,746.50 $1,148,846.50 $1,255,700.00 $1,445,352.00 $1,490,791.95 45 Mobilization (5% Maximum) 1 LS $223,125.00 $223,125.00 $135,000.00 $135,000.00 $58,000.00 $86,992.50 $138,800.00 $80,000.00 $164,600.00 $70,000.00 $80,000.00 $150,000.00 $138,100.00 $175,000.00 Apparent Low Bidder
Bay Cities Paving &
Grading, Inc.

Interstate Grading &
Paving, Inc.O'Grady Paving, Inc.G. Bortolotto &
Company, Inc. Rapid Grading ServicesMCK Services, Inc.McGuire and HesterDeSilva GatesUnit Cost (Eng Est)
Radius Earthwork, Inc.McKim Corporation Mountain Cascade, Inc.

Project Name: STREET RESURFACING 2025 – DEMPSEY ROAD & GREAT MALL PARKWAY (PHASE II) Project No.: 4283, 4300, 4304, 4305, 7118
Engineer's Estimate
1

46 Neighborhood Notification 1 LS $34,800.00 $34,800.00 $10,000.00 $10,000.00 $4,000.00 $5,250.00 $5,000.00 $5,000.00 $8,883.79 $15,000.00 $5,000.00 $10,000.00 $17,942.00 $3,428.48 47 Traffic Control (10% Maximum) 1 LS $347,900.00 $347,900.00 $150,000.00 $150,000.00 $280,000.00 $193,016.25 $307,200.00 $140,000.00 $329,000.00 $200,000.00 $340,000.00 $185,000.00 $175,501.00 $350,000.00 48 Monument Referencing (incl. Pre-Construction and Post Construction)1 LS $347,900.00 $347,900.00 $15,000.00 $15,000.00 $12,150.00 $4,725.00 $7,500.00 $4,000.00 $4,000.00 $4,300.00 $15,000.00 $5,000.00 $9,489.00 $10,147.36 49 Water Pollution Control Program 1 LS $10,000.00 $10,000.00 $30,000.00 $30,000.00 $6,000.00 $1,575.00 $3,100.00 $5,000.00 $23,935.39 $17,000.00 $10,000.00 $8,000.00 $15,751.00 $5,555.68 50 Permitting 1 LS $30,000.00 $30,000.00 $40,000.00 $40,000.00 $17,000.00 $2,625.00 $11,700.00 $15,000.00 $29,545.67 $2,000.00 $50,000.00 $6,000.00 $13,471.00 $41,425.51 51 Rubberized Hot Mix Asphalt (RHMA - G) 8020 TONSF $230.00 $1,844,600.00 $135.00 $1,082,700.00 $1,201,396.00 $1,231,551.20 $1,443,600.00 $1,433,575.00 $1,223,050.00 $1,403,500.00 $1,459,640.00 $1,203,000.00 $1,685,804.00 $1,820,540.00 52 Base Repair (3" Thick) 38400 SY $7.50 $288,000.00 $4.50 $172,800.00 $198,912.00 $132,480.00 $153,600.00 $172,800.00 $254,208.00 $180,480.00 $184,320.00 $192,000.00 $238,080.00 $378,240.00 53 Asphalt Concrete Grinding (3") 47530 SF $7.00 $332,710.00 $5.00 $237,650.00 $217,687.40 $265,217.40 $237,650.00 $327,957.00 $313,698.00 $377,863.50 $413,511.00 $380,240.00 $285,180.00 $177,286.90 54 Sidewalk Removal and Replacement 1140 LFEA $45.00 $51,300.00 $30.00 $34,200.00 $23,005.20 $34,713.00 $26,220.00 $28,500.00 $28,158.00 $26,220.00 $30,780.00 $45,600.00 $37,164.00 $31,076.40 55 Curb & Gutter Removal and Replacement (Beyond Ramp Limits)145 SF $125.00 $18,125.00 $80.00 $11,600.00 $18,850.00 $22,837.50 $7,830.00 $15,950.00 $14,869.75 $25,375.00 $18,850.00 $23,200.00 $18,125.00 $20,416.00 56 Install Curb Ramp (Per Caltrans Standard Drawings) 13 EA $12,000.00 $156,000.00 $10,500.00 $136,500.00 $95,499.95 $102,375.00 $118,300.00 $97,500.00 $107,721.51 $143,000.00 $143,000.00 $195,000.00 $168,493.00 $156,879.32 57 Driveway Removal and Replacement 890 EA $50.00 $44,500.00 $32.00 $28,480.00 $28,480.00 $32,707.50 $24,920.00 $37,380.00 $28,168.50 $30,260.00 $39,160.00 $44,500.00 $37,380.00 $34,149.30 58 Adjust Monument Cover to Grade 5 EA $1,000.00 $5,000.00 $1,100.00 $5,500.00 $6,250.00 $4,725.00 $6,250.00 $6,250.00 $5,250.00 $5,000.00 $5,000.00 $7,750.00 $6,495.00 $5,328.05 59 Adjust Water Valve Cover to Grade 50 EA $1,000.00 $50,000.00 $1,500.00 $75,000.00 $62,500.00 $39,375.00 $62,500.00 $62,500.00 $52,500.00 $50,000.00 $50,000.00 $77,500.00 $64,950.00 $53,280.50 60 Adjust Sanitary Sewer Manhole to Grade 15 EA $1,500.00 $22,500.00 $1,500.00 $22,500.00 $23,700.00 $18,900.00 $23,700.00 $23,700.00 $24,000.00 $18,000.00 $18,000.00 $30,000.00 $24,630.00 $20,654.40 61 Adjust Storm Drain Manhole to Grade 13 EA $1,500.00 $19,500.00 $1,500.00 $19,500.00 $20,540.00 $20,475.00 $20,540.00 $20,540.00 $20,800.00 $15,600.00 $15,600.00 $26,000.00 $21,346.00 $17,900.61 62 Adjust Storm Drain Drainage Inlet to Grade 1 EA $1,500.00 $1,500.00 $2,500.00 $2,500.00 $1,450.00 $1,890.00 $2,600.00 $3,500.00 $4,026.05 $1,500.00 $6,000.00 $6,000.00 $1,642.00 $1,706.63 63 Adjust Detection Box to Grade 2 EA $1,500.00 $3,000.00 $1,500.00 $3,000.00 $2,900.00 $3,150.00 $2,200.00 $1,000.00 $2,100.00 $3,000.00 $2,000.00 $1,200.00 $3,284.00 $2,131.24 64 Adjust Detector Handhole to Grade 1 EA $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,450.00 $1,575.00 $1,100.00 $500.00 $1,050.00 $1,500.00 $1,000.00 $1,200.00 $1,642.00 $1,065.60 65 Traffic Line (Detail 9) 11990 LF $2.50 $29,975.00 $2.60 $31,174.00 $31,174.00 $32,732.70 $31,773.50 $31,174.00 $31,174.00 $33,572.00 $31,174.00 $35,970.00 $37,169.00 $32,133.20 66 Traffic Line (Detail 21) 10 LF $3.50 $35.00 $4.00 $40.00 $40.00 $42.00 $40.50 $40.00 $40.00 $100.00 $40.00 $50.00 $73.00 $41.20 67 Traffic Line (Detail 24) 470 LF $5.00 $2,350.00 $2.20 $1,034.00 $1,034.00 $1,085.70 $1,057.50 $1,034.00 $1,034.00 $1,269.00 $1,057.50 $1,410.00 $1,880.00 $1,066.90 68 Traffic Line (Detail 25) 5960 LF $5.00 $29,800.00 $2.20 $13,112.00 $13,410.00 $14,065.60 $13,708.00 $13,410.00 $13,410.00 $14,900.00 $13,410.00 $17,880.00 $23,840.00 $13,529.20 69 Traffic Line (Detail 31) 530 LF $5.00 $2,650.00 $8.70 $4,611.00 $4,611.00 $4,844.20 $4,717.00 $4,611.00 $4,611.00 $4,770.00 $4,611.00 $5,300.00 $7,738.00 $4,748.80 70 Traffic Line (Detail 38) 1780 LF $2.50 $4,450.00 $3.50 $6,230.00 $6,230.00 $6,550.40 $6,319.00 $6,230.00 $6,230.00 $7,120.00 $6,230.00 $7,120.00 $10,680.00 $6,425.80 71 Traffic Line (Detail 38A) 1320 LF $2.35 $3,102.00 $3.50 $4,620.00 $4,620.00 $4,857.60 $4,686.00 $4,620.00 $4,620.00 $5,280.00 $4,620.00 $5,280.00 $7,920.00 $4,765.20 72 Traffic Line (Detail 39) 11460 LF $2.00 $22,920.00 $2.10 $24,066.00 $24,639.00 $25,899.60 $25,212.00 $24,639.00 $24,639.00 $28,650.00 $24,639.00 $34,380.00 $45,840.00 $25,326.60 73 Traffic Line (Detail 39A) 670 LF $2.00 $1,340.00 $2.10 $1,407.00 $1,440.50 $1,514.20 $1,474.00 $1,440.50 $1,440.50 $1,675.00 $1,440.50 $2,010.00 $2,680.00 $1,480.70 74 Traffic Line (Detail 27C) 280 LF $5.00 $1,400.00 $2.10 $588.00 $602.00 $632.80 $616.00 $602.00 $602.00 $700.00 $602.00 $840.00 $868.00 $618.80 75 Traffic Line (Detail 41) 85 LF $5.00 $425.00 $2.10 $178.50 $182.75 $192.10 $187.00 $182.75 $182.75 $212.50 $182.75 $255.00 $272.00 $187.85 76 Traffic Line (12" White Diagonal) 4440 LF $5.00 $22,200.00 $9.00 $39,960.00 $39,960.00 $41,958.00 $40,626.00 $39,960.00 $39,960.00 $41,070.00 $39,960.00 $48,840.00 $36,852.00 $41,158.80 77 Traffic Line (12" White Crosswalk Line) 3080 LF $19.00 $58,520.00 $9.00 $27,720.00 $27,720.00 $29,106.00 $28,182.00 $27,720.00 $27,720.00 $28,490.00 $27,720.00 $33,880.00 $25,564.00 $28,551.60 78 Traffic Line (24" White Crosswalk Ladder Line) 2870 LF $5.00 $14,350.00 $18.00 $51,660.00 $51,660.00 $54,243.00 $52,377.50 $51,660.00 $51,660.00 $52,377.50 $51,660.00 $63,140.00 $47,642.00 $53,209.80 79 Pavement Marking (Type IV Arrow) 20 EA $500.00 $10,000.00 $150.00 $3,000.00 $3,000.00 $3,150.00 $3,040.00 $3,000.00 $3,000.00 $3,500.00 $3,000.00 $3,700.00 $4,980.00 $3,090.60 80 Pavement Marking (Type III Arrow) 13 EA $15.00 $195.00 $420.00 $5,460.00 $5,460.00 $5,733.00 $5,590.00 $5,460.00 $5,460.00 $6,175.00 $5,460.00 $6,760.00 $6,760.00 $5,624.84 81 Pavement Marking (Type VII Arrow) 2 EA $15.00 $30.00 $270.00 $540.00 $540.00 $567.00 $550.00 $540.00 $540.00 $650.00 $540.00 $660.00 $666.00 $556.30 82 Pavement Marking (Type I Arrow) 2 EA $15.00 $30.00 $150.00 $300.00 $300.00 $315.00 $304.00 $300.00 $300.00 $650.00 $300.00 $370.00 $770.00 $309.06 83 Pavement Marking (Bike Symbol with Arrow) 20 EA $165.00 $3,300.00 $130.00 $2,600.00 $2,600.00 $2,730.00 $2,640.00 $2,600.00 $2,600.00 $3,600.00 $2,600.00 $3,200.00 $4,160.00 $2,678.40 84 Pavement Marking (Railroad Crossing Symbol) 2 EA $40.00 $80.00 $700.00 $1,400.00 $1,400.00 $1,470.00 $1,420.00 $1,400.00 $1,400.00 $1,800.00 $1,400.00 $1,720.00 $1,766.00 $1,442.26 85 Traffic Line (24" White) 670 LF $7.00 $4,690.00 $20.00 $13,400.00 $13,400.00 $14,070.00 $13,567.50 $13,400.00 $13,400.00 $15,410.00 $13,400.00 $16,750.00 $11,122.00 $13,802.00 86 Pavement Marking (Green) 9580 SF $20.00 $191,600.00 $11.00 $105,380.00 $105,380.00 $110,649.00 $106,817.00 $105,380.00 $105,380.00 $107,775.00 $105,380.00 $143,700.00 $129,809.00 $108,541.40 87 Pavement Marking (Bike Detector Symbol) 5 EA $100.00 $500.00 $100.00 $500.00 $500.00 $525.00 $510.00 $500.00 $500.00 $775.00 $500.00 $600.00 $208.00 $515.10 88 Pavement Marking (Red) 1090 EA $15.00 $16,350.00 $15.00 $16,350.00 $16,350.00 $17,167.50 $16,568.00 $16,350.00 $16,350.00 $17,440.00 $16,350.00 $19,620.00 $14,824.00 $16,840.50 89 Pavement Marking (BUS ONLY) 2 EA $40.00 $80.00 $440.00 $880.00 $880.00 $924.00 $892.00 $880.00 $880.00 $1,000.00 $880.00 $1,080.00 $104.00 $906.58 90 Remove and Replace New Sign on Existing Post 24 EA $250.00 $6,000.00 $310.00 $7,440.00 $7,440.00 $7,812.00 $7,536.00 $7,440.00 $7,440.00 $8,400.00 $7,440.00 $9,120.00 $8,736.00 $7,664.64 91 Traffic Signal Modification - TS-01/02 Tasman-Alder 1 LS $52,800.00 $52,800.00 $55,000.00 $55,000.00 $55,750.00 $58,537.50 $56,000.00 $55,750.00 $55,750.00 $61,750.00 $60,000.00 $81,500.00 $57,945.00 $56,571.54 92 Traffic Signal Modification - TS-03/04 GMP-McCandless 1 LS $82,900.00 $82,900.00 $120,000.00 $120,000.00 $119,500.00 $125,475.00 $119,500.00 $119,500.00 $119,500.00 $125,500.00 $129,000.00 $180,000.00 $124,203.00 $121,260.97 93 Traffic Signal Modification - TS-04/05 GMP-Centre Pointe 1 LS $73,800.00 $73,800.00 $94,000.00 $94,000.00 $94,000.00 $98,700.00 $94,000.00 $94,000.00 $94,000.00 $100,000.00 $100,000.00 $150,000.00 $97,701.00 $95,385.20 94 Portable Changeable Message Signs 6 EA $1,000.00 $6,000.00 $1,500.00 $9,000.00 $12,000.00 $12,600.00 $10,800.00 $30,000.00 $19,907.10 $24,000.00 $18,000.00 $54,000.00 $30,468.00 $3,428.46 GREAT MALL PARKWAY (BASE BID) $4,473,832.00 $2,854,580.50 $2,925,593.80 $2,884,304.25 $3,255,020.50 $3,144,475.25 $3,293,295.01 $3,288,209.50 $3,558,457.75 $3,526,325.00 $3,707,709.00 $3,958,074.28 95 Mobilization (5% Maximum) 1 LS $5,000.00 $5,000.00 $4,000.00 $4,000.00 $2,500.00 $2,100.00 $2,700.00 $5,000.00 $3,300.00 $3,200.00 $1,000.00 $3,000.00 $5,500.00 $1,822.05 96 Neighborhood Notification 1 LS $1,000.00 $1,000.00 $5,000.00 $5,000.00 $500.00 $3,150.00 $5,000.00 $500.00 $4,441.91 $2,500.00 $1,000.00 $2,000.00 $11,575.00 $1,714.23 97 Traffic Control (10% Maximum) 1 LS $5,000.00 $5,000.00 $8,000.00 $8,000.00 $6,600.00 $5,250.00 $2,300.00 $7,500.00 $6,700.00 $7,000.00 $3,000.00 $6,300.00 $11,448.00 $5,626.26 98 2-inch Grind and Overlay (Railroad Ct) 3700 SF $12.00 $44,400.00 $4.00 $14,800.00 $51,541.00 $58,275.00 $8,880.00 $49,950.00 $20,054.00 $33,300.00 $29,600.00 $49,025.00 $29,600.00 $17,871.00 2

99 Full-Depth Pavement Repair (Railroad Ct) 1450 SF $7.50 $10,875.00 $40.00 $58,000.00 $11,600.00 $22,837.50 $34,800.00 $72,500.00 $33,451.50 $32,625.00 $14,500.00 $11,600.00 $58,000.00 $42,441.50 RAILROAD COURT CROSSING (BASE BID) $66,275.00 $89,800.00 $72,741.00 $91,612.50 $53,680.00 $135,450.00 $67,947.41 $78,625.00 $49,100.00 $71,925.00 $116,123.00 $69,475.04 100 Mobilization (5% Maximum) 1 LS $5,000.00 $5,000.00 $4,000.00 $4,000.00 $6,000.00 $6,825.00 $5,300.00 $4,500.00 $6,200.00 $6,325.00 $7,000.00 $8,900.00 $8,320.00 $8,447.55 101 Neighborhood Notification 1 LS $1,000.00 $1,000.00 $5,000.00 $5,000.00 $7,000.00 $56,700.00 $5,000.00 $5,000.00 $4,441.91 $6,000.00 $26,000.00 $2,700.00 $11,200.00 $1,714.23 102 Traffic Control (10% Maximum) 1 LS $5,000.00 $5,000.00 $8,000.00 $8,000.00 $13,000.00 $13,125.00 $10,600.00 $10,000.00 $12,500.00 $13,000.00 $14,000.00 $18,000.00 $16,698.00 $20,744.40 103 Traffic Line (Detail 9) 5770 LF $2.50 $14,425.00 $2.60 $15,002.00 $24,984.10 $15,752.10 $15,290.50 $15,002.00 $15,002.00 $17,310.00 $15,002.00 $28,850.00 $23,080.00 $15,463.60 104 Traffic Line (Detail 9 - Contrast) 420 LF $3.50 $1,470.00 $4.20 $1,764.00 $1,785.00 $1,873.20 $1,806.00 $1,785.00 $1,785.00 $1,995.00 $1,785.00 $2,520.00 $1,680.00 $1,839.60 105 Traffic Line (Detail 22) 1550 LF $2.50 $3,875.00 $5.00 $7,750.00 $7,750.00 $8,137.50 $7,905.00 $7,750.00 $7,750.00 $8,525.00 $7,750.00 $15,500.00 $13,175.00 $7,982.50 106 Traffic Line (Detail 22 – Contrast) 210 LF $3.50 $735.00 $7.00 $1,470.00 $1,470.00 $1,543.50 $1,491.00 $1,470.00 $1,470.00 $1,890.00 $1,470.00 $2,100.00 $1,680.00 $1,514.10 107 Traffic Line (Detail 25) 240 LF $5.00 $1,200.00 $2.20 $528.00 $540.00 $566.40 $552.00 $540.00 $540.00 $720.00 $540.00 $1,200.00 $960.00 $556.80 108 Traffic Line (Detail 29) 120 LF $3.00 $360.00 $10.00 $1,200.00 $1,200.00 $1,260.00 $1,218.00 $1,200.00 $1,200.00 $1,560.00 $1,200.00 $1,680.00 $1,746.00 $1,236.00 109 Traffic Line (Detail 32) 880 LF $3.50 $3,080.00 $10.00 $8,800.00 $8,800.00 $9,240.00 $8,932.00 $8,800.00 $8,800.00 $11,440.00 $8,800.00 $12,320.00 $14,960.00 $9,064.00 110 Traffic Line (Detail 38) 325 LF $2.50 $812.50 $3.50 $1,137.50 $1,137.50 $1,196.00 $1,153.75 $1,137.50 $1,137.50 $1,300.00 $1,137.50 $1,950.00 $1,950.00 $1,173.25 111 Traffic Line (Detail 38 – Contrast) 90 LF $3.50 $315.00 $5.20 $468.00 $472.50 $495.90 $481.50 $472.50 $472.50 $540.00 $472.50 $720.00 $2,430.00 $486.90 112 Traffic Line (Detail 39) 4775 LF $2.00 $9,550.00 $2.10 $10,027.50 $10,266.25 $10,791.50 $10,505.00 $10,266.25 $10,266.25 $11,698.75 $10,266.25 $19,100.00 $23,875.00 $10,552.75 113 Traffic Line (39 - Contrast) 355 LF $3.00 $1,065.00 $4.00 $1,420.00 $1,420.00 $1,491.00 $1,455.50 $1,420.00 $1,420.00 $1,775.00 $1,420.00 $3,550.00 $3,337.00 $1,462.60 114 Traffic Line (39A) 2665 LF $2.00 $5,330.00 $2.10 $5,596.50 $5,729.75 $6,022.90 $5,863.00 $5,729.75 $5,729.75 $6,662.50 $5,729.75 $26,650.00 $10,660.00 $5,889.65 115 Traffic Line (12" White Line) 455 LF $5.00 $2,275.00 $9.00 $4,095.00 $4,095.00 $4,299.75 $4,163.25 $4,095.00 $4,095.00 $5,005.00 $4,095.00 $5,915.00 $5,460.00 $4,217.85 116 Traffic Line (24" White Line) 390 LF $7.00 $2,730.00 $18.00 $7,020.00 $7,020.00 $7,371.00 $7,117.50 $7,020.00 $7,020.00 $8,190.00 $7,020.00 $11,700.00 $8,190.00 $7,230.60 117 Pavement Marking (Type IV Arrow) 7 EA $500.00 $3,500.00 $150.00 $1,050.00 $1,050.00 $1,102.50 $1,064.00 $1,050.00 $1,050.00 $1,400.00 $1,050.00 $1,400.00 $3,605.00 $1,081.71 118 Pavement Marking (Type VII Arrow) 4 EA $15.00 $60.00 $270.00 $1,080.00 $1,080.00 $1,134.00 $1,100.00 $1,080.00 $1,080.00 $1,240.00 $1,080.00 $1,600.00 $3,188.00 $1,112.60 119 Pavement Marking (Bike Symbol with Arrow) 15 EA $165.00 $2,475.00 $130.00 $1,950.00 $1,950.00 $2,047.50 $1,980.00 $1,950.00 $1,950.00 $2,715.00 $1,950.00 $2,700.00 $4,980.00 $2,008.80 120 Pavement Marking (Bike Detector Symbol) 5 EA $100.00 $500.00 $110.00 $550.00 $550.00 $577.50 $560.00 $550.00 $550.00 $815.00 $550.00 $750.00 $2,065.00 $566.60 121 Pavement Marking (Railroad Crossing Symbol) 8 EA $40.00 $320.00 $700.00 $5,600.00 $5,600.00 $5,880.00 $5,680.00 $5,600.00 $5,600.00 $7,200.00 $5,600.00 $8,000.00 $9,312.00 $5,769.04 122 Pavement Marking (Green) 505 SF $20.00 $10,100.00 $11.00 $5,555.00 $5,555.00 $5,832.75 $5,630.75 $5,555.00 $5,555.00 $6,565.00 $5,555.00 $9,595.00 $10,100.00 $5,721.65 123 Permitting (UPPR) 1 LS $5,000.00 $5,000.00 $20,000.00 $20,000.00 $2,200.00 $5,250.00 $1.00 $7,500.00 $19,633.10 $22,000.00 $20,000.00 $4,800.00 $12,130.00 $26,640.19 YOSEMITE DRIVE RESTRIPING (BASE BID) $80,177.50 $119,063.50 $120,655.10 $168,515.00 $104,849.75 $109,473.00 $125,248.01 $145,871.25 $149,473.00 $192,200.00 $194,781.00 $142,476.97 $6,096,384.00 $4,091,695.00 $4,226,769.40 $4,236,866.15 $4,558,716.50 $4,619,757.25 $4,683,948.55 $4,845,452.25 $4,905,877.25 $5,046,150.00 $5,463,965.00 $5,660,818.24BASE CONTRACT WORK 3

Item DESCRIPTION QTY UNIT Unit Price Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total BID ALTERNATE 1: Great Mall Parkway Delineator Post
124 ADDITIVE ALTERNATE #2 - Mobilization 1 LS $5,000.00 $5,000.00 $5,500.00 $5,500.00 $5,350.00 $26,250.00 $5,900.00 $5,000.00 $6,500.00 $6,100.00 $10,000.00 $6,000.00 $3,335.00 $4,996.42 125 ADDITIVE ALTERNATE #2 - Neighborhood Notification 1 LS $1,000.00 $1,000.00 $3,000.00 $3,000.00 $15,000.00 $10,500.00 $5,000.00 $5,000.00 $4,441.91 $11,000.00 $20,000.00 $2,900.00 $8,820.00 $1,714.23 126 ADDITIVE ALTERNATE #2 - Traffic Control 1 LS $5,000.00 $5,000.00 $10,500.00 $10,500.00 $10,250.00 $10,500.00 $11,600.00 $9,700.00 $13,000.00 $12,100.00 $10,000.00 $12,000.00 $8,522.00 $10,906.10 127 ADDITIVE ALTERNATIVE #1 – Delineator Post 350 EA $475.00 $166,250.00 $340.00 $119,000.00 $106,750.00 $112,087.50 $117,250.00 $157,500.00 $106,750.00 $122,500.00 $117,250.00 $131,250.00 $68,950.00 $109,973.50 BID ALTERNATE 1 $177,250.00 $138,000.00 $137,350.00 $159,337.50 $139,750.00 $177,200.00 $130,691.91 $151,700.00 $157,250.00 $152,150.00 $89,627.00 $127,590.25 BID ALTERNATE 2: Escuela Parkway Separated Bike Lanes
128 ADDITIVE ALTERNATE #2 - Mobilization 1 LS $5,000.00 $5,000.00 $6,000.00 $6,000.00 $4,850.00 $26,250.00 $58,000.00 $5,000.00 $10,900.00 $6,100.00 $10,000.00 $6,000.00 $13,312.00 $4,996.42 129 ADDITIVE ALTERNATE #2 - Neighborhood Notification 1 LS $1,000.00 $1,000.00 $5,000.00 $5,000.00 $25,000.00 $10,500.00 $5,000.00 $5,000.00 $4,441.91 $8,000.00 $25,000.00 $4,800.00 $12,130.00 $1,714.23 130 ADDITIVE ALTERNATE #2 - Traffic Control 1 LS $5,000.00 $5,000.00 $12,500.00 $12,500.00 $9,750.00 $10,500.00 $10,000.00 $18,000.00 $21,900.00 $13,000.00 $15,000.00 $12,000.00 $8,522.00 $10,957.61 131 ADDITIVE ALTERNATE #2 - Traffic Line (Detail 21) 200 LF $3.50 $700.00 $4.40 $880.00 $800.00 $840.00 $880.00 $800.00 $800.00 $1,200.00 $800.00 $1,000.00 $1,454.00 $824.00 132 ADDITIVE ALTERNATE #2 - Traffic Line (Detail 23) 100 LF $3.50 $350.00 $7.10 $710.00 $650.00 $683.00 $715.00 $650.00 $650.00 $900.00 $650.00 $800.00 $623.00 $670.00 133 ADDITIVE ALTERNATE #2 - Traffic Line (Detail 38C) 200 LF $2.50 $500.00 $7.10 $1,420.00 $1,300.00 $1,366.00 $1,430.00 $1,300.00 $1,300.00 $1,600.00 $1,300.00 $1,600.00 $1,662.00 $1,340.00 134 ADDITIVE ALTERNATE #2 - Traffic Line (Detail 39) 5700 LF $2.00 $11,400.00 $2.50 $14,250.00 $12,255.00 $12,882.00 $13,680.00 $12,255.00 $12,255.00 $17,100.00 $12,255.00 $14,250.00 $20,805.00 $12,597.00 135 ADDITIVE ALTERNATE #2 - Traffic Line (6” Diagonal Stripe)1100 LF $5.00 $5,500.00 $5.50 $6,050.00 $5,500.00 $5,775.00 $6,050.00 $5,500.00 $5,500.00 $6,600.00 $5,500.00 $6,600.00 $4,015.00 $6,061.00 136 ADDITIVE ALTERNATE #2 - Traffic Line (24” White) 200 LF $7.00 $1,400.00 $22.00 $4,400.00 $4,000.00 $4,200.00 $4,400.00 $4,000.00 $4,000.00 $4,400.00 $3,600.00 $5,000.00 $3,400.00 $4,120.00 137 ADDITIVE ALTERNATE #2 - Traffic Line (24” Yellow) 1600 LF $20.00 $32,000.00 $22.00 $35,200.00 $32,000.00 $33,600.00 $35,200.00 $32,000.00 $32,000.00 $33,600.00 $28,800.00 $40,000.00 $27,200.00 $32,960.00 138 ADDITIVE ALTERNATE #2 - Pavement Marking (Type IV Arrow)2 EA $500.00 $1,000.00 $165.00 $330.00 $300.00 $315.00 $330.00 $300.00 $300.00 $500.00 $300.00 $370.00 $498.00 $309.06 139 ADDITIVE ALTERNATE #2 - Pavement Marking (Bike Symbol with Arrow)12 EA $165.00 $1,980.00 $150.00 $1,800.00 $1,560.00 $1,638.00 $1,716.00 $1,560.00 $1,560.00 $2,400.00 $1,560.00 $1,920.00 $2,496.00 $1,607.16 140 ADDITIVE ALTERNATE #2 - Pavement Marking (Slow School XING)3 EA $500.00 $1,500.00 $870.00 $2,610.00 $2,370.00 $2,488.50 $2,607.00 $2,370.00 $2,370.00 $2,550.00 $2,370.00 $2,925.00 $3,429.00 $2,441.55 141 ADDITIVE ALTERNATE #2 - Pavement Marking (Stop) 1 EA $150.00 $150.00 $240.00 $240.00 $215.00 $225.75 $236.00 $215.00 $215.00 $325.00 $215.00 $265.00 $312.00 $221.49 142 ADDITIVE ALTERNATE #2 – Pavement Marking (Yield teeth) 35 EA $10.00 $350.00 $30.00 $1,050.00 $875.00 $918.75 $945.00 $875.00 $875.00 $1,750.00 $875.00 $1,085.00 $1,470.00 $901.25 143 ADDITIVE ALTERNATE #2 - Pavement Marking (Green) 3900 SF $20.00 $78,000.00 $14.00 $54,600.00 $46,800.00 $49,140.00 $50,700.00 $58,500.00 $46,800.00 $48,750.00 $46,800.00 $58,500.00 $54,600.00 $48,204.00 144 ADDITIVE ALTERNATE #2 - Delineator Post 240 EA $475.00 $114,000.00 $340.00 $81,600.00 $73,200.00 $76,860.00 $80,520.00 $96,000.00 $73,200.00 $96,000.00 $73,200.00 $90,000.00 $47,520.00 $75,429.60 BID ALTERNATE 2 $259,830.00 $228,640.00 $221,425.00 $238,182.00 $272,409.00 $244,325.00 $219,066.91 $244,775.00 $228,225.00 $247,115.00 $203,448.00 $205,354.37 $437,080.00 $366,640.00 $358,775.00 $397,519.50 $412,159.00 $421,525.00 $349,758.82 $396,475.00 $385,475.00 $399,265.00 $293,075.00 $332,944.62 *NOTE: BLUE-COLORED NUMBER DENOTED INCORRECT LINE ITEM PRICE. THE NUMBERS ARE VERIFIED AND REVISED BY CITY ON THIS BIDS TABULATION Apparent Low Bidder
*NOTE: RED-COLORED NUMBER DENOTED INCORRECT BID TOTAL. THE NUMBERS ARE VERIFIED AND REVISED BY CITY ON THIS BIDS TABULATION Interstate Grading &
Paving, Inc.O'Grady Paving, Inc.Bay Cities Paving &
Grading, Inc.Engineer's Estimate Radius Earthwork, Inc. Mountain Cascade, Inc.DeSilva Gates Rapid Grading Services MCK Services, Inc.McGuire and Hester G. Bortolotto & Company, Inc.

BID ALTERNATE CONTRACT WORK
McKim CorporationUnit Cost
(Eng Est)
4

DeSilva Gates McKim Corporation Radius Earthwork, Inc. McGuire and Hester MCK Services, Inc.Bay Cities Paving & Grading, Inc.

G. Bortolotto &
Company, Inc. O'Grady Paving, Inc.Interstate Grading &
Paving, Inc. Mountain Cascade, Inc. Rapid Grading Services TDW Construction McKim
FBD Vanguard
Construction Jalos Construction R & R Maher
Construction JD Partners Concrete R & R Maher
Construction Spencon Spencon R & R Maher
Construction
Bear Electrical Solutions Bear Electrical Solutions Bear Electrical Solutions Bear Electrical Solutions Bear Electrical Solutions Bear Electrical Solutions Bear Electrical Solutions Bear Electrical Solutions Bear Electrical Solutions Bear Electrical Solutions Bear Electrical Solutions Chrisp Company Chrisp Company Chrisp Company Chrisp Company Chrisp Company Chrisp Company Chrisp Company Chrisp Company Chrisp Company DG Striping, Inc. Chrisp Company Johnson Construction
Company
Johnson Construction
Company
Johnson Construction
Company D's General Engineering Johnson Construction
Company
Johnson Construction
Company
Mike O'Dell Survey Cunha Surveying, Inc. Cunha Surveying Inc.

Bond Blacktop, Inc. Bond Blacktop, Inc Bond Blacktop, Inc Bond Blacktop, Inc. Pavement Coatings Co. Bond Blacktop, Inc. Graham Contractors Bond Blacktop, Inc. Bond Blacktop, Inc.Union Pavement Services Bond Blacktop, Inc.

Anrak Corporation
Bay Area Commercial
Sweeping, Inc.

DR Traffic Control DR Traffic Control
Anrak Corporation
Pacific Northwest Oil Reed & Graham Inc.

Cunha Surveying Inc.

Mercado Transportation,
Inc.

Pavement Recycling
Systems, Inc.

Adjust Iron
Minor Concrete
Electrical/RRFB & Signal Modifications
Description
List of Sub-Contractors
Monument Referencing
Paving Oil
Slurry/Crack Fill
Surveyor
Grinding
Trucking
Coldplane
Milling
Striping/Signage
Utility Adjust
Sweeping
Traffic Control
5

ATTACHMENT 5
Construction Change Order Policy for the Dempsey Road and Great Mall Parkway (Phase II) Street Resurfacing Project, CIP Nos. No. 3440, 4283, 4295, 4304, 4305, 7118

2007 City Council Approved Construction Change Order Policy

Construction Award Individual Administrative Cumulative Award Amount Change Order Authority Change Order Authority Under $50,000 $5,000 $7,500
Over $50,000 10% of Award or $25,000 15% of Award or $100,000 whichever is smaller whichever is smaller

Street Resurfacing Project Street Resurfacing Project 2025, CP 3440, 4283, 4295, 4300, 4304, 4305, and 7118

Contract Award Individual Administrative Cumulative
Amount_______ Change Order Authority Change Order Authority

$4,229,695.00 N/A $635,000 (15%)

City of Milpitas, California

BUDGET CHANGE FORM

To (Debit) From (Credit)
Type of Change

Account

Amount

Account

Amount
Check one:

 Budget
Appropriation
 Budget Transfer

CP4300-4Const-311GT1177
CP4300-4Const-311GT1181

$333,311.50
$39,502.00

California State Bill 1
Road Maintenance and
Rehabilitation (SB1
RMRA)

Vehicle Registration Fund
(VRF)

$333,311.50
($231,511.47
in funding &
$101,800.03
interest)

$39,502.00

BACKGROUND:

The Traffic and Transportation Engineering section of the Public Works Department is responsible for the planning and managing the City’s Street Resurfacing Program. Streets identified annually for the repair, rehabilitation, and/or reconstruction are based on the Pavement Technical Assessment Program (P-TAP) report developed by the Metropolitan Transportation Commission (MTC). The P-TAP report provides agencies with recommendations to optimize the pavement condition rating and the use of funding. According to the 2024 P-TAP report, the City’s Pavement Condition Index (PCI) stands at 71, classified as "Good Condition" and above the Bay Area’s average of 67. It is the City’s goal to maintain a minimum PCI rating of 70 throughout its infrastructure.

The Dempsey Road and Great Mall Parkway (Phase II) Street Resurfacing Project, CIP Nos. 3440, 4283, 4295, 4300, 4304, 4305, 7118 (“Project”) workplan is included in the adopted FY2026-2030 Capital Improvement Program. The resurfacing of Dempsey Road and Great Mall Parkway (Phase II) was approved as part of the Street Resurfacing Project FY2023-24, CIP No. 4300 and FY2024-25, CIP No. 4305, respectively. Due to schedule conflicts with other CIP projects and a grant opportunity, Dempsey Road was rescheduled to be resurfaced after the completion of the Dempsey Water Main Replacement Project, CIP No. 7118; and Great Mall Parkway (Phase II) rescheduled to be resurfaced after grant announcement of the CTC Local Partnership Program in summer 2025 which unfortunately the City was unsuccessful.

The Project provides for the design and construction of asphalt concrete improvements consisting of grind and
overlay, cape, crack and slurry sealing, and spot repairs; concrete improvements consisting of repairs to curb,
gutter, and sidewalk, and curb ramp replacements in compliance with Americans with Disabilities Act; pedestrian improvements and signal modification at traffic signal intersections; upgrades to bike lane facilities; and reinstallation of striping and pavement delineation. As part of the accepted workplan, the Project included the following streets as the base bid:

▪ Alder Drive from Barber Lane to E. Tasman Drive;
▪ Dempsey Way;
▪ Dempsey Road from S. Park Victoria Drive to Yosemite Drive; ▪ Great Mall Parkway from McCandless Drive to Montague Expressway; ▪ Tasman Drive from Alder Drive to 880 Southbound On/Off Ramps; ▪ Yosemite Drive from S. Milpitas Blvd to S. Park Victoria Drive; and ▪ Railroad Court, north of Railroad Avenue.

Staff also included the following work as bid alternatives in the event of sufficient funding to award one or multiple alternatives with the base scope.

• Alternative 1: Great Mall Parkway Delineator Post
• Alternative 2: Escuela Parkway Separated Bike Lanes

ANALYSIS:

The Project was advertised on the City’s eProcurement system, OpenGov Procurement, and digital construction trade publications on November 14, 2025, and in the Milpitas Post on November 14 and 21, 2025, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act and City Ordinance I-2-3.08 – Formal Bid Procedures. 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 January 7, 2026, and eleven (11) sealed bids were received with the price range for the base bid from $4,091,695.00 to $5,660,818.24. The apparent lowest bidder was DeSilva Gates Construction LLC, submitting a base bid in the amount of $4,091,695. The Council’s agenda packet includes detailed information about the Project’s Plan and Specifications (Attachment B); and the Engineer’s Construction Estimate and the Bid Results for the Project’s base bid and alternative bid items (Attachment C). The Summary of Bid Results is as follows:

Bidder Base Bid Bid Alternate No. 1 Bid Alternate No. 2 Engineer’s Estimate $6,096,384.00 $177,250.00 $259,830.00

DeSilva Gates Construction LLC $4,091,695.00 $138,000.00 $228,640.00 McKim Corporation $4,226,769.40 $137,350.00 $221,425.00 Radius Earthwork, Inc. $4,236,866.15 $159,337.50 $238,182.00 McGuire and Hester $4,558,716.50 $139,750.00 $272,409.00 MCK Services, Inc. $4,619,757.25 $177,200.00 $244,325.00 Bay Cities Paving & Grading, Inc. $4,683,948.55 $130,691.91 $219,066.91 G. Bortolotto & Company, Inc. $4,845,452.25 $151,700.00 $244,775.00 O'Grady Paving, Inc. $4,905,877.25 $157,250.00 $228,225.00 Interstate Grading & Paving, Inc. $5,046,150.00 $152,150.00 $247,115.00 Mountain Cascade, Inc. $5,463,965.00 $89,627.00 $203,448.00 Rapid Grading Services $5,660,818.24 $127,590.25 $205,354.37

The bid pricing received varies between 7% to 33% under the Engineer’s Construction Estimate. The variation is likely due to various factors such as, but not limited too, favorable construction market, timing of the bid posting, contractor’s work schedule, an increase in competition amongst contractors, contractors self- performing work instead of using subcontractors, the economy scale of the Project, and/or reduced cost in material and labor.

Staff reviewed the bid proposal submitted by DeSilva Gates Construction, LLC, the apparent lowest bidder, and found their bid proposal to be responsive. Staff recommends awarding a construction contract in the base bid amount of $ $4,091,695.00 plus alternate bid item no. 1 in the amount of $138,000.00 for the total amount of $4,229,695.00 to DeSilva Gates Construction, LLC, the lowest responsible bidder submitting a responsive bid. No bid protests were filed with the City. There is sufficient funding available in the Project budget to award this contract, and no additional funding appropriation is required.

The construction contingency established for the Project to address any unforeseen conditions that arise during construction is $635,000 which is approximately 15% of the total contract value. 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 D). 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.

PROJECT/PROGRAM SCHEDULE:

Upon City Council adoption of the Resolution (Attachment A), construction is anticipated to start in March/April and be completed by the end of the summer.

BUDGET AMENDMENT FOR STREET RESURFACING PROJECT FY 2024-25, CIP PROJECT NO. 4300 The City receives allotment of tax generated funding annually from the County of Santa Clara and State through Measure B, State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA), and Vehicle Registration Fee (VRF). This funding is dedicated to the annual Street Resurfacing Project in order to meet the City’s goal of maintaining a minimum PCI rating of 70 throughout its infrastructure.

The City Council adopted a budget allocation of the SB1 RMRA and VRF funding of $2,000,000 and $500,000, respectively, for Street Resurfacing Project FY 2024-25, CIP Project No. 4300 (CIP No. 4300) as part of the adopted FY2025-2029 Capital Improvement Program. As the budget is adopted prior to the release of the actual amount released by State and County of Santa Clara, the budget allocations are based on conservative historic actuals over the past five years. Therefore, a Budget Amendment is required to align with the actual funding received for the CIP No. 4300 the following year.

In FY2024-25, the City received $2,333,311.50 in SB1 RMRA funding from the State where $2,231,511.47 was the funding allocation and $101,800.03 was the accrued interest; and $539,502.00 in VRF funding from the County of Santa Clara. Staff is recommending City Council approve a Budget Amendment (Attachment E) in CIP Project No. 4300 to appropriate the increase in SB1 RMRA funding in the amount of $333,311.50 and VRF in the amount of $39,502 to account for difference from the projected allocation versus the actual allocation received in order to qualify all Project expenditures for reimbursement.

The following is a summary of the requested Budget Appropriations for the Project:

Project No. 4300

Current Adopted
Budget
Proposed Budget
Increase/(Decrease)
Proposed Budget Total
SB1 RMRA $2,000,000 $333,311.50 $2,333,311.50
Measure B $2,097,562 - $2,097,562
Vehicle Registration Fee $500,000 $39,502 $539.502
Total $4,597,562 $372,813.50 $4,970,375.50

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve of the Project’s plans and specifications and award the construction contract to DeSilva Gates Construction, LLC.

Pros: None.

Cons: A denial would delay the completion of the annual repairs and rehabilitation of the City’s roadway infrastructure.

Reason for Not Recommending: The Project would need to be re-advertised, resulting in a minimum six- month delay and causing it to miss the ideal construction season. A postponement would push the Project to be constructed into the rainy season, which could potentially increase total construction costs. In addition, not completing the Project this summer may adversely impact the City’s overall PCI rating.

Alternative 2: Do not approve the Budget Amendment for the Street Resurfacing Project FY2024-25, CIP Project No. 4300.

Pros: None.

Cons: Not approving the Budget Amendment according to the actual funding received will not allow the City to qualify all Project expenditures for reimbursement.

Reason for Not Recommending: The City will not be able to collect the full allotment of funding from State and Couty of Santa Clara for reimbursement of expenditures.

FISCAL IMPACT:

The Project will be funded by various CIP projects, including Nos. 3440, 4283, 4295, 4300, 4305, and 7118, to complete the work. Adequate funds are available across all CIP projects and no additional funding is required. In summary, CIP Project No. 3440 will fund all the traffic signal modification along Great Mall Parkway; CIP Project No. 4283 will fund curb ramp replacements and associated concrete improvements; CIP Project No. 4295 will fund the restriping on Yosemite Drive from S. Milpitas Blvd to Dempsey Road; CIP Project No. 4300 will fund concrete, asphalt, and striping improvements on Alder Drive from Barber Lane to E. Tasman Drive,
Great Mall Parkway from McCandless Drive to Montague Expressway, and Tasman Drive from Alder Drive to 880 Southbound On/Off Ramps; CIP Project No. 4305 will fund concrete, asphalt, and striping improvements on Dempsey Road from S. Park Victoria Drive to Yosemite Drive, Dempsey Way, Railroad Court, and Yosemite Drive from Dempsey Road to S. Park Victoria Drive; and CIP Project No. 7118 will fund portion of the asphalt and striping improvements on Dempsey Road and Yosemite Drive due to the recently water main replacement project. The allocation of the funding from various CIP projects are summarized as follows:

Summary of Estimated Construction Cost:

Base Bid $4,091,695.00
Bid Alternative No. 1 $138,000.00
15% Contingency $635,000.00
Total $4,864,695.00

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The Project consists of the repair and maintenance of existing public streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities as it involves negligible or no expansion of existing use, which is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301. The Notice of Exemption was filed with the County of Santa Clara on October 22, 2025.

ATTACHMENT(S):
(a) Resolution
(b) Project Plan and Specifications
(c) Bid Results Summary
(d) Construction Change Order Policy
(e) Budget Change Form

Project CIP Number
Project Funding
Allocation
Uncommitted Balance
as of January 23, 2026
Project No. 3440 $270,000.00 $1,534,615.96
Project No. 4283 $200,000.00 $540,000.19
Project No. 4295 $119,063.50 $202,106.73
Project No. 4300 $2,522,580.50 $4,469,065.97
Project No. 4305 $728,051.00 $1,486,382.89
Project No. 7118 $390,000.00 $2,385,802.96
Total Funding Allocation $4,229,695.00 $10,617,974.70

 Check if City Council Approval required. Meeting:

Requested by: Department Head: Date:

Reviewed by: Finance Staff: Date:

Approved by: Budget Manager: Date:

Date approved by City Council, if required: Confirmed by:

FI/24786/V Form 30-222 (Rev. 1/92)

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 - McCarthy Ranch for Fiscal Year 2026-27 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Category: Consent Calendar-Community Development
Meeting Date: 2/17/2026
Recommendation: Adopt a resolution initiating proceedings for the annual levy and collection of assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 - McCarthy Ranch for Fiscal Year 2026-27.

BACKGROUND:

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

ANALYSIS:

The Landscaping and Lighting Act of 1972 requires the adoption of a resolution (Attachment B) directing preparation of the annual engineer’s report evaluating LLMD 95-1 maintenance and improvement costs and generally describing any proposed new improvements or any substantial changes in existing improvements. At subsequent meetings, the City Council will be asked to approve the completed engineer’s report and to schedule a public hearing for the proposed assessment this coming April and May. Upon City Council approval, the assessment for the maintenance and improvement work will be added to the 2026-27 property tax bills of property owners within the boundaries of LLMD 95-1.

PROJECT SCHEDULE/KEY MILESTONES
Upon City Council adoption of the Resolution, the preparation of the annual Engineer’s Report will begin and is anticipated to be completed in April 2026. Approval of the annual Engineer’s Report and Assessments, and conducting a public hearing and adopting a resolution confirming annual assessments and ordering the levy for the district is anticipated to be brought forward to City Council for consideration on April 21, 2026, and May 19, 2026.

POLICY ALTERNATIVE(S):

Alternative 1: Not adopting a Resolution initiating proceeding for the annual levy and collection of assessments and ordering the preparation of the annual engineer’s report for LLMD 95-1.

Pros: None

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

Reason not recommended: Staff recommends approving the Resolution confirming the assessment and ordering the levy for FY 2026-27 to allow for the continued maintenance and service of LLMD 95-1.

FISCAL IMPACT:

The levy and collection of assessments provide a funding resource for the City to improve and maintain public landscaping, irrigation, pedestrian lighting, gateway columns and entry signs along Ranch Drive and North McCarthy Boulevard between State Route 237 and Dixon Landing Road within LLMD 95-1. The completion of the engineer’s report will determine the FY 2026-27 maintenance cost budget for the LLMD 95-1 that will be completed by June. There is no fiscal impact for this current recommended action.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

A levy and collection of assessments has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. The action is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378. To the extent the funds generated by this levy and collection would be used to fund any currently contemplated projects, such projects entail the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301.

ATTACHMENT(s):
(a) Location Map
(b) Resolution

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

RESOLUTION NO. ___

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

PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 (MCCARTHY RANCH) FOR FISCAL YEAR 2026-27, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT, AND MAKING CERTAIN FINDINGS

RELATED THERETO

WHEREAS, on May 2, 1995, the City Council (the “City Council”) of the City of Milpitas (the “City”) completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (the “Maintenance District”), for the purpose of paying for the installation, construction, maintenance and/or servicing of certain improvements authorized under the Act, and incidental expenses in connection therewith (collectively, the “Improvements”); and

WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Maintenance District; and

WHEREAS, the City has retained NBS Government Finance Group as assessment engineer for the purpose of assisting with the annual levy of the Maintenance District, and the preparation and filing of a report in accordance with Section 22565, et seq., of the Act (the “Engineer’s Report”); and

WHEREAS, pursuant to Section 22622 of the Act, the City Council wishes to initiate proceedings to provide for the levy of assessments for Fiscal Year 2026-27 in order to provide funding for the necessary costs and expenses pertaining to the maintenance of the Improvements within the Maintenance District.

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

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

2. The City Council hereby orders NBS Government Finance Group to prepare and file with the City Clerk the Engineer’s Report concerning the levy and collection of assessments within the Maintenance District for the fiscal year commencing July 1, 2026, and ending June 30, 2027, in accordance with Section 22565, et seq., of the Act.

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

PASSED AND ADOPTED this 10th day of Feburary, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

2 Resolution No. xxxx
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 Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 - Sinclair Horizon for Fiscal Year 2026-27 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Category: Consent Calendar-Community Development
Meeting Date: 2/17/2026
Recommendation: Adopt a resolution initiating proceedings for the annual levy and collection of assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 - Sinclair Horizon for Fiscal Year 2026-27.

BACKGROUND:

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

ANALYSIS:

The Landscaping and Lighting Act of 1972 requires adoption (Attachment B) of a resolution directing preparation of the annual engineer’s report evaluating LLMD 98-1 maintenance and improvement costs and generally describing any proposed new improvements or any substantial changes in existing improvements. At subsequent meetings, the City Council will be asked to approve the completed engineer’s report and to schedule a public hearing for the proposed assessment this coming April and May. Upon City Council approval, the assessment for the maintenance and improvement work will be added to the 2026-27 property tax bills of property owners within the boundaries of LLMD 98-1.

PROJECT SCHEDULE/KEY MILESTONES
Upon City Council adoption of the Resolution, the preparation of the annual Engineer’s Report will begin and is anticipated to be completed in April 2026. Approval of the annual Engineer’s Report and Assessments, and conducting a public hearing and adopting a resolution confirming annual assessments and ordering the levy for the district is anticipated to be brought forward to City Council for consideration on April 21, 2026, and May 19, 2026.

POLICY ALTERNATIVE(S):

Alternative 1:

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

Pros: None

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

Reason not recommended: Staff recommends approving the Resolution confirming the assessment and ordering the levy for FY 2026-27 to allow for the continued maintenance and service of LLMD 98-1.

FISCAL IMPACT:

The levy and collection of assessments provide a funding resource for the City to improve and maintain public landscaping, irrigation, and a pedestrian walking path adjacent to Sinclair Frontage Road and Los Coches Creek abutting the Sinclair Horizon residential subdivision within LLMD 98-1. The completion of the engineer’s report will determine the FY 2026-27 maintenance cost budget for the LLMD 98-1 that will be completed by June. There is no fiscal impact for this current recommended action.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

A levy and collection of assessments has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. The action is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378. To the extent the funds generated by this levy and collection would be used to fund any currently contemplated projects, such projects entail the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301.

ATTACHMENT(s):
(a) Location Map
(b) Resolution

CITY OF MILPITAS
LANDSCAPING MAINTENANCE DISTRICT (LMD) 98-1
(N.T.S.)

2025-2026 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE S T

RESOLUTION NO. ___

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

PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 (SINCLAIR HORIZON) FOR FISCAL YEAR 2026-27, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT, AND MAKING CERTAIN FINDINGS

RELATED THERETO

WHEREAS, on June 16, 1998, the City Council (the “City Council”) of the City of Milpitas (the “City”) completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (the “Maintenance District”), for the purpose of paying for the installation, construction, maintenance and/or servicing of certain improvements authorized under the Act, and incidental expenses in connection therewith (collectively, the “Improvements”); and

WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Maintenance District; and

WHEREAS, the City has retained NBS Government Finance Group as assessment engineer for the purpose of assisting with the annual levy of the Maintenance District, and the preparation and filing of a report in accordance with Section 22565, et seq., of the Act (the “Engineer’s Report”); and

WHEREAS, pursuant to Section 22622 of the Act, the City Council wishes to initiate proceedings to provide for the levy of assessments for Fiscal Year 2026-27 in order to provide funding for the necessary costs and expenses pertaining to the maintenance of the Improvements within the Maintenance District.

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

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

2. The City Council hereby orders NBS Government Finance Group to prepare and file with the City Clerk the Engineer’s Report concerning the levy and collection of assessments within the Maintenance District for the fiscal year commencing July 1, 2026, and ending June 30, 2027, in accordance with Section 22565, et seq., of the Act.

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

PASSED AND ADOPTED this 17th day of February, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

2 Resolution No. xxxx
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 Bosco Construction, Inc. for the Annual Sidewalk, Curb, and Gutter Improvement Project 2025, CIP No. 3426 (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: 2/17/2026
Recommendation: Adopt a resolution to (1) Approve Project Plans and Specifications; (2) Award the Construction Contract to the lowest responsible bidder Bosco Construction, Inc. in the amount of $700,756.87; (3) Authorize the City Manager, or designee, to execute the construction contract with Bosco Construction, Inc.; and (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not-to-exceed $140,151 for the Annual Sidewalk, Curb, and Gutter Improvement Project 2025, CIP No. 3426.

BACKGROUND:

The Annual Sidewalk, Curb, and Gutter Improvement Project 2025, CIP No. 3426 in the adopted FY2026-2030 Capital Improvement Program (Project) provides for the repair and replacement of concrete sidewalk, curb, and gutter to meet ADA requirements1. A total of 195 locations identified through inspections as well as service requests received by the community will constitute the scope of work for the project.

ADA requirements for sidewalk offsets (vertical changes in level) dictate that any vertical displacement between sidewalk panels must not exceed ¼ inch. Changes between ¼ inch and ½ inch must be beveled with a slope no steeper than 50%, while any offset that exceed ½ inch requires a ramp or removal and replacement. This project will ensure safe path of travel for residents and visitors.

ANALYSIS:

The Project was advertised on the City eProcurement system, OpenGov Procurement, and digital construction trade publications on December 19, 2025, and in the Milpitas Post on December 19 and 26, 2025, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act and City Ordinance I-2-3.08 – Formal Bid Procedures. 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 January 22, 2026, and nine (9) sealed bids were received with pricing ranging from $700,756.87 to $1,520,560.00. The apparent lowest bidder was Bosco Construction Services, Inc., with a bid submittal of $700,756.87. The City Council agenda packet includes detailed information about the Project’s Plan and Specifications (Attachment b); and the Engineer’s Construction Estimate and the Bid Results for the Project’s base bid and alternative bid items (Attachment c). The Summary of Bid Results is as follows:

# Bidder Base Bid
Engineer’s Estimate $893,000.00

1 While California’s Streets and Highways Code Section 5610 mandates that property owners maintain adjacent sidewalks in a safe, non-dangerous condition, covering repairs to prevent injury or public inconvenience, the City of Milpitas currently assumes responsibility for the maintenance of City sidewalks, curb, and gutters to ensure compliance with Americans with Disability Act (ADA) requirements.

1 Bosco Construction Services, Inc. $700,756.87
2 JMS Cement Contractors Inc. $828,547.00
3 Villalobos & Associates, Inc. $843,443.00
4 CLS / Cervantes Landscape & Concrete $877,957.00
5 J.J.R. Construction, Inc. $935,356.70
6 Spencon Construction, Inc. $990,469.00
7 FBD Vanguard Construction, Inc. $1,101,034.00
8 DRYCO $1,424,485.00
9 Kerez Engineering $1,520,560.00

The bid pricing received is between 23% under and 66% over, the Engineer’s Construction Estimate. The variation is likely due to various factors such as, but not limited to, favorable construction market, timing of the bid posting, contractor’s work schedule, an increase in competition amongst contractors, contractors’ ability to self-performing work, and/or reduced cost in material and labor.

Staff reviewed the bid proposal submitted by Bosco Construction Services, Inc., the apparent lowest bidder, and found their bid proposal to be responsive. Staff recommends awarding a construction contract in the base bid amount of $700,756.87 to Bosco Construction Services, Inc., the lowest responsible bidder submitting a responsive bid. No bid protests were filed with the City. There is sufficient funding available in the Project budget to award this contract, and no additional funding appropriation is required.

The construction contingency established for the Project to address any unforeseen conditions that arise during construction is $140,151 which is approximately 20% of the total contract value. 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 d). 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.

PROJECT/PROGRAM SCHEDULE:

Upon City Council adoption of the Resolution (Attachment a), construction is anticipated to start in April/May and be completed by the end of the summer.

POLICY ALTERNATIVE(S):

Alternative: Do not approve the Project plans and specifications and award the construction contract to Bosco Construction, Inc.

Pros: None.

Cons: A denial would delay the completion of the annual repairs and replacement of the City’s sidewalk, curb and gutter infrastructure to meet ADA requirements.

Reason for Not Recommending: The Project would need to be re-advertised, resulting in a six-month delay and causing it to miss the ideal construction season. A postponement would push the Project to be constructed into the rainy season, which could potentially increase total costs. Delay of this project could also leave our sidewalks non-compliant with ADA requirements.

FISCAL IMPACT:

Adequate funds are available in the Project to award the construction contract in the amount of $700,756.87 to Bosco Construction Services, Inc. and to execute contract change order(s) in the aggregate amount not to exceed $140,151.00 for a total authorized amount of $840,908.87. As of January 28, 2026, the uncommitted balance in the Project is $1,682,281. No additional funding appropriation is required.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The Project consists of the repair and maintenance of existing public sidewalks, curb and gutters, and similar facilities as it involves negligible or no expansion of existing use, which is exempt from CEQA pursuant to Cal.

Code Regs., tit. 14, § 15301.

ATTACHMENT(S):
(a) Resolution
(b) Project Plan and Specifications
(c) Bid Tabulation
(d) Construction Change Order Policy

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE PROJECT PLANS AND SPECIFICATIONS; AWARDING THE CONSTRUCTION

CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, BOSCO CONSTRUCTION, INC., IN THE AMOUNT OF $700,756.87; AUTHORIZING THE CITY

MANAGER, OR DESIGNEE, TO EXECUTE THE CONSTRUCTION CONTRACT WITH BOSCO CONSTRUCTION, INC.; AND AUTHORIZING THE PUBLIC WORKS

DIRECTOR TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT-TO-EXCEED $140,151 FOR THE ANNUAL SIDEWALK, CURB, AND GUTTER PROJECT 2025, CIP NOS. NO. 3426.

WHEREAS, The Annual Sidewalk, Curb, and Gutter Project, CIP No. 3426 (collectively referred to herein as the “Project”) is included in the adopted FY2026-2030 Capital Improvement Program. The Project provides for the repair and replacement of the City owned sidewalk, curb, and gutter in compliance with Americans with Disabilities Act.

WHEREAS, the Project was advertised on the City’s eProcurement system, OpenGov Procurement, and digital construction trade publications on December 19, 2025, and in the Milpitas Post on December 19 and 26, 2025, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act and City Ordinance I-2-3.08 – Formal Bid Procedures; and posted at Milpitas City Hall, Sports Center, and Senior Center per City Council direction and Government Code section 36933; and

WHEREAS, the Construction Estimate for the Project’s Base Bid is $893,046; and

WHEREAS, on January 22, 2026, nine (9) sealed bid proposals were received and the base bid pricing ranged from $700,756.87 to $1,520,560.00; and

WHEREAS, the lowest responsible bidder submitting a responsive bid is Bosco Construction, Inc., in the amount of $700,756.87; and

WHEREAS, the Notice of Intent to Award Contract to Bosco Construction, Inc. was posted on OpenGov Procurement and no bid protest was filed with the City within seven (7) days of the notice of intent to award as set forth in the Milpitas Municipal Code I-2-3.19 – Protest Procedure; and

WHEREAS, staff recommends the City Council award a construction contract to Bosco Construction, Inc., 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 in the amount of $700,756.87 in accordance with the State law; and

WHEREAS, sufficient funds are available in the Project to award the contract to Bosco Construction, Inc. in the total amount of $700,756.87; 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 $140,151, twenty percent (20%) of the total contract value, 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.

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

2 Resolution No. ____

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 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, Bosco Construction, Inc., in the amount of $700,756.87 for Project.

The City Manager or their designee is authorized to execute a contract with Bosco Construction, Inc. not to exceed this amount and take all necessary actions to effectuate this award.

4. The Public Works Director is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $140,151 for the Project.

PASSED AND ADOPTED this 3 rd day of March, 2026 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

38077.00180\29080232.10 C2

CITY OF MILPITAS

MILPITAS, CALIFORNIA

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR
2025 ANNUAL SIDEWALK AND CURB & GUTTER PROJECT
CIP NO. 3426

Recommended for Bidding: ____________________________________ Project Manager, Samu Tiumalu

Approved for Bidding: ________________________________________ City Engineer, Michael Silveira









 





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TABLE OF CONTENTS
Page

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00 11 16 – NOTICE INVITING BIDS ......................................................................................... 1 00 21 13 – INSTRUCTIONS TO BIDDERS ............................................................................... 4 00 41 43 – BID FORMS .......................................................................................................... .13 00 52 13 – CONTRACT ........................................................................................................... 35 00 61 13 – BOND FORMS .......................................................................................................40 00 72 13 – GENERAL CONDITIONS .......................................................................................52 00 73 13 – SPECIAL CONDITIONS ....................................................................................... 107 01 00 00 – GENERAL REQUIREMENTS ............................................................................... 110 01 20 00 – MEASUREMENT AND PAYMENT ....................................................................... 130 01 31 00 – NOTICE TO PROCEED ....................................................................................... 133 01 33 00 – LIST OF SUBMITTALS ........................................................................................ 134 02 00 00 – TECHNICAL PROVISIONS .................................................................................. 135 EXHIBIT “A” CHANGE ORDER FORM .................................................................................. 147 EXHIBIT “B” SITE LIST ..................................................ERROR! BOOKMARK NOT DEFINED.

EXHIBIT “C” STANDARD DRAWINGS .................................................................................. 155









 





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00 11 16 – NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City Council of the City of Milpitas (“City”) invites and will receive sealed Bids up to but not later than 2:00 p.m. on Thursday, January 22, 2026 at City of Milpitas City Hall, 1st floor, Information Service Counter, 455 E. Calaveras Boulevard, Milpitas, California 95035, for the furnishing to City of a ll labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for the 2025 Annual Sidewalk and Curb & Gutter Project (the “Project”). At said time, Bids will be publicly opened and read aloud at the City Office. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

Bids must be submitted on the City’s Bid Forms in person. No bid shall be accepted through OpenGov. Procurement. Bidders may obtain a copy of the Contract Documents from OpenGov Procurement ( https://procurement.opengov.com/portal/milpitas-ca). To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. Additionally, bid packa ges containing all forms, specifications, terms and conditions may be obtained on the City’s OpenGov Procurement website. Links or documents found outside the city's online vendor portal may not be accessible/up-to-date.

It is the responsibility of each prospective bidd er to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on https://procurement.opengov.com/portal/milpitas-ca. It is the responsibility of each prospective bidder to check https://procurement.opengov.com/portal/milpitas-ca on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on https://procurement.opengov.com/portal/milpitas-ca may change without notice to prospective bidders. The Contract Documents shall supersed e any information posted or transmitted by https://procurement.opengov.com/portal/milpitas-ca.

Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of Milpitas as bid security.

The bid security shall be provided as a guarante e that within five (5) working days after the City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City.

The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requir ements, as defined in Ca lifornia Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the contract.








 





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Pursuant to Labor Code Section 1773, City has ob tained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Santa Clara County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/
In addition, a copy of the prevailing rate of per diem wages is available at the City’s Department of Public Works and shall be made available to interested parties upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. 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 ex empt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.

Unless otherwise provided in the Instructions fo r Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the contract: Class A or Class C-8 License from the Contractor’s State License Board. This project is estimated at $900,000.

Substitution requests shall be made within 35 ca lendar days after the award of the contract.

Pursuant to Public Contract Code Section 3400(b), the City may ma ke findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.

City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the City from the BASE BID ALONE. City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

For further information, contact Mike Serpa, Senior Public Works Lead, at City of Milpitas Public Works, 1265 North Milpitas Bo ulevard, Milpitas, CA 95035, [email protected] or (408) 586- 2634.








 





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END OF NOTICE INVITING BIDS








 





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00 21 13 – INSTRUCTIONS TO BIDDERS

1. SECURING DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents may be obta ined from the City as specified in the Notice Inviting Bids. Prospective bidd ers are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact the City via Prints Charles Reprographics to obtain the required Contract Documents if they decide to submit a bid for the Project.

Addenda, if any, issued during the bid period will be posted on www.printscharlesrepro.com.

Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.

2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work , including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Spec ifications, Contract, and all other documents referenced herein. Each Bidder shall also dete rmine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insuranc e, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work , including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the si te or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receiv e or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract and no relief for error or omission will be given except as required under State law.

The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.

Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Project. Federal and Stat e laws require the City and its contractors to appropriately manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009 -0009-DWQ and any amendment or renewal thereof, the Federal Clean Water Act, and the Ca lifornia Porter Cologne Water Quality Control Act. By submitting a Bid, each Bidder acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.








 





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3. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the City Engineer a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery.

Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a co py of such addenda will be mailed or delivered to each prospective Bidder who has purchased a set of Drawings and Specifications. The City will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the City.

4. INSPECTION OF SITE; PRE-BID CONFERENCE
Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project.

5. ADDENDA
The City reserves the right to revise the Contra ct Documents prior to the Bid opening date.

Revisions, if any, shall be made by written Ad denda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The Cit y may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospec tive Bidder shall provide City a name, address, email address, and facsimile nu mber to which Addenda may be sent, as well as a telephone number by which the City can contact the Bidder. Any Addenda will be posted on https://procurement.opengov.com/portal/milpitas-ca. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact Mike Serpa, Senior Public Works Lead at City of Milpitas Public Works at 1265 N. Milpitas Boulevard, Milpitas, CA 95035; [email protected], or (408) 586-2634 to verify that it has received all Addenda issued, if any, prior to th e Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.

6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder. 







 





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7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of th e Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms ot her than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.

8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

9. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and in stalls a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104.

The successful bidder will be required to self-perform at least 40% of the work.

10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and th e City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.








 





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11. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of Milpitas; or (c) a Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of Milpitas as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the City provides th e successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder, or may call for new bids. No interest sh all be paid on funds deposited with the City . City will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract.

12. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise propo ses to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

The form of such Iran Contracting Certificate is included with the bid package and must be signed and dated under penalty of perjury.

13. NONCOLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of noncollusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury.

14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certificatio n on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the re gistration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.








 





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15. WAGE THEFT CERTIFICATION
Bidders on public works contracts are required to submit a certification disclosing whether the Bidder or any of its proposed subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limit ed to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline.

16. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information su bmitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract.

17. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Co ntractor shall sign an d file with the City the following certificate prior to performing the work under this Contract:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

The form of such Workers' Compensation Certificate is included as part of this document.

18. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or pa rtner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

19. SUBMISSION OF SEALED BIDS
Once the Bid and supporting do cuments have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarant ee and other required materials, in a sealed 







 





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envelope, addressed and delivered or mailed, postage prepaid, to the City Clerk before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopen ed. The envelope shall also contain the following in the lower left-hand corner thereof:

Bid of (Bidder’s Name)
for the 2025 Sidewalk and Curb & Gutter Project, CIP 3426 Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursua nt to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery.

20. OPENING OF BIDS
At the time and place set for the opening and read ing of bids, or any time thereafter, each and every bid received prior to the time and day set for the receipt of bids will be publicly opened and read. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

The public reading of each bid will include the following information:

A. The name and business lo cation of the bidder.

B. The nature and amount of the bi d security furnished by bidder.

C. The bid amount.

Bidders or their representatives and other interested persons may be present at the opening of the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids.

The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

21. WITHDRAWAL OF BID
Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receip t of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the or iginal bid. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein.

Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in compli ance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City. 







 





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22. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted pr ices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quot ing prices to other bidders. No person, firm, corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.

23. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

24. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receiv e any public money for performing work as a subcontractor on a public works contract. An y public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to wo rkers of a debarred subcontractor who has been allowed to work on the Project.

26. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.

27. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted 







 





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to City within ten (10) working days from the date the City provides the successful bidder with the Notice of Award.

28. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.

29. FILING OF BID PROTESTS
Consistent with Section I-2-3.19 of the Milpitas Municipal Code, Bidders may file a “protest” of a Bid with the City of Milpitas Purcha sing Agent. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing no later than seven (7) calendar days after the posting of the intent to award;
B. Clearly identify the specific irregularity or accusation; C. Specify in detail the grounds for prot est and the facts supporting the protest; D. Include all relevant, supporting documentation with the protest at time of filing; E. Set forth the proposed remedy requested.

If the protest does not comply with each of these requirements, the City may reject the protest without further review.

If the protest is timely and complies with the above requirements, the Purchasing Agent shall review the protest, any response from the challenged Bidder(s), and all other relevant information.

The Purchasing Agent will provide a written respon se to the protestor. The Purchasing Agent's decision on a bid protes t for a procurement in an amount no more than Fifty Thousand Dollars ($50,000) shall be final. For pr ocurements having a value of more than Fifty Thousand Dollars ($50,000), the City Council will consider the protest and take action thereupon, which action shall be final.

The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.

30. BASIS OF AWARD; BALANCED BID
The City shall award the Contract to the lowest re sponsible Bidder submitting a responsive Bid.

The lowest Bid will be determined on the basis of the Total Base Bid alone unless otherwise set forth in the Notice Inviting Bids.

The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may 







 





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reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

31. AWARD PROCESS
Once all Bids are opened and reviewed to dete rmine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsemen ts. Once the City notifies the Bidder of the award, the Bidder will have fourteen (14) calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty-one (21) calendar days from the date of the Notice of Award.

Once the City receives all of the properly drafted and executed documents, certifications from the Bidder, and any other documents as maybe specif ied in the Contract Documents, the City shall issue a Notice to Proceed to that Bidder.

32. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowere d to do so. The Contra ct and bond forms to be executed by the successful Bidder are includ ed within these Specificat ions and shall not be detached.








 





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00 41 43 – BID FORMS

1.1 Bid Acknowledgement.

NAME OF BIDDER:

To the Honorable City Council of the City of Milpitas, attn City Clerk:

The undersigned hereby declare th at we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project:
2025 SIDEWALK AND CURB & GUTTER PROJECT, CIP 3426
A We hereby propose to furnish all labor, ma terials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Contract Documents for the Total Bid Price indicated herein.

B The undersigned agrees that this Bid constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

C The undersigned has by careful examinat ion of the Contract Documents and any addenda thereto, and by examination of the actual Site conditions, satisfied itself as to the nature and location of all Work, the plans and specifications, and the general and local conditions to be encountered in the performance of any Work, the requirements of the Contract and all other matters which can in any way affect the Work or the cost thereof.

D The undersigned acknowledges receipt, un derstanding, and full consideration of the following addenda to the Contract Documents:

List Addenda No's. ________________________________________________ E Attached hereto and by this reference inco rporated herein and made a part of this Bid are the following forms which have been completed and executed by undersigned Bidder:

1. Designation of Subcontractors form.

2. Bidder Information and Experience form.

3. Noncollusion Declaration form.

4. Iran Contracting Act Certification form.

5. Public Works Contractor Re gistration Certification form.

6. Attached is the completed Wage Theft Certification form. 







 





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7. Contractor’s Certificate Regarding Workers’ Compensation form.

8. Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

F If awarded a contract, the undersigned he reby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within fourteen (14) days after the City provides the successful bidder with the Notice of Award.

G Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.

H Bidder is an individual ______, or co rporation ______, or partnership ______, organized under the laws of the State of _______________________________.

I Bidder represents and confirms that license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):

If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.
(SIGNATURES CONTINUED ON NEXT PAGE)

J The undersigned that the representations made herein herein are true and correct and all of the information submitted in connection with this Bid are made under penalty of perjury under the laws of the State of California.

Executed at _________________________, on this ____ day of __________, _____. (Corporate Seal)
(Bidder’s Name – Print or Type)

(Name and Title)

(Signature)








 





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Names of individual members of fi rm or names and titles of all o fficers of corporation and their addresses are listed below:

Name Title
Complete Address
Phone Fax

Name Title
Complete Address
Phone Fax

Name Title
Complete Address
Phone Fax

Name Title
Complete Address
Phone Fax









 





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1.2 BID SCHEDULE
BID
ITEM
NO.

ITEM DESCRIPTION

EST. QTY.

UNIT UNIT COST

EXTENDED
TOTAL
AMOUNT
1 Administration of
Diversion of Waste
Recyclable Materials 1 LS $ $
2 Remove and Replace 4”
Sidewalk (Standard
Drawing #425, #426, #427,
#436) 28,246 SF $ $
3 Remove and Replace 6”
Driveway Approach
(Standard Drawing #430,
#432, #434)

212

SF $ $

4 Remove and Replace Curb
and Gutter (Standard
Drawing #410)

1,725

LF

$

$
5 Remove Park Strip
Improvements

132

SF $ $
6A Curb Ramp (A88A Type A) 18 EA $ $
6B Curb Ramp (A88A Type B) 2 EA $ $
6C Curb Ramp (A88A Type C) 8 EA $ $
7 Root Barrier (Standard
Drawing #448) 200 LF $ $
8 Remove / Replace Asphalt 42 TON $ $

TOTAL BASE BID PRICE

Bidders must provide pricing for every bid item. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.

In case of discrepancy between the Unit Price and the Total Item Price set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Price” column, then the amount set forth in the “Item Price” column for the item shall prevail and shall be divided by the estima ted quantity for the item and the price thus obtained shall be the Unit Price.








 





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For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.









 





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1.3 List of Subcontractors
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Divisio n 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771 .1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amou nt in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price.

Notwithstanding the foregoing, if the work involves the construc tion of streets and highways, th en the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of w ork, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

As stated in the Instructions to Bidders, Bidder is required to complete at least 25% of the contract value with its own forces . Bidder shall indicate the value of each subcontractor’s work and the sum may not exceed the allowable amount.

Work to be done by
Subcontractor Name of Subcontractor Location of
Business
CSLB Contractor
License No.

DIR
Registration
Number
% of the
Work









 





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Work to be done by
Subcontractor Name of Subcontractor Location of
Business
CSLB Contractor
License No.

DIR
Registration
Number
% of the
Work

(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated









 





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1.4 Bidder Information and Experience Form
A. INFORMATION ABOUT BIDDER
NOTE: Indicate not applicable (“N/A”) where appropriate. If Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder:

2.0 Type, if Entity:

3.0 Bidder Address:

Facsimile Number Telephone Number

Email Address

4.0 How many years has Bidder’s organiza tion been in business as a Contractor?

5.0 How many years has Bidder’s organiza tion been in business under its present name?

5.1. Under what other or former names has Bidder’s organization operated?

6.0 If Bidder’s organiza tion is a corporation, answer the following:

6.1. Date of Incorporation:

6.2. State of Incorporation:

6.3. President’s Name:

6.4. Vice-President’s Name(s):

6.5. Secretary’s Name:

6.6. Treasurer’s Name:

7.0 If an individual or a part nership, answer the following:

7.1. Date of Organization:








 





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7.2. Name and address of all partners (state whether general or limited partnership):

8.0 If other than a corporation or partne rship, describe organization and name principals:

9.0 List other states in which Bidder’s organization is legally qualified to do business.

10.0 What type of work does the Bidd er normally perform with its own forces?

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

12.0 Within the last five years, has any offi cer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

13.0 List Trade References:









 





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14.0 List Bank References (Bank and Branch Address):

15.0 Name of Bonding Company and Name and Address of Agent:

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]









 





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B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**]

Project Name, &
Owner Contact
Information
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work









 





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C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**]

Project Name, &
Owner Contact
Information
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work









 





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D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the ke y personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

Additional Bidder’s Statements:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:









 





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E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder
Signature
Name
Title
Date









 





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1.5 Non-Collusion Declaration
The undersigned declares:

I am the ___________________ of ______________________________, the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any othe r Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly , submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization , bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaratio n is executed on __________ [date], at ___________________ [city], ___________________ [state].

Name of Bidder
Signature
Name
Title









 





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1.6 Iran Contracting Act Certification.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below re lating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
܆ The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Servic es in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

܆ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

܆ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.









 





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1.7 Public Works Contractor Registration Certification
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR regi stration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain re gistration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Bidder
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 







 





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1.8 Wage Theft Certification
The Bidder certifies subject to penalty for perjur y that the option checked below relating to the Bidder and its subcontractors’ status in regard to wage theft is true and correct:

Neither the Bidder nor any of its subcontractors have been found by a final court order or administrative ac tion of an investigatory govern ment agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labo r Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline.

The Bidder or its subcontractors have been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, includin g but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline. For each violation, the Bidder shall provide a copy of (i) the fina l court order and/or final administrative decision/action; and (ii) documents demonstrating either that the order/decision/action has been fully satisfied, or if the order/de cision/action has not been fully satisfied, documents evidencing a payment or othe r alternative plan approved by the court/government agency to satisfy the order/decision/action and proof that the Bidder or its subcontractors are in compliance with that plan as of the bid submission deadline.

The City has exempted the Bidder from the requirements of the City of Milpitas Wage Theft Procurement Policy.

Signature:

Printed Name:

Title:

Firm Name:

Date:









 





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1.9 Contractor’s Certificate Re garding Workers’ Compensation.

I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name
Title
Dated ______________________________









 





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1.10 Bid Bond
Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies bid.

The makers of this bond are, __________ ___________________________________, as Principal, and __________________________ ____________________________, as Surety and are held and firmly bound unto the City of M ilpitas, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of wh ich sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated ____ _________, 20 ____, for 2025 Annual Sidewalk and Curb & Gutter Project, CIP NO. 3426.

If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

IN WITNESS WHEREOF, the above-bound parties ha ve executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.
(Corporate Seal)
Contractor/Principal

By

Title

(Corporate Seal)
Surety

By

Attorney-in-Fact

(Attach Attorney-in-Fact Certificate) Title









 





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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subs cribed to the within instru ment and acknowledged to me that he/she/they executed the same in his/her/thei r authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.









 





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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thei r authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF BID BOND








 





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-35- 00 52 13 – CONTRACT

00 52 13 – CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by and between City of Milpitas, someti mes hereinafter called “City,” and _______________________________________________, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mu tually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materi als, equipment, tools, utility services, and transportation to complete all of the Work re quired in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

ANNUAL SIDEWALK AND CURB & GUTTER PROJECT, CIP NO. 3426 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 180 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applic able taxes and costs, the sum of ____________________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES.In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. Th is Article does not excl ude recovery of other damages specified in the Contract Documents.
e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form








 





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-36- 00 52 13 – CONTRACT

Iran Contracting Act Certification
Public Works Contractor Registration Certification
Wage Theft Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Caltrans Standard Specifications, except Division 1
Caltrans Standard Plans
Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules an d regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
i. WAGE THEFT PREVENTION.
(a) Contractor, and any subcontractor it employs to complete work under this Contract, 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 CONTRACT, CONTRACTOR AFFIRMS THAT IT HAS

DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO

EXECUTING THIS CONTRACT THAT CONTRACTOR OR ITS SUBCONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER

AFFIRMS THAT IT OR ITS SUBCONTRACTOR (S) HAS EITHER FULLY SATISFIED EACH

JUDGMENT, DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS 







 





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-37- 00 52 13 – CONTRACT

NOT BEEN FULLY SATISFIED, CONTRACTOR AFFIRMS THAT IT OR ITS

SUBCONTRACTOR(S) IS CURRENTLY SATISFY ING SAID JUDGMENT, DECISION OR

ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE APPLICABLE

COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS SUBCONTRACTOR(S)

ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS CONTRACT.
(c) If at any time during the term of this Contract, a court or investigatory government agency issues a final judgment, de cision or order finding that Contractor or a subcontractor it employs to perform work under this Contract has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order beco mes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontracto r(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 Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Contract demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
(d) For purposes of this Section, a "final ju dgment, decision, or order" refers to one for which all appeals have been exhausted or the ti me 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 Contract. Such breach may serve as a basis for immediate termination of this Contract and/or any other remedies available under this Contract 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 Contract and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]









 





38077.00180\29080232.10

-38- 00 52 13 – CONTRACT

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF MILIPITAS
By By:

Deanna J. Santana
City Manager Its:

Printed
Name:

(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

APPROVED AS TO FORM:

By:

City Attorney

END OF CONTRACT









 





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-39- 00 52 13 – CONTRACT

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thei r authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above









 





38077.00180\29080232.10

-40- 00 61 13 – BOND FORMS

00 61 13 – BOND FORMS

1.1 Performance Bond.

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Milpitas, (hereinaft er referred to as “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for ____________________________________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contra ctor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________ , the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of __________________ _________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assi gns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as th erein provided, on its part, to be kept and performed at the time and in the manner therein sp ecified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Document s, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall contin ue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.








 





38077.00180\29080232.10

-41- 00 61 13 – BOND FORMS

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i Take over and complete the Project in a ccordance with all terms and conditions in the Contract Documents; or
ii Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and resp onsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contra ct Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
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