Jurisdiction Milpitas
Reporting
Period 2025
(Jan. 1 - Dec.
31)
Period 6th Cycle 01/31/2023 - 01/31/2031ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation 2 3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in the
Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting
Jurisdiction Milpitas Note: "+" indicates an optional field Reporting
Period 2025
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table must contain an inventory
of ALL surplus/excess lands the reporting
jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT
Reporting
Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning
Period 6th Cycle 01/31/2023 - 01/31/2031
Project Type Date
2 3
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing)Date
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS
ONLY. This table only needs to be completed if there
were student housing projects WITH a density bonus
approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020
Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2025 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
NoDoes the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.
Notes
Table K
Tenant Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
Jurisdiction Milpitas Note: "+" indicates an optional field Reporting
Period 2025
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Size Notes
3 4
APN Street Address/Intersection Date of
Designation
Designation
Level
Historic Site
Period
Areas of
Significance
Parcel Size (in
acres) Notes
Summary Row:
Historical Resources
Parcel Identifier
1 Designation
2 NOTE: This table needs to be completed with any sites within your jurisdiction that were newly added to a National, State, or Local register of historic places within the reporting year. If none, leave blank.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table L
Jurisdiction Milpitas
Reporting Year 2025 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 5
Deed Restricted 0
Non-Deed Restricted 20
Deed Restricted 0
Non-Deed Restricted 8
Deed Restricted 0
Non-Deed Restricted 4
2 39
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 27
Deed Restricted 0
Non-Deed Restricted 4
Deed Restricted 18
Non-Deed Restricted 18
171
238
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 8
Non-Deed Restricted 0
Deed Restricted 18
Non-Deed Restricted 3
Deed Restricted 66
Non-Deed Restricted 23
Deed Restricted 6
Non-Deed Restricted 14
117
255
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Acutely Low
Extremely Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Acutely Low
Extremely Low
Acutely Low
Extremely Low
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. -$
Task Status
HOUSING SUCCESSOR ANNUAL REPORT
April 1, 2026
LOW AND MODERATE INCOME HOUSING ASSET FUND
FOR FISCAL YEAR 2024-25
PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)
FOR THE
MILPITAS HOUSING AUTHORITY
HOUSING SUCCESSOR ANNUAL REPORT TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................. 1 I. AMOUNT DEPOSITED INTO LMIHAF ....................................................................................... 1 II. ENDING BALANCE OF LMIHAF .............................................................................................. 1 III. DESCRIPTION OF EXPENDITURES FROM LMIHAF............................................................. 2 TABLE 1: DESCRIPTION OF LMIHAF EXPENDITURES
IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR ........................... 2 TABLE 2: STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR V. DESCRIPTION OF TRANSFERS.............................................................................................. 2 VI. PROJECT DESCRIPTIONS ..................................................................................................... 2 VII. STATUS OF COMPLIANCE WITH SECTION 33334.16 ........................................................ 2 TABLE 3: SECTION 33334.16 COMPLIANCE
VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS UNDER SECTION 33413. ................. 4 IX. EXTREMELY-LOW INCOME TEST .......................................................................................... 4 X. SENIOR HOUSING TEST ......................................................................................................... 5 TABLE 4: SENIOR HOUSING TEST
XI. EXCESS SURPLUS TEST ....................................................................................................... 5 XII. DESCRIPTION OF OUTSTANDING OBLIGATIONS UNDER SECTION 34176.1(D)(13). ... 6
2025 Housing Successor Annual Report
April 1, 2026
MILPITAS HOUSING AUTHORITY
INTRODUCTION
This Housing Successor Annual Report (“Report”) addresses the requirements of California Health and Safety Code Section 34176.1(f) regarding the Low and Moderate Income Housing Asset Fund (“LMIHAF”). This Report outlines the financial and housing covenant details of the Milpitas Housing Authority (“Housing Successor”) for 2024-25 (the “Fiscal Year”). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (“Dissolution Law”).
This report includes discussion on the deposits to, ending balance of, and expenditures from the LMIHAF. A description of the Housing Successor’s assets, and any transfers of assets to other housing successor agencies are addressed as well. The report also discusses the Housing Successor’s current projects, acquisitions of any real property since February 1, 2012, or any outstanding obligations. Finally, as required by law, three separate tests are discussed – the income test, senior housing test, and excess surplus test.
The following Report is based upon information prepared by Housing Successor staff and conforms with Sections 1 through 13, of Section 34176.1(f) of the Dissolution Law.
In addition this Report and the former redevelopment agency’s pre-dissolution Implementation Plans are to be made available to the public on the City’s website. (http://www.milpitas.gov)
I. AMOUNT DEPOSITED INTO LMIHAF
This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (“ROPS”) must be distinguished from the other amounts deposited.
Revenues (amount deposit to the LMIHAF):
Loan repayments $15,205 Rental/lease income $82,753 Interest income $923,261 Total: $1,021,219
A total of $1,021,219 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $0 was held for items listed on the ROPS.
II. ENDING BALANCE OF LMIHAF
This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.
At the close of the Fiscal Year, the ending balance in the LMIHAF was $41,534,342, of which $0 is held for items listed on the ROPS.
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April 1, 2026
MILPITAS HOUSING AUTHORITY
III. DESCRIPTION OF EXPENDITURES FROM LMIHAF
This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized. There was a total of $290,385 expended from the LMIHAF, divided into the following categories:
TABLE 1: DESCRIPTION OF LMIHAF EXPENDITURES
Description of Expenditures Total Expenditures
Maintenance, Monitoring and Administration Expenditures $282,945 Homeless Prevention and Rapid Rehousing Services Expenditures $7,440 Housing Development Expenditures (Total of Next Three Lines) $0 Expenditures on Low Income Units $0
Expenditures on Very Low Income Units $0
Expenditures on Extremely Low Income Units $0
Total LMIHAF Expenditures in Fiscal Year $290,385
IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR
This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.
TABLE 2: STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR Asset Type Statutory Value of Assets
Loans Receivable $36,686,320
Land held for resale $1,800,000
Total Value of Real Property and Loans Receivable $38,486,320
V. DESCRIPTION OF TRANSFERS
This section describes transfers, if any, to another housing successor agency made in previous fiscal year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.
The Housing Successor did not make any LMIHAF transfers to other housing successor(s) under Section 34176.1(c)(2) during the Fiscal Year.
VI. PROJECT DESCRIPTIONS
This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.
The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS during the Fiscal Year.
VII. STATUS OF COMPLIANCE WITH SECTION 33334.16
This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012.
2025 Housing Successor Annual Report
April 1, 2026
MILPITAS HOUSING AUTHORITY
For interests in real property acquired on or after February 1, 2012, provide a status update on the project.
With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time period described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF (August 31, 2012); thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date of the DOF approved such property as a housing asset.
The following provides a status update on the real property or properties housing asset(s) that were acquired prior to February 1, 2012 and compliance with five-year period:
TABLE 3: SECTION 33334.16 COMPLIANCE
Address of Property Date of
Acquisition
Deadline to
Initiate
Development
Activity
Status of Housing Successor
Activity
1504, 1556, 1620 S. Main
St.
(APN 086-22-
027,028,033,034,041,042)
11/1/2009 8/31/2022 The Milpitas Housing Authority and
South Main Senior Lifestyles, LLC
entered into a disposition and
development agreement on August
18, 2009 for the Senior Lifestyles
Development with 48 extremely-low
income units in phase I and 2
combined. On April 11, 2018, the
Milpitas Housing Authority grant and
conveyed to Milpitas Phase I, LP,
the real property of phase one which
includes the historic APNs 086-22-
033,034,041,042.
1432-1446 S. Main St.
(APN 083-41-001)
2/28/2011 8/31/2022 The Milpitas Housing Authority was
required to either initiate activity on
Parcel 1 that are consistent with the
development of the property for
affordable housing prior to August
31, 2022, or sell the parcel and
deposit the sales proceeds in the
Low and Moderate Income Housing
Asset Fund (LMIHAF) to be used for
future development of affordable
housing elsewhere in the City.
Parcels 2 and 3 are not subject to
the same timeframe, but the City’s
General Plan calls for high density
housing over the long term. Since
December 2021, a Phase II
environmental site assessment,
asbestos and led-based paint
analysis, and an appraisal have
been completed, and the services of
2025 Housing Successor Annual Report
April 1, 2026
MILPITAS HOUSING AUTHORITY
a broker have been obtained to help
prepare Parcel 1 for sale.
Additionally, the City is working
towards the launch of an RFP that
would result in either the sale of the
parcel or the development of
affordable housing.
254 Parc Place Dr.
(APN 086-54-052)
1/27/2011 8/31/2022 Sold to a low-income homebuyer in
January 2023.
600 S. Abel St. #208
(APN 086-61-177)
5/24/2011 8/31/2022 Sold to a moderate-income
homebuyer in December 2022.
Health and Safety Code Section 33334.16 required former redevelopment agencies to initiate activities, such as zone changes or disposition and development agreements within five years of acquiring a property.
The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012.
The Housing Successor did not acquire property on or after February 1, 2012.
VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS UNDER SECTION 33413.
This section describes the outstanding inclusionary housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor plans to meet unmet obligations, if any.
The housing successor does not have any obligations to fulfill under Section 33413.
IX. EXTREMELY-LOW INCOME TEST
Section 34176.1(a)(3)(A) requires that the Housing Successor must require at least 30% of the LMIHAF (excluding funds used for maintenance, monitoring and administrative expenses, and homeless prevention/rapid rehousing services) to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income (ELI) requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds expended from the LMIHAF in each subsequent fiscal year be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement.
2025 Housing Successor Annual Report
April 1, 2026
MILPITAS HOUSING AUTHORITY
In fiscal year 2024/2025 the City satisfied the Extremely-Low Income test as no funds were expended for the development of rental housing from 2019/2020 to 2023/2024. In 2022/2023 it was reported that $10,000 in expenditures were for housing development.
Upon further review, those funds were expended for appraisal services which should have been categorized as administrative services.
The next five-year Extremely Low-Income test will be required in the Annual Report for fiscal year 2029/2030.
X. SENIOR HOUSING TEST
This section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former Redevelopment Agency, and the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and the City within the same time period. For this Report the ten-year period reviewed is January 1, 2016 to January 1, 2026.
If the percentage of assisted senior rental housing is more than 50 percent of the total of all assisted rental housing, no additional senior rental housing can be assisted until the percentage falls to 50 percent or less.
TABLE 4: SENIOR HOUSING TEST
Unit Category # of Units
Assisted Senior Rental Units 10
Total Assisted Rental Units 566
Senior Housing Test (%) 1.77%
XI. EXCESS SURPLUS TEST
Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater. The housing successor is required to encumber the excess surplus amount or transfer that amount to another jurisdiction as provided in Health and Safety Code Section 34176.1(c)(2) within three fiscal years. If not, the excess surplus amount must be transferred to HCD to use pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.
2025 Housing Successor Annual Report
April 1, 2026
MILPITAS HOUSING AUTHORITY
The following provides the Excess Surplus test for the 2024/2025 fiscal year:
Test for fiscal year ending
June 30, 2025
Opening fund balance of prior
year $40,818,714
Less: Unavailable Funds:
Loans Receivable ($36,686,320)
Land Held for Resale ($1,800,000)
Unencumbered Fund Balance $2,332,394
Limitation (greater of $1,000,000 or four years deposits).
Aggregate amount deposited for the last four years:
2023-2024 $964,610
2022-2023 $924,484
2021-2022 $508,420
2020-2021 $712,551
Total Amount Deposited $3,110,065
Excess Surplus None
This analysis indicates there is no excess surplus as of 6/30/2024.
XII. DESCRIPTION OF OUTSTANDING OBLIGATIONS UNDER SECTION 34176.1(D)(13).
This section provides an inventory of homeownership units assisted by the former Redevelopment agency or the Housing Successor that are subject to covenants or restrictions of to an adopted program that protects the former Redevelopment Agency’s investment of moneys from the Low- and Moderate-Income Housing Fund pursuant to subdivision (f) of Section 33334.3.
This inventory shall include all the following information:
(A) Number of those units:
The number of homeownership units assisted by the former Redevelopment agency is 189.
(B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses:
There are no losses of inventory to report from February 1, 2012 to FY 2025/2026.
2025 Housing Successor Annual Report
April 1, 2026
MILPITAS HOUSING AUTHORITY
(C) Any funds returned to the Housing Successor as part of an adopted program that protects the former Redevelopment agency’s investment of moneys from the Low- and Moderate-Income Housing Fund:
$15,205 was returned to the Housing Successor.
(D) Whether the Housing Successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity:
The Housing Successor contracts with HouseKeys for its Below Market Rate Ownership portfolio, which includes former Redevelopment properties.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive the 2025 General Plan Annual Progress Report and Authorize Submittal of the Report to the California Department of Housing and Community Development and Governor’s Office of Land Use and Climate Innovation (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Category: Consent Calendar-Community Development
Meeting Date: 3/17/2026
Recommendation: Receive the 2025 General Plan Annual Progress Report and authorize the submittal of the report to the California Department of Housing and Community Development and Governor’s Office of Land Use and Climate Innovation.
BACKGROUND:
California Government Code Section 65400 mandates that all cities and counties submit an annual report on the status and progress on implementation of their General Plan, including the Housing Element, to their legislative bodies, the Governor’s Office of Land Use and Climate Innovation (LCI), and Housing and Community Development (HCD) by April 1 of each year. The intent of this statute is to ensure the General Plan directs land use decisions and remains an effective guide for the long-term physical development of a community. It also provides local jurisdictions with a tool to assess its effectiveness in implementing its General Plan.
Staff requests the City Council receive the 2025 General Plan Annual Progress Report (Attachment A) and authorize the submittal of the report to LCI and HCD.
ANALYSIS:
The following information provides a brief summary of the 2040 General Plan and the City’s General Plan implementation highlights for calendar year 2025.
2040 General Plan
City Council adopted the 2040 General Plan on March 9, 2021. The 2040 General Plan, which establishes a new planning horizon of 2040, provides updated goals, policies, and implementation actions and addresses new planning issues such as air quality and energy, community design, and economic and fiscal sustainability.
Future development projects consistent with the General Plan Update will be eligible for California Environmental Quality Act (CEQA) streamlining through the Programmatic Environmental Impact Report (EIR).
The General Plan Update also includes a detailed implementation plan, which provides the responsible department, priority, and timing for all implementation actions. The City will review implementation of the General Plan on an annual basis, amend the General Plan as necessary, and update the City’s Zoning Ordinance and planning documents to ensure consistency with the General Plan.
The 2025 General Plan Annual Progress Report (APR) highlights the City’s progress toward implementation of the 2040 General Plan.
General Plan Implementation Highlights
The 2025 General Plan APR (Attachment A) provides the General Plan implementation highlights by element.
The City’s key efforts to implement the goals and policies of the General Plan include but are not limited to comprehensive master plan updates and capital improvement projects.
The City completed, initiated, or continued updates to the following policies and comprehensive master plans:
• Comprehensive Zoning Ordinance Update – Completed
• Gateway/Main St. Specific Plan (formerly the Midtown Specific Plan) – Completed • Housing Opportunity Districts – Completed
• Innovation District Parks and Trails Master Plan – In Progress • Main Street Sense of Place Plan – In Progress
In the next year, the City anticipates initiating an update to the Community Health and Wellness Element, Parks, Recreation and Open Space Element, and the Safety Element.
The City also designed or constructed capital improvements to transportation infrastructure, public utility systems, and public facilities. Please refer to the 2025 General Plan APR (Attachment A) for a detailed description of each implementation activity.
Policy Alternative:
Alternative 1: Do not authorize the submittal of the General Plan APR to LCI and HCD .
Pros: None.
Cons: The City would not be in compliance with Government Code Section 65400, which mandates all cities to submit an annual report on the status and progress on implementation of their General Plan to LCI and HCD each year.
Reasons not recommended: The General Plan APR assists LCI in identifying statewide trends in land use decision-making and informs modifications to LCI’s General Plan Guidelines. Failure to submit the General Plan APR to LCI would limit LCI’s ability to consider local planning and development activities in refining statewide planning goals and policies.
FISCAL IMPACT:
Preparation of the General Plan Annual Progress Report and submittal of the report to LCI and HCD will result in no fiscal impact to the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is a continuing administrative or maintenance activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378.
ATTACHMENT(S):
(a) 2025 General Plan Annual Progress Report
age 1 of 12
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov
Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration
MEMORANDUM
Planning Department
DATE: April 1, 2026
TO: Governor’s Office of Planning and Research
THROUGH: Jared Hernandez, Acting City Manager
FROM: Lillian VanHua, Principal Planner
SUBJECT: 2025 General Plan Annual Progress Report
Background
The City of Milpitas completed a comprehensive update of its General Plan, which was adopted by the Milpitas City Council on February 23, 2021. The General Plan Update, which establishes a new planning horizon of 2040, provides updated goals, policies, and implementation actions and addresses new planning issues such as air quality and energy, community design, and economic and fiscal sustainability.
Future development projects consistent with the General Plan Update will be eligible for CEQA streamlining through the Programmatic EIR. The General Plan Update also includes a detailed implementation plan, which provides the responsible department, priority, and timing for all implementation actions. The City will review implementation of the General Plan on an annual basis, amend the General Plan as necessary, and update the City’s Zoning Ordinance and planning documents to ensure consistency with the General Plan.
Government Code Section 65400 mandates that all cities and counties submit an annual report on the status of the General Plan and progress in its implementation to their legislative bodies, the Governor’s Office of Planning and Research (OPR), and the Housing and Community Development (HCD) by April 1 of each year.
The intent of this statute is to ensure that the General Plan directs land use decisions and remains an effective guide for the long-term physical development of a community. It also provides local jurisdictions a tool to assess their effectiveness in implementing the Plan’s long-term vision.
This report highlights the City’s progress toward implementation of the 2040 General Plan. On March 17, 2026, staff shared this report with the City Council, which authorized the submittal of the report to HCD.
Revisions to the General Plan since March 9, 2021
GP Amendment # Date Description Resolution No.
GP25-0002 10/28/2025 Amend the Land Use Element Map to
include certain parcels in the Milpitas
Gateway-Main Street Specific Plan
area and change the land use
designation to MGSP (Milpitas
Gateway-Main Street Specific Plan)
9453
GP25-0001 8/12/2025 Amend Table 1 in the Land Use
Element to (1) remove R5 as an
implementing zone for the Very High
Density Mixed Use (VHDMU)
designation, since the R5 zone will be
replaced with other zones through the
zoning ordinance update and will be
9445
MEMORANDUM
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov
Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration Planning Department
eliminated from the code; and (2)
change the implementing zone for the
Mobile Home Park (MHP) land use
designation to MHP – Mobile Home
Park Zone, since the existing Mobile
Home Park Combining District
Overlay will be replaced with a new
Mobile Home Park (MHP) base zone
as part of the zoning ordinance
update. The minor text amendment to
the Land Use Element of the General
Plan is needed to ensure consistency
between the General Plan and the
updated Zoning Ordinance
GP24-0001 4/15/2025 Amend the Land Use Element Text to
change the description of the Town
Center (TWC) and Neighborhood
Commercial Mixed-Use (NCMU) and
Land Use Policy (LU 6-1) and amend
the Land Use Map designations of
certain parcels
9404
GP24-0002 6/3/2024 Amend Land Use Element Text and
Land Use Map to achieve consistency
between the Milpitas 2040 General
Plan, Zoning Ordinance, and Zoning
Map
(GP Amendments adopted
concurrently with Phase 1 Zoning
Update)
9332
GP22-0001 11/7/2023 Remove language in Land Use
Element related to California Circle
Specific Plan. This includes amending
the Neighborhood Commercial Mixed-
Use (NCMU) designation (pg. LU-6),
the “California Circle Specific Plan
Overlay” statement (pg. LU-8) and
removing Action LU-2b (pg. LU-17).
9282
GP23-0002 6/6/2023 Amend Land Use Map designations of
168 parcels for consistency with the
new boundaries of Metro Specific
Plan and the proposed boundaries of
the draft Gateway-Main Street
Specific Plan
9258
GP23-0001 1/24/2023 Adopt 2023-2031 Housing Element
(6th cycle)
9214
General Plan Guidelines Compliance
MEMORANDUM
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov
Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration Planning Department
Pursuant to Government Code Section 65400(2)(F), the General Plan mostly complies with the Governor’s Office of Land Use and Complete Innovation (LCI)’s latest General Plan Guidelines, with the exceptions of the Environmental Justice Element (SB 1000), Safety Element (AB 1409), and the Open Space Element (SB 1425). To address this, the City hired a consultant to revise the Community Health and Wellness chapter to include the Environmental Justice Element and a draft was prepared in 2024. However, in light of the additional General Plan updates required under Government Code Sections 65565.5 and 65302.15, the City will be hiring another consultant to update its Open Space Element and the Safety Element in 2026. The City anticipates adopting all three element changes in 2027. Moreover, the City is in compliance with its obligations to consult the California Native American tribes for every proposed amendment to the General Plan, as well as new development proposals, pursuant to SB 18 and AB 52 (Policy CON 4-4).
Implementation Highlights by General Plan Element
Below is the City’s annual progress toward implementation of the previous General Plan by element.
Land Use Element
• Gateway-Main Street Specific Plan: The City adopted the Gateway-Main Street Specific Plan on October 28, 2025 and completed the update to the Midtown Specific Plan, which was originally adopted by the City Council in March 2002 and last amended in November 2010. The Midtown Specific Plan was renamed the “Milpitas Gateway/Main St. Specific Plan” (Gateway Plan) to reflect new boundaries and a new strategic focus on key redevelopment areas. The Gateway Plan area, which contains the original commercial and industrial core of the City, has undergone significant changes related to its growing role as a housing and employment center. Development activity over the past several years has included approval or construction of 1,200 multi-family residential units, reinvestment and upgrades to the Great Mall, and extension of VTA’s Tasman East Light Rail Transit (LRT) line. However, several vacant and underutilized sites remain within the Gateway Plan area and there is significant potential for development and redevelopment. The Gateway Plan provides policies and guidelines and identify improvements to streetscapes, infrastructure, and public open spaces to facilitate this area’s transition into an attractive and economically vital district with a compatible mixture of residential, retail, office, and service-oriented commercial uses served by a viable multi-model transportation network. Policy LU 2-1 and Action LU-2a
• Main Street Sense of Place Plan: Following the preparation of the Gateway-Main Street Specific Plan and adoption, the City kicked off the Main Street Sense of Place Plan in 2025. It will serve as a streetscape plan for the Gateway-Main Street Specific Plan and added as a new chapter when it is adopted in 2026. The Plan will identify needed streetscape and transportation improvements along Main Street, create a Basic Infrastructure Plan (BIP) that details each type of improvement and assigns a priority, and establish a plan-specific development impact fee to fund the improvements included in the BIP. The goal of the project is to revitalize and transform Main Street into a complete neighborhood with infrastructure and amenities to support high-density, mixed-use development along the corridor.
Policies LU 4-1 and 4-2
• Comprehensive Zoning Ordinance Update: The City’s Zoning Ordinance is one of the primary implementation tools for the Land Use Element goals and policies. A Zoning Map, consistent with the General Plan Land Use Map, is also part of the Zoning Ordinance. Together, the Zoning Ordinance and Zoning Map are used to identify the specific types of use, intensity, and development standards applicable to given parcels or areas of land. However, the Zoning Ordinance was originally adopted in 1955 and last updated in 2008. Therefore, the City initiated the Comprehensive Zoning Ordinance Update in early 2023 to modernize the Zoning Ordinance, ensure consistency with the recently adopted
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2040 General Plan, and implement land use changes from the City’s specific plan updates. Phase 1 focused on creating new zoning districts, including the new Business Park Research and Development (BPRD) and Metro Specific Plan zones. The City Council adopted Phase 1 on June 18, 2024. The Phase 2 public draft was released in December 2024. Phase 2 built upon the foundation, focused on reorganizing, modernizing, and improving the clarity and accessibility of the entire Zoning Ordinance.
The City adopted Phase 2 of the Comprehensive Zoning Ordinance Update on September 2, 2025.
Policies LU 5-1, 5-2, 5-3, 5-4, 5-5, 5-6, and 5-7 and Actions LU-1d, LU-5a, LU-5b, and LU-5c
Circulation Element
• Trail, Pedestrian, and Bicycle Master Plan: The City adopted the Trail, Pedestrian, and Bicycle Master Plan, which is an update of the Trails and Bikeway Master Plans, on May 17, 2022. The Trails and Bikeway Master Plans were originally adopted by City Council in June 1997 and June 2009 respectively. The Trail, Pedestrian, and Bicycle Master Plan identifies gaps in the trail, pedestrian, and bicycle networks and provides recommendations to expand existing networks, increase safety and accessibility for all users, support economic development, and enhance the quality of life for area residents. The Trail, Pedestrian, and Bicycle Master Plan also evaluates bicycle/scooter share programs, identifies priorities, and recommends improvements. The City continues to implement the Master Plan through its Capital Improvement Program and requiring public improvements as part of the development review process. Policies CIR 2-1, 4-1, 4-2, 4-3, 4-4, 4-5, 4-6, 4-7, 4-8, 4-9, and 4-10 and Actions CIR-4a, CIR-4b, CIR-4c, CIR-4g, CIR-4h, and CIR-4i • Development Review and Traffic Impact Fees: As part of its development review process, the City requires private development projects to implement traffic mitigation measures to address potential impacts and deficiencies created by the project and identified in the transportation impact analysis.
Required mitigation measures include improvements to transportation infrastructure and transportation demand management (TDM) programs. Additionally, the City collects both citywide and area-specific traffic impact fees to fund and construct transportation improvements. Furthermore, the VTA serves as the Congestion Management Agency for Santa Clara County and maintains the County’s Congestion Management Program (CMP), which includes several intersections within Milpitas. Although traffic congestion is no longer considered a potentially significant impact under the California Environmental Quality Act (CEQA) in accordance with Senate Bill (S.B.) 743, the City will continue to utilize level-of- service (LOS) analysis to address local traffic congestion while transitioning to vehicle miles traveled (VMT) as the new metric for assessing transportation impacts under CEQA. Policies CIR 1-9, 1-10, and 1-11 and Actions CIR-1l, CIR-1m, CIR-1n, CIR-1o, CIR-4k, CIR-4l, and CIR-7b • Citywide VMT Policy: The City adopted a citywide VMT policy to implement Senate Bill 743 and establish the methodology for analyzing transportation impacts under CEQA. The policy facilitates the buildout of the General Plan and supports new development in suitable areas near transit and mixed- use neighborhoods. City staff continues to implement the new policy through the development review process. Over time, the policy will help the City move away from auto-dependency and prioritize multimodal improvements to create a balanced and accessible transportation network that meets the needs of all users. Policies CIR 1-2 and 1-8 and Action CIR-1c • Capital Improvement Program (CIP): Consistent with the Circulation Element goals and policies, the City also made significant investment in transportation infrastructure and safety improvements through its CIP, which is updated every year. The significant transportation-related projects are discussed below.
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o Enhanced Crosswalk Striping & Beacons: This project provides high visibility crosswalk striping and pedestrian actuated flashing beacons to facilitate safer pedestrian crossings at high vehicle and pedestrian volume intersections along school and bike routes and in residential areas. 16 beacons were installed at various locations throughout the City in 2021 and a Citywide Traffic Safety Assessment to identify future locations was completed in 2023. Some of these improvements are bundled into the yearly Street Resurfacing project. o Traffic Studies and Safety Improvements: The City Council adopted the Citywide Traffic Safety Plan in January 2024. This project provides citywide traffic studies, safety and minor traffic improvements as described in the Citywide Traffic Safety Plan and from community service requests. This ongoing project includes traffic signal, pedestrian, and roadway improvements.
Pedestrian improvements consist of bulb-outs, fencing, guardrails, intersection and crosswalk striping, and flashing beacons. Roadway improvements include advanced stop bars, green bike and buffer lanes, high-friction pavement treatments, lighting, radar feedback signs, retroreflective signage, rumble strips, and striping and marking. The City hired a consultant to conduct speed surveys along the City’s 96 roadway segments in order to recertify the speed limits. These recertifications will allow the Police Department to enforce speed limits throughout the city. Other studies are being conducted to identify how the City can improve safety and traffic congestion at various locations throughout the City. Some of the locations that have been identified are Escuela Parkway, N. Abbott Avenue and McCandless Drive. There are currently two active traffic studies; one is a traffic congestion study on Escuela Pkwy and the other is a traffic safety evaluation on N. Abbott Avenue and McCandless Drive. On Escuela Pkwy, City staff has identified near, mid- and long-term mitigations and continues to work with MPD and MUSD to implement traffic congestion improvements. On N. Abbott Avenue and McCandless Drive, the consultant finished their initial analysis and will provide the City with preliminary recommendations in 2026.
o Street Resurfacing Program: This annual program provides roadway pavement repair, rehabilitation, and/or reconstruction. The program includes replacement and upgrade of curb, gutter, driveway, and sidewalk. The program also includes implementation of bike facilities as described in the City’s Trail, Pedestrian, and Bicycle Master Plan. The City completed the resurfacing of the following streets: E. Calaveras Blvd. from I-680 to Evans Road, excluding the portion of the road that was improved by the Milpitas Unified School District Innovation Campus project, North Park Victoria from Jacklin Road to East Calaveras Blvd., North and south side streets adjacent to Mt. Shasta Ave. including Courtland Court and Avenue, Jungfrau Court, Bee Court, Matterhorn Court, Big Bear Court, and Chewpon Avenue., South Temple Drive from East Calaveras Boulevard to Wylie Drive; Beacon Drive, Canton Drive from Roswell Drive and Bixby Drive, Lawton Drive, and Roswell Drive from Canton Drive to end of cul-de-sac; and Sepulveda Court. The pathway on Strickroth Park was also resurfaced as part of this project. o ADA Curb Ramp Transition Program: This annual program involves citywide replacement or upgrade of existing curb ramps to current standard Americans with Disabilities Act (ADA) compliant ramps. The program also includes construction of segments of new sidewalk to close gaps and allow the City to be eligible for future Federal transportation aid funds. Some of these improvements are bundled into the yearly Street Resurfacing project. o S. Milpitas Blvd. Vehicle Bridge at Penitencia Creek: Design of the project and the associated CEQA analysis is complete and construction is anticipated to start in 2026. The project will provide a vehicular bridge over Penitencia Creek at the end of the new S. Milpitas Blvd.
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Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration Planning Department
Extension. The vehicular bridge is part of the TASP circulation infrastructure improvement to provide safe and convenient pedestrian connectivity within the TASP area. o Montague Pedestrian Overcrossings: These projects will provide a pedestrian overcrossing over Montague Expressway at Piper Drive and the east levee of Penitencia Creek. The overcrossing at Piper Drive is complete. The design and associated CEQA analysis for the overcrossing at the east levee is complete and construction is anticipated to start between 2027 and 2029.
These projects are part of the TASP circulation infrastructure improvements to provide safe and convenient pedestrian connectivity within the TASP area.
Policies CIR 1-8, 2-1, and 2-2 and Actions CIR-7c
Community Design
• Residential and Mixed-Use Objective Design Standards: On November 1, 2022, the City adopted the Milpitas Residential and Mixed-Use Objective Design Standards (MODS), which provides clear and implementable design criteria for all new residential and mixed-use developments throughout the City.
The Objective Design Standards streamlines housing approvals, complies with recent State legislation requiring objective and quantifiable design guidelines, and ensures that new residential development protects and improves the character of existing neighborhoods. City staff continues to implement the MODS through the development review process. Policies CD 1-1, 1-2, 1-6, 2-1, 2-2, 2-4, 2-5, 2-7, 3-3, 3-5, 3-8, 3-9, 3-10. 5-1, 5-2, 5-3, 5-4, 5-5, and 5-8 and Actions CD-2b, CD-2c, CD-2d, CD-5a, and CD-5b
• Hillside Ordinance: The City’s Hillside Ordinance established the Hillside Combining District (Municipal Code Section XI-10-45.09), which promotes and encourages the orderly development of the hillside area of the City. The Hillside Ordinance provides regulations to ensure that development is in keeping with the natural character of the hillside, minimize grading of and alterations to hillsides, and address constraints associated with hillside development including geologic issues, slopes, access, and visibility. New developments in the Hillside Combining District are subject to these regulations and require review by the Planning Commission and approval by the City Council for compliance with the Hillside Site and Architectural Guidelines. Policies CD 7-1, 7-2, 7-3, 7-4, 7-5, and 7-6 and Action CD- 7a
• Development Review: As part of the development review process, City staff reviews new development projects to ensure that new developments include excellent project design, high-quality architecture, public improvements to reinforce a sense of place, and preserve and enhance the community character. The City also requires private development projects to either install public art component that meets the requirements of Municipal Code Section XI-10-14 and is approved by the Arts Commission or pay an in-lieu fee to fund public art improvements throughout Milpitas. Policies CD 1-1, 1-2, 1-6, 2-1, 2-2, 2-4, 2-5, 2-7, 3-3, 3-5, 3-8, 3-9, 3-10. 5-1, 5-2, 5-3, 5-4, 5-5, and 5-8 and Actions CD-2b, CD-2c, CD-2d, CD-5a, and CD-5b
Economic Development
• Economic Development Strategy: In May 2020, the City adopted a new Economic Development Strategy (EDS) that will guide the City’s efforts over the next five years to grow the local economy and foster local economic health, diversity, and vibrancy. The City completed an Innovation District Action Plan, which provides specific actions to implement policies in the EDS related to the creation of an Innovation District. City staff also included tasks in the Gateway/Main St. Specific Plan scope of work to
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Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration Planning Department
implement several EDS policies including a retail audit of the zoning code, retail strategies memo, property-based business improvement district, strategic property acquisition revenue fund, and economic/scenario feasibility testing. Policies ED 1-1, 3-2, 3-3, and 4-2 and Actions ED-1c, ED-1d, ED-1j, ED-2a, ED-2c, ED-3c, ED-3f, ED-3h, and ED3i
• Build Business by Symbium: In June 2022, the City implemented Build Business by Symbium, which is a geographic information system (GIS) software program that allows the public to quickly and accurately determine where each type of business is allowed in Milpitas, if a business is allowed at a specific location, and what types of permits are required. Build Business improves customer service, staff efficiency, and streamlines the permitting process to facilitate business retention, relocation, and attraction. Policies ED 1-5 and Actions ED-1l and ED-1m
Conservation & Sustainability Element
• Climate Action Plan (CAP) Update: In compliance with Assembly Bill (A.B.) 32 and S.B. 375, on August 9, 2022, the City adopted an update to its CAP with new programs to meet the State’s new mid- and long-term statewide emissions targets (40 percent reduction below 1990 levels by 2030 and 80 percent reduction below 1990 levels by 2050). The CAP is designed to streamline environmental review of future development projects in the City, consistent with CEQA Guidelines Section 15183.5(b). The CAP identifies an overall strategy, baseline emissions and forecasts, reduction measures, and implementation strategies to achieve the State-recommended greenhouse gas (GHG) emissions reduction targets. Policies CON 1-3, 1-6, 1-7, 1-8, 1-10, 1-11, 1-13, and 7-13 and Actions CON-1a, CON-1g, and CON-1h
• Cultural & Historic Preservation: The City continues to carry out its Cultural Resources Preservation Program as outlined in Chapter 4, Title XI of the Milpitas Municipal Code to identify and protect existing cultural and historic resources. City staff reviews requests to alter or demolish an existing cultural or historic resource for compliance with local, state, and federal historic preservation standards and forwards applications to the Parks, Recreation and Cultural Resources Commission for a decision on whether the request meets the intent of the Cultural Resources Preservation Program. Additionally, projects subject to CEQA are analyzed for archaeological and paleontological impacts and mitigation measures are required as necessary. Policies CON 4-1, 4-2, 4-3, 4-4, and 5-1 and Actions CON-4a and CON-4b
• Energy Use: On January 17, 2023, the City adopted the 2022 California Energy Code and the 2022 California Green Building Standards Code pertaining to the all-electric requirement for newly constructed buildings, and electric vehicle (EV) chagrining for new residential and non-residential construction. These local amendments, referred to as reach codes, exceed the requirements in the 2022 state codes. As part of its development review process, the City requires new buildings to comply with these requirements and offers expedited building permit processing for residential projects achieving Build It Green’s GreenPoint Rated standard and for commercial and industrial projects achieving the Leadership in Energy and Environmental Design (LEED) Silver rating. Furthermore, in 2017, the City joined Silicon Valley Clean Energy (SVCE), which is a community-owned agency serving Santa Clara County communities by acquiring and offering clean, carbon-free electricity. Policy CON 1- 1, 1-2, and 1-3 and Actions CON-1e and CON-1f
Utilities & Community Services
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• Public Facilities and Utilities: The City maintains its public facilities and utilities to ensure that vital public services are available to its citizens. As part of its development review process, the City confirms that the development will be adequately served by public facilities and utilities by requiring public improvements when necessary and collecting development impact fees to defray all or a portion of the cost of public facilities and improvements necessary to serve the new development. A detailed discussion of the various public facilities and utilities is provided below. Several relevant topics including fire safety, parks and recreation, and stormwater are discussed in the implementation highlights for other General Plan elements, which provide more detailed policies regarding these topics. o Water Services: The City’s Urban Water Management Plan (UWMP) provides a framework for long term water planning to ensure adequate water supplies through the year 2040 and establishes a water use target that aids in meeting the State’s goal of reducing water use by 20 percent by 2020. On August 9, 2022, the City adopted an update to its Water Master Plan, which will guide the City’s decisions on water infrastructure investments over the next 20 years and incorporate the water needs associated with the TASP and Midtown Specific Plan updates.
Following a Water Supply Augmentation Feasibility Report completed in 2015, the City has concentrated its CIP efforts in utilizing groundwater wells, expanding the existing recycled water supply delivery and treatment infrastructure, and continued conservation efforts. o Wastewater: On August 9, 2022, the City adopted an update to its Sewer Master Plan, which includes a summary of the City’s wastewater collection system, flow projections, an analysis of the system’s capacity, and a summary of the capacity improvements that are needed. The update also incorporates the sewer needs associated with the TASP and Midtown Specific Plan updates. The City’s Sewer System Management Plan (SSMP) provides a plan to properly operate and maintain the sanitary sewer collection system. The SSMP aims to prevent sewer outflow, provide adequate capacity to convey peak flows. The City experiences very few sewer system overflows and the required system improvements have been incorporated into the CIP. o Police Protection: The City contains one police station with a Communications Center that coordinates information from 9-1-1 callers to responders in the field. The average response time in 2025 was 3 minutes and 19 seconds, which is slightly over the City’s response goal of 3 minute or less. The adequacy of police services is also evaluated for any projects subject to CEQA.
o Schools: Mabel Mattos Elementary School opened its doors to K-4 students with the start of the new school year in August 2018. With the completion of Phases II and III in 2021 and 2022 respectively, the school now serves grades K-6 and accommodates up to approximately 700 students.
Policies UCS 1-1, 1-4, 2-1, 2-3, 2-5, 2-6, 2-7, 3-1, 3-2, 8-1, and 8-15 and Actions UCS-1a, UCS-2a, UCS-c, and UCS-3a
• Stormwater & Drainage: The City participates in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The SCVURPPP and member agencies implement programs aimed at reducing pollutants in stormwater runoff and protecting water quality of the San Francisco Bay and Santa Clara Valley creeks and rivers. The City also requires post-construction stormwater controls on development projects as part of its obligations under Provision C.3 of the Bay Area Municipal Regional Stormwater Permit (MRP). Furthermore, the City’s Storm Drain Master Plan identifies the capital improvements needed to maintain recommended levels of protection against stormwater runoff, which have been incorporated into the CIP. Policies UCS-4-1, 4-2, 4-3, 4-4, 4-5, 4-6, and 4-14 and Actions UCS-4a, UCS-4b, UCS-4c, UCS-4e, and UCS-4f
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• Urban Growth Boundary: The City passed Measure I in November 2016 to continue the City’s urban growth boundary established by Measure Z in 1998, which was set to expire in 2018. The urban growth boundary, which limits development in Milpitas to the valley floor and the base of the foothills by prohibiting the City from providing services to new land use developments in the hillside area, will now continue through December 31, 2038. The City’s Urban Service Area boundary established by the Santa Clara County Local Agency Formation Commission (LAFCO) is coterminous with the City’s urban growth boundary. Policy UCS 1-6
Safety Element
• Development Review Process: One of the ways the City strives to minimize risk from geologic, fire, and flood hazards is through its development review process as discussed below. o Seismic and Geologic Hazards: The City requires development projects in hillsides or fault zones to submit a geotechnical report, reviews the findings of the report, and conditions projects to adhere to the report’s recommendations. Projects subject to CEQA are also analyzed for potential geotechnical impacts and mitigation measures are required as necessary. o Fire Hazards: The Milpitas Fire Department reviews and inspects projects during the development review process to ensure that all new developments comply with the Uniform Fire Code and other local fire safety regulations.
o Flood Management: The City coordinates with the Santa Clara Valley Water District while reviewing development projects to ensure that buildings and structures are located, designed, and constructed in a manner that minimizes flood risks and complies with the City’s floodplain management regulations, which provide standards for any construction or other development within any area of special flood hazard.
Policies SA 1-1, 1-2, 1-4, 1-5, 1-6, 1-7, 1-8, 2-3, 2-4, and 2-5 and Actions SA-1a, SA-1b, SA-1d, SA- 1e, SA-2a, and SA-2c
• Fire Safety: The Fire Department operates four fire stations within its service area. The average response time in 2025 was 5 minutes, 59 seconds, which is over the City’s response goal of 4 minutes.
The City maintains its fire stations through regularly scheduled minor improvements. The Fire Department also performs routine fire inspections of existing buildings, structures, and properties in the City with the exception of single and multi-family dwellings in which the owner of the property resides.
Policy SA 4-9 and Actions SA-3d, SA-3e, SA-4b, and SA-4c • Emergency Preparedness: The Milpitas Fire Department Office of Emergency Services (OES) coordinates the City’s preparedness efforts to mitigate against, plan for, respond to, and recover from natural disasters. The OES maintains the City’s Emergency Operations Plan (EOP), which provides a blueprint for emergency management within the City and requires the development of departmental Standard Operating Procedures (SOPs). The City also partnered with Santa Clara County and other local jurisdictions to prepare the Santa Clara Operational Area Hazard Mitigation Plan, which is an updated multi-jurisdictional hazard mitigation plan that assesses local hazard risks and recommends a tailored and coordinated mitigation strategy to improve the resiliency of the County. The OES actively implements the recommendations of these emergency plans by keeping the Emergency Operation Center in a state of readiness and training citizens in basic disaster response through the Community Emergency Response Team (CERT). Policies SA 3-4 and 3-5 and Actions SA-3a and SA-3b
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• Safety Element Update (AB 1409): The City is working on updating its Safety Element pursuant to AB 1409 (codified under Government Code Section 65302.15). Staff have identified that more analysis is needed to conform with the requirements under state law. The update will identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios in coordination with the Community Health and Wellness Element (Environmental Justice/SB 1000) and the Parks, Recreation, and Open Space Element. The City will hire a consultant to update the Open Space Element and Safety Element in 2026, with adoption planned for 2027. Policies SA3-4 and 6-2, Actions SA-3a, SA- 3c, SA-3g, SA-6b, and SA-6g.
Noise Element
• Development Review Process and Enforcement: As part of its development review process, the City conditions development projects to comply with the City’s noise regulations the Milpitas Municipal Code and noise compatibility standards in the Noise Element of the General Plan. Additionally, projects subject to CEQA are required to analyze potential noise impacts resulting from the project and mitigation measures are required to mitigate any significant noise impacts. The City’s Neighborhood Services Division and the Milpitas Police Department jointly enforce the City’s noise regulations, project conditions of approval, and CEQA mitigation measures to ensure compliance throughout the City.
Policies N 1-2, 1-4, 1-5, 1-6, and N 1-8 and Actions N-1a, N-1b, N-1c, and N-1d • Specific Plan Updates: As part of specific plan updates and associated zoning amendments, the City analyzed and considered the noise compatibility of existing and new land uses as it updates the zoning for these plan areas. The new land use plans incorporate appropriate buffers and transitions between incompatible land uses to minimize noise impacts. Policies N 1-1 and N 1-7
Parks, Recreation, & Open Space Element
• Parks & Recreation Master Plan Update: The City updated the Parks and Recreation Master Plan, which was originally adopted in 2008, to include City recreational facilities and parks in the TASP and Midtown areas. The update includes an existing conditions assessment of all parks and recreation facilities, public engagement and outreach, a strategic plan to provide high-quality accessible parks and recreation facilities, and a programming and growth assessment. The City continues to implement the Parks and Recreation Master Plan through the development review process and updating its Capital Improvement Program. Policies PROS 1-1, 1-2, and 1-3 and Action PROS-1c • Park Dedication or In-Lieu Fee: As part of its development review process, the City requires private development projects to either dedicate land or pay a park in-lieu fee (based on project square footage) to fund improvements to parks and recreation facilities to meet the additional demand for such facilities resulting from new developments and achieve the goals and policies of the Recreation Master Plan.
Policies PROS 1-4 and 1-5 and Action PROS-1b
• Parks & Recreation Facilities Improvements: Consistent with the Open Space & Environmental Conservation Element goals and policies, the City also made significant investment in parks and recreation facilities through its CIP. The significant projects are discussed below. o Citywide Park Rehabilitation: The City assessed and rehabilitated citywide park playgrounds needing minor improvements. The City completed the improvements of picnic areas, pathways, playgrounds, and site furnishings for approximately 20 parks in poor condition in 2025. Minor improvements were also completed for Hetch Hetchy right of way from Jacklin to Tramway in 2025.
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o Minor Sports Courts Rehabilitation: The program provides for the rehabilitation of several sports courts annually. Minor improvements were completed for Hall Memorial Park in 2025. o Sports Fields Turf Rehabilitation Program: The program is ongoing and provides for turf rehabilitation at City sports fields. Work includes re-sodding, re-seeding, irrigation repairs, and other minor rehabilitations.
o Park Renovations: The City completed the design for the renovation of one neighborhood park (Sandalwood Park). Improvements include a new picnic and playground area, ADA access and path improvements, a new restroom, and upgraded irrigation and landscaping. The construction is anticipated between 2027 and 2028, pending funding. The City is also planning to renovate the playground at Sinnott Park. Construction is anticipated spring 2026 with an anticipated completion date in early 2027.
o New Parks: The City constructed one new park (Delano Manongs Park). Phase 1 and Phase 2 (Park Core and Sports Field) of Delano Manongs Park were completed in 2023. The construction of Phase 3 (large dog play area) is anticipated to begin in 2027. The City is also planning for another park within the Metro Tango Subdistrict area. The design of the new 4-acre park is currently underway and is anticipated to be completed in 2027. The project is currently in community outreach and conceptual design phase. The design is anticipated to be completed by summer 2026 and will start construction in 2027. This new park will add approximately 3.5 acres of new parkland.
Policies PROS 1-8 and 1-9 and Action PROS-1a
• Innovation District Parks and Trails Master Plan: Following the adoption of the updated Milpitas Metro Specific Plan in 2023, the City kicked off the Innovation District Parks and Trails Master Plan at the end of 2024. The City also recently completed a new Economic Development Strategy, which also established the Innovation District area. The Innovation District is a neighborhood in the Metro Plan that is envisioned as a thriving employment destination featuring modern office, creative flex space, and R&D buildings. Zoning also allows for limited residential uses south of the Transit Center on the south side of South Milpitas Boulevard Extension. The Metro Plan envisions the construction of new South Milpitas Boulevard extension that creates new access over Berryessa Creek, likely a pedestrian/bicycle bridge, to provide direct connections for workers, residents and visitors between the eastern part of the Milpitas Metro’s Innovation District and the Transit center. A new street grid will maintain connections to the expressway, and retail services will provide a vibrant street environment for people working and visiting there. The MMSP requires 2 acres of publicly accessible parkland per 1,000 residents, which is lower than the typical ratio due to higher density development in the Plan area. These developments often provide open space and recreational facilities that are not publicly accessible. With the significant residential development expected in the Plan area, the Plan identifies the Innovation District as an area of particular need and proposes two new parks to enhance current service levels. Although the Innovation District prioritizes office and R&D development, it allows residential development adjacent to the proposed parks to create a campus-like setting. The proposed parks will serve employees and visitors to the area as well. The City anticipates adopting the Master Plan in 2026. Policies PROS 1-2, 1-8, 1-12, 2-2, and 2-3 and Action PROS-1k
• Open Space Element Update: The City is working on updating its Parks, Recreation, and Open Space Element pursuant to SB 1425 (codified under Government Code Section 65565.5). Staff has identified that more analysis is needed to conform with the new requirements and action programs as required by Section 65564. The update will address equity, climate resilience and rewilding in coordination with the
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Community Health and Wellness Element (Environmental Justice/SB 1000) and the Safety Element.
The City will hire a consultant to update the Open Space Element and Safety Element in 2026, with adoption planned for 2027. Policies PROS 2-2, 2-3, 3-2, 3-5, 3-6 and Actions PROS-3a and 3b
Community Health & Wellness
• Smoke-Free Ordinance: The City adopted a Smoke-Free Ordinance to expand the smoke-free areas within Milpitas and protect Milpitas’ most vulnerable populations. The Ordinance prohibits smoking in outdoor dining areas, parks and trails, multi-unit housing and associated common areas, near entryways to buildings where smoking is prohibited, service areas, and at public events. City staff continues to enforce the Ordinance and provide resources such as no-smoking signage to encourage compliance. Policy CHW 7-2
• Retail Tobacco Density: The City is currently developing a strategy to reduce the density of tobacco retailers. New retailers will be required to locate a minimum distance from existing retailers and sensitive land uses such as schools and parks to minimize the undue concentration of retailers and protect the youth. Policy CHW 7-3 and Action CHW-7b
• Environmental Justice Element: The City is currently reviewing the Community Health and Wellness Element Update in conformance with Senate Bill (SB) 1000 to incorporate environmental justice policies. The Update includes additional background information on healthy communities, environmental justice, and where those topics intersect with the other General Plan elements. Policy CHW1-1 and CHW1-4, and Action CHW-1b
Housing Element
• Annual Progress Report (APR): On March 3, 2026, staff presented the 2025 APR for the Housing Element and 2025 Housing Successor Agency Annual Report to City Council, which authorized the submittal of both reports to HCD.
• 2023-2031 Housing Element: On January 24, 2023, the City adopted the Housing Element Update for the sixth housing element cycle (2023-2031) to accommodate the City’s Regional Housing Needs Allocation (RHNA) adopted by the Association of Bay Area Governments (ABAG). On May 17, 2023, the Department of Housing and Community Development (HCD) found the adopted housing element in substantial compliance with the State Housing Element Law. • Housing Opportunity Districts (HOD) Overlay: The City implemented a HOD Overlay District to provide zoning and financial incentives for affordable housing development in key opportunity areas throughout Milpitas. The goal of the HOD Overlay District is to facilitate affordable and supportive housing for all and help address the ongoing housing crisis through innovative and effective incentive- based zoning. The City Council approved the zoning and general plan changes on April 15, 2025.
Conclusion
This report documents the City’s recent progress in implementing the General Plan. The information contained herein will be forwarded in the form of a letter to OPR to serve as the City of Milpitas’s General Plan Progress Report for 2025.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Revisions to the Planning Commission Bylaws and Ordinance Related to the Selection of Officers and Procedural Efficiencies (Staff Contact: Jay Lee, Planning and Neighborhood Services Director, 408-586-3077) Category: Consent Calendar-Community Development
Meeting Date: 3/17/2026
Recommendation: (1) Adopt a resolution revising the Planning Commission Bylaws for procedural efficiencies; and (2) Waive reading beyond the title and introduce Ordinance No.
41.13 amending Section 1.07 of Milpitas Municipal Code Title 1, Chapter 500 to revise language relating to the selection of Planning Commission officers.
BACKGROUND:
At its regularly scheduled meeting on September 24, 2025, the Planning Commission requested City staff agendize a future discussion on an amendment to the Planning Commission Bylaws to include an invocation as a standing agenda item for Planning Commission meetings, similar to the invocation the City Council has historically had at the outset of its meetings.
While reviewing the Planning Commission Bylaws and Milpitas Municipal Code (MMC) Title 1, Chapter 500 (Planning Commission) to prepare for this discussion, staff has identified other potential revisions to the Bylaws and Planning Commission Ordinance for greater alignment between the two, efficiencies in Commission- related business and operations, and other clerical edits. The proposed revisions are summarized below. The Bylaws were last amended in June 2019, and the majority of the Ordinance has not been updated since its adoption in 1997.
Pursuant to MMC Section I-500-1.-08 (Adoption of Rules and Regulations), the Planning Commission may adopt written rules and regulations as necessary to conduct its business including rules of procedure. Upon amendment, such rules and regulations must be submitted to the City Council for review. The City Council shall have the power to approve, disapprove, or modify said rules and regulations as necessary.
At its regularly scheduled meeting on February 11, 2026, the Planning Commission considered the inclusion of the invocation and other revisions to the Bylaws and Planning Commission Ordinance but decided against including an invocation and is only recommending the other revisions to the Bylaws and Planning Commission Ordinance. Therefore, staff is only bringing these other revisions to the Bylaws and Planning Commission Ordinance to the City Council for action.
ANALYSIS:
Staff has identified the following proposed revisions to the Planning Commission Bylaws and Planning Commission Ordinance.
Planning Commission Bylaws
• Amend Section 5.04 with non-substantive edits.
• Amend Section 5.09 to clarify Commissioners may vote on the approval of meeting minutes for meetings they did not attend if they have sufficient information to do so. • Amend Section 5.13 to allow the Chair to close the public hearing without an approved motion by the Commission.
• Add Section 5.15 to allow the Chair to, without motion, adjourn meetings temporarily or close the meeting after the conclusion of business and declare recess when necessary or expedient to do so.
MMC Title 1, Chapter 500 (Planning Commission):
• Amend Section 1.07 to 1) clarify that the Planning Commission shall elect the Chair and Vice Chair at its first regular meeting of the calendar year in January rather than the fiscal year in July and 2) remove language requiring appointment of a secretary for Commission meetings, which is currently fulfilled by the Administrative Assistant of the Planning Department as recognized by Section 2.02 of the Planning Commission Bylaws.
POLICY ALTERNATIVE(S):
Not applicable.
FISCAL IMPACT:
The actions are merely procedural and will not result in any appreciable or unbudgeted cost to implement.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is a continuing administrative or maintenance activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378
ATTACHMENT(S):
(a) Resolution
(b) Exhibit A to the Resolution – Planning Commission Bylaws with Proposed Redline Revisions (c) [Proposed] Ordinance No. 41.13 Amending MMC I-500-1.07, with Redlines
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS
APPROVING AMENDMENTS TO THE PLANNING COMMISSION BYLAWS
FOR PROCEDURAL EFFICIENCIES
WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, California Government Code Sections 65100-65107 authorizes cities and counties to create one or more planning commissions consisting of at least five members to oversee land use and zoning, and authorizes cities and counties to establish the functions, duties, and procedures of such commissions; and
WHEREAS, Milpitas Municipal Code (MMC) Title 1, Chapter 500 establishes the formation, composition, functions, duties, and procedures of the Milpitas Planning Commission; and
WHEREAS, pursuant to Section I-500-1.08 of the MMC, the Planning Commission may adopt written rules and regulations as necessary to conduct its business, including rules of procedure, subject to City Council review and approval; and
WHEREAS, the Planning Commission Bylaws were last amended in June 2019; and
WHEREAS, on September 24, 2025, the Planning Commission requested City staff agendize a future discussion on an amendment to the Planning Commission Bylaws to include an invocation as a standing item for Planning Commission meetings; and
WHEREAS, upon reviewing the Planning Commission Bylaws and Milpitas Municipal Code (MMC) Title 1, Chapter 500 (Planning Commission), City staff identified other potential revisions to the Planning Commission’s Governing Ordinance and Bylaws; and
WHEREAS, City staff prepared amendments to the Planning Commission’s Governing Ordinance and Bylaws; and
WHEREAS, these amendments would bring greater consistency between the Governing Ordinance and Bylaws, better facilitate the business of the Commission, and incorporate necessary clerical edits; and
WHEREAS, on February 11, 2026, at a regular meeting, the Milpitas Planning Commission referred to the City Council proposed changes to its bylaws and governing ordinance without the inclusion of an invocation as a standing agenda item; and
WHEREAS, on March 17, 2026, the City of Milpitas City Council reviewed and adopted the changes proposed by the Planning Commission to in the Milpitas Planning Commission Bylaws and the Milpitas Municipal Code; and
WHEREAS, all legal prerequisites to the adoption of this resolution and the City Council’s review, recommendation, and approval of the amendments to the Planning Commission’s Governing Ordinance and Bylaws have been met.
2 Resolution No. XXXX
NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines and resolves as follows:
SECTION 1. RECITALS
The City Council has considered the full record before it, which includes, but is not limited to, all published staff reports, oral and written testimony by staff, the Planning Commission, City Council, and the public, and all other relevant 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.
SECTION 2. AMENDMENT OF THE PLANNING COMMISSION BYLAWS
The Planning Commission Bylaws are hereby amended as attached hereto in Exhibit A.
PASSED AND ADOPTED this ___day of ___, 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
Exhibit A
CITY OF MILPITAS
PLANNING COMMISSION
BYLAWS
June March 20192026
2 TABLE OF CONTENTS
Section 1 – Preface 2
Section 2 - Commission Officers and Duties 3
Section 3 – Meetings 3
Section 4 - Agendas and Minutes 4
Section 5 - Meeting Conduct 5
Section 6 - Commissioner Conduct 8
BYLAWS
of the
CITY OF MILPITAS PLANNING COMMISSION
The City Council of the City of Milpitas has approved the following Bylaws of the Planning Commission of the City of Milpitas (the “Planning Commission”) by adoption of Resolution 7187, as amended by Resolutions 7477 and ####. In addition to the rules and procedures set forth herein, the Brown Act, the Public Records Act, and all other applicable statutes and laws likewise govern the Planning Commission, including Milpitas Municipal Code (“MMC”) Title I, Section 500, which governs the formation and operation of the Planning Commission.
Section 1 - Preface
Pursuant to MMC Section I-500-1.08, the Planning Commission shall adopt written rules and regulations as to the time, place and date of its regular meetings and shall adopt such rules and regulations as it deems necessary to conduct its business including rules of procedure. Such rules and regulations shall be consistent with the laws of the State of California or with the ordinances, resolutions or regulations of the City of Milpitas.
These bylaws are prepared to serve this purpose. Any modifications to these provisions must be consistent with the underlying Code provisions, as well as all applicable laws.
The City Council of the City of Milpitas established the Planning Commission and granted to it responsibilities in the area of land use, redevelopment issues, and planning permit decisions. The intent of these bylaws is to assist and be used by the Planning Commission in performing its duties and conducting its meetings. Failure to adhere strictly to a provision of the bylaws shall not, in and of itself, invalidate any action of the Planning Commission or the City Council, nor shall it constitute a violation of law or procedure nor provide a basis for any claim or cause of action against the City. If a conflict arises between these bylaws and the MMC, the MMC shall control.
3 Section 2 – Commission Officers and Duties
2.01 Officers
The officers of the Planning Commission shall consist of a Chair, Vice-Chair, and a Secretary.
2.02 Selection
At its first regular meeting held for the transaction of business during January, or as soon thereafter as may be possible, the Planning Commission shall elect a Chair and a Vice Chair for such calendar year. When a vacancy exists in the office of Chair or Vice Chair, the Planning Commission shall elect a member to serve in such capacity for the remainder of the calendar year. The City of Milpitas staff liaison to the Planning Commission shall serve as the Planning Commission Secretary. The Secretary shall preside over the election of the Planning Commission officers. Election of the officers shall be placed on the agenda after approval of the agenda.
2.03 Duties
The duties of the Planning Commission officers shall be as follows:
Chair
The Chair shall preside over all meetings of the Planning Commission and sign all resolutions approved by the Commission.
Vice Chair
The Vice-Chair shall assist the Chair in the execution of his or her office and act in his or her absence.
Secretary
It shall be the duty of the Secretary to keep records of all meetings of the Planning Commission.
Section 3 - Meetings
3.01 Regular Meetings
The Planning Commission regular meetings shall generally be the 2nd and 4th Wednesdays of each month at 7:00 p.m. in City Hall. The Planning Commission shall generally hold at least one (1) meeting per month. At the last regular meeting of the calendar year, the Planning Commission shall approve a meeting schedule for the upcoming year, which calendar may be subsequently amended if necessary.
3.02 Special Meetings
Special meetings of the Commission are meetings called in addition to those on the approved meeting schedule. Special meetings may be called by the Chair with the consent of at least three (3) other members or called with the consent of four (4) members of the Commission. The Brown Act requires the agenda for special meetings to be posted twenty-four (24) hours prior to the meeting. It is a policy of the Planning Commission to
4 provide seventy-two (72) hours notice for special meetings, when possible, to allow staff to prepare appropriate support materials. However, lack of seventy-two (72) hour notice will not preclude action if the Brown Act notice requirements are met.
3.03 Other Meetings
Workshops, study sessions, and retreats are meetings convened for informational purposes, Planning Commission training, and study sessions and do not require the Planning Commission to take any action. Such meetings shall be posted in the same manner as special meetings as described in Section 3.02.
3.04 Attendance and Punctuality
Commissioners are expected to arrive on time and be present for the entire meeting.
Commissioners are important City officials whose actions and decisions will have long- term impacts on the quality of life of city residents and visitors. Therefore, only in rare, unavoidable circumstances should Commissioners miss meetings or workshops. Three (3) or more unexcused absences from meetings and/or workshops during a calendar year shall be reported to the City Clerk, who notifies the City Council of the Commissioner’s attendance record. The City Council may choose to subsequently review of the Commissioner’s performance to determine any extraordinary reasons or other explanations for the Commissioner’s unexcused absences.
3.05 Quorum
A meeting cannot be conducted without a quorum of the Planning Commission. If enough Commissioners abstain due to a conflict of interest so as to lose a quorum, the Commission shall exercise the rule of necessity to regain a quorum, as allowed by law.
Otherwise, disqualified Commissioners shall be chosen by a draw of straws until a quorum is reached. The Commissioner so chosen shall continue to participate in the meeting until that matter until is concluded.
Section 4 – Agendas and Minutes
4.01 Agenda Preparation and Distribution
Not less than nine (9) days prior to any regular scheduled meeting, the secretary of the Commission shall endeavor to prepare an agenda which shall list all matters to be considered by the Commission at the meeting for which the agenda is prepared. The agenda shall ideally be distributed no less than five (5) days prior to the scheduled meeting to all members of the Commission, staff, anyone requesting such agenda and to other persons as the Commission and City Council may direct. Failure to satisfy any of the deadlines herein shall not, in and of itself, invalidate any action of the Commission.
Agendas shall be provided as required by the Brown Act.
4.02 Agenda Contents
The agenda shall contain the place, date and time of the meeting and items to be discussed at the meeting, consistent with the Brown Act.
5 Items can be placed on the agenda by staff as part of their responsibility in reviewing planning applications and administering city projects.
Any Commissioner may request the placement of an item on a future Commission agenda. Staff shall advise the Commission regarding the amount of time that may be necessary to prepare background materials related to the requested item and when the next available agenda opening would be. By majority vote, the Planning Commission may place the requested item on a future available agenda, providing at least seventy-two (72) hours prior to the meeting at which such item shall be considered in order to comply with the Brown Act and allow staff to prepare appropriate support materials. Items requiring additional public noticing will be placed on the next available agenda, within the scope and jurisdiction of the Planning Commission.
4.03 Minutes
The Planning Commission shall keep a record of its resolutions, transactions, findings and determinations. The Secretary shall maintain minutes of all proceedings. The meeting agenda and minutes are a public record and shall be available for inspection.
The minutes shall reflect the maker of the motion and the second for all actions. The vote of each Commissioner shall be recorded in the minutes.
Section 5 – Meeting Conduct
5.01 Purpose
The Planning Commission is a public agency with land use planning and decision- making duties. It is the policy of the Planning Commission to encourage free and open discussion of issues on a Planning Commission meeting agenda, but also to ensure that the Commission completes the agenda in a timely manner and in a process that accords courtesy and respect to all participants.
5.02 Rules
Robert’s Rules of Order, Revised, except where inconsistent with the express provisions of law, these bylaws, or other resolutions of the Commission, shall govern the conduct of meetings of the Commission.
5.03 Close of Public Hearing
No evidence shall be taken after the public hearing is closed on a matter.
5.04 Addressing the Commission
As per the Brown Act, the public may comment on any agenda item, however shall do so in the following manner:
Each person addressing the Commission is requested, but not required, to give his/her name and address in an audible tone of voice for the record and to provide the same on a speaker register used to prepare the meeting minutes. The speaker is requested to state
6 whether he or she is appearing as a representative or in a professional capacity such as an attorney, engineer, etc., and to state the name of the individual or organization he or she is representing, if applicable. Unless additional time is granteddetermined otherwise by the Chair, all remarks shall be limited to three (3) minutes and shall be addressed to the Commission as a body and not to any individual member thereof. The Chair may limit repetitive testimony in the interest of time. Only members of the Commission or the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Commission, except through the Chair. Any person who wishes to address the City Attorney or staff shall do so through the Chair and not pose questions or remarks to the Attorney or staff directly.
5.05 Motions
When making a motion, the following options are available:
(a) Deny without prejudice
(b) Deny with prejudice
(c) Approval
(d) Approval with conditions
(e) Continue (table)
5.06 Voting
The Chair has the right to vote and make a motion on any issue before the Commission.
The vote of all Planning Commissioners, including the Chair, shall be recorded and no vote shall be taken in secret. All Planning Commissioners shall vote on an item when legally able to do so. Nothing herein shall preclude the Planning Commission from meeting or taking action in Closed Session in accordance with the requirements of the Brown Act.
5.07 Super-Majority Vote
Some planning actions, require a super-majority vote, i.e., the affirmative vote of not less than a majority of the total membership of the Planning Commission. The super-majority vote of the total membership of the Planning Commission requires the affirmative vote of four (4) of the seven (7) Planning Commissioners.
5.08 Tie-Vote, Lack of Majority Vote
A tie-vote occurs when there is an equal number of Commissioners who voted in favor of a motion as have voted not in favor of a motion, such as a 3-3 vote. A lack of majority vote occurs when less than half of the votes cast support the motion, such as a 3-4 vote.
When either a tie-vote or lack of majority vote occurs, the motion fails, thereby resulting in no action. A majority vote is necessary to take action on an item, regardless of whether the Planning Commission has final authority or advisory authority.
In all cases, the Planning Commission shall work towards formulating a majority recommendation. If this cannot be achieved, the Planning Commission shall clearly summarize their issues to provide direction to the applicant or to the City Council.
7 5.09 Abstentions
Prior to taking action, the Commission must receive and weigh all presented evidence and testimony. In cases where a Commissioner is not present for public testimony on an item, the Commissioner should abstain from voting. This notwithstanding, in cases where an item has been continued from a meeting at which a decision-maker has been absent, the decision-maker can review the videotape of the meeting or the meeting minutes and participate in the continued hearing and vote. Similarly, Commissioners may vote on the approval of meeting minutes even for meetings they did not attend if they have sufficient information to do so, including after reviewing the recording of the meeting.
A Planning Commissioner abstaining from voting shall state a reason.
5.10 Passing the Gavel
When neither the Chair nor the Vice Chair is present or able to vote due to a conflict of interest, the gavel shall be passed to the Commissioner with the longest years of service as the Chair Pro Tempore with authority to preside over the meeting and/or the agenda item.
5.11 Seating Arrangement
To encourage the integration of recently appointed Commissioners, a meeting seating arrangement shall be established by the Chair.
5.12 Exhibits
All exhibits filed in connection with any pending matter become part of the record of the proceedings and shall be retained subject to compliance with applicable records retention policies of the City.
5.13 Order of Procedure, Public Hearing Guidelines
The following guidelines are for general agenda items. Variations on the guidelines for public hearing items are noted in parentheses.
Staff report
Clarifying questions to staff
Applicant presentation
Clarifying questions from Commissioners to Applicant
Public comment on item (Chair opens public hearing)
Applicant responds to questions, comments for clarification, amplification (Close Chair closes public hearing by motion of Commission) Commissioners deliberate, discuss the item
Commissioners vote
The Chair may vary the order otherwise provided above.
5.14 Reports by Staff or its Consultants
8 Written reports by staff or its consultants shall be considered a part of the official record of the proceeding to which they relate. Copies of any such written report shall be made available to the public at any hearing held on the proceeding to which such report relates.
5.15 Adjournment and Recess
The Chair may adjourn all meetings and sessions either temporarily or terminally after the conclusion of business and declare all meetings and sessions at recess when the Chair decides it is necessary or expedient to do so. This does not limit a member from proposing adjournment or recess or the Commission duly ordering such acts by motion and majority vote.
Section 6 – Commissioner Conduct
6.01 Purpose
The Planning Commission recognizes that differences of opinion are inherent in its land use subject matter and duties, whether they are differing opinions among Commissioners, or, between Commissioners and staff, or Commissioners and the public. The Commission also recognizes that discussion and resolution of such differences are often the basis for crafting land use decisions that are most appropriate for the City and its neighborhoods. It is the policy of the Planning Commission to recognize such differences and to provide a forum that allows them to be expressed in a respectful, courteous manner.
6.02 Recognition from Chair to Make Remarks
A Commissioner shall obtain recognition from the Chair and address all remarks including those to staff and the City Attorney to the Chair. Once a Commissioner has the floor, questions to the City Attorney and staff shall be directed through the chair.
6.03 Appropriate Remarks
A Commissioner should confine remarks to the merits of the pending question. All statements should have bearing on the adoption of the immediately pending question.
A Commissioner should refrain from offensive remarks directed towards another Commissioner or staff.
A Commissioner should not read lengthy passages from reports, books, quotations, etc., without permission of the Commission.
6.04 When to Withdraw a Motion
The maker of a motion who no longer supports his or her motion should ask permission to withdraw the motion. The maker of a motion may vote against the motion but cannot speak against it.
6.05 Courtesy to Others
9 A Commissioner should refrain from disrupting the Commission and give courteous attention to other speakers.
No member should speak a second time on a question if any member who has not yet spoken on the question wants to do so.
A Commissioner should be open to all concerns and listen to all participants with an open mind, even if he or she disagrees with them.
6.06 Ex-parte Communication
Commissioners are discouraged from suggesting any change to any project to the applicant or staff before the Commission as a whole considers the project. In addition, to ensure that all Commissioners receive the same information relative to a project that will be reviewed by the Commission, third party contacts are discouraged. Any such communications must be disclosed by the Commissioner at the Commission meeting prior to the item being considered.
6.07 Communications with the Press
When speaking to the press, Commissioners shall clearly state that they are speaking for themselves only and not for the Commission as a whole.
6.08 Professionalism
Commissioners are expected to exhibit a professional demeanor during public meetings at all times, to ensure decorum and respect to fellow Commissioners, City staff and the public.
6.09 Continued Training
Commissioners should continually strive to improve their land use knowledge and skills.
As funding is available, members of the Planning Commission are encouraged to annually attend the League of California Cities Planner’s Institute and may additionally attend the League’s Annual Conference. Alternatively, and subject to available funding, Planning Commissioners may choose to attend local conferences or trainings rather than the League’s Conference if: (1) the conference or training is related to planning issues applicable in Milpitas, and (2) the amount of money expended by any one Commissioner does not exceed the cost of attending the two League Conferences, as budgeted for the year.
6.10 Meeting Preparation
The Milpitas General Plan provides a vision and policy framework for future development to of the city, and all Planning Commission decisions must be consistent with the adopted policies in the General Plan. The Zoning Ordinance is a tool used by City official and staff, including the Planning Commission, to implement the General Plan. These documents are Council-approved and legally binding, and each Planning Commissioner has a responsibility to read and comprehend both the General Plan and the
10 Zoning Ordinance in order to make sound decisions on issues brought before the Commission.
The effectiveness of the Planning Commission requires the Commissioners thoroughly prepare themselves prior to a public meeting. This should include careful review of the agenda packets, additional research as needed, and calling upon Planning staff prior to the meeting for clarification and understanding of the projects and materials to be discussed.
6.11 Meeting Participation
Each Commissioner’s input is important and valued. All Commissioners in attendance are expected to participate.
6.12 Position Justification
Public decisions must be accompanied with coherent reasons, as statements are incorporated into the legal record.
6.13 Staff and Commissioner Roles
Staff’s Role
Planning staff’s role is to provide the Commission with the information it needs to make an independent decision and to provide the Commission with a professional recommendation supported with analysis. Staff’s responsibilities include public noticing and reviewing of applications for completeness and compliance with all local and state codes, including the California Environmental Quality Act (CEQA). In addition, staff shall assist with facilitating meetings.
Commissioner’s Role
A Planning Commissioner’s role is to review the information provided by staff, evaluate written and oral testimony provided by the general public and the applicant, to analyze the project proposal itself, and to make an independent decision which is in the best interests of the City and in conformance with applicable laws and regulations.
6.14 The Brown Act
The Brown Act is the California Open Meeting Law. The Planning Commission and Commissioners are subject to its provisions. Commissioners with questions should contact the City Attorney, the Planning Commission Chair or Planning staff.
6.15 Addressing Others
The appropriate title should be used when acknowledging a meeting participant, such as “Mr.”, “Ms.”, “Commissioner”, “Chair”, “Vice-Chair”, etc. This shows respect, professionalism and avoids the appearance of favoritism.
6.16 Conflicts of Interest/Code of Ethics
The City Attorney may be able to provide advice on avoiding legal and perceived conflicts of interest. Questions on a possible conflict should be addressed to the City
11 Attorney prior to the meeting. Any member of the Planning Commission who has a conflict of interest with an item on the agenda shall excuse him or herself prior to the introduction of the agenda item, as required by law.
If at a meeting, an unresolved issue arises as to whether a Planning Commissioner may have a conflict of interest on an agenda item, the Planning Commission may seek the advice of the City Attorney. The Planning Commission may continue the item to a future agenda for resolution of the matter, with consideration of any applicable Permit Streamlining Act provisions.
Each Commissioner should work towards maintaining the highest actual and perceived integrity level while sitting on the Commission. In addition, Planning Commissioners shall adhere to any applicable local regulations governing ethical conduct adopted by the City of Milpitas.
Ordinance No. ___ 1
REGULAR
NUMBER: ___.__
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING THE MILPITAS MUNICIPAL CODE TITLE I, CHAPTER 500, SECTION 1.07 RELATING TO THE SELECTION OF PLANNING COMMISSION
OFFICERS
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law 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
Ordinance No. ___ 2
RECITALS AND FINDINGS:
WHEREAS, on February 11, 2026, at a regular meeting, the Milpitas Planning Commission referred to the City Council proposed changes to its bylaws and governing ordinance to bring consistency between these documents and better facilitate the business of the Commission; and
WHEREAS, pursuant to Section I-500-1.08 of the Milpitas Municipal Code, the Planning Commission may adopt such written rules and regulations as it deems necessary to conduct its business, including rules of procedure, and the City Council has the power to approve, disapprove, or modify said rules and regulations as it deems necessary; and
WHEREAS, the City Council has the authority to adopt such ordinances as it deems necessary to govern City commissions, including the Milpitas Planning Commission; and
WHEREAS, the City Council has now reviewed and wishes to adopt the changes proposed by the Planning Commission, including by adopting this ordinance to better align the selection process for Planning Commission officers as contained in the Milpitas Planning Commission Bylaws and the Milpitas Municipal Code.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE I, CHAPTER 500, SECTION 1.07
Title I, Chapter 500, Section 1.07 of the Milpitas Municipal Code is hereby amended to read as follows:
The Planning Commission shall, at its first regular meeting held for the transaction of business during JulyJanuary, or as soon thereafter as possible, elect a chairman Chair and a vice-chairmanVice Chair for such fiscal year. When a vacancy exists in the office of chairman Chair or vice-chairmanVice Chair, the Planning Commission shall elect a member to serve in such capacity for the remainder of the fiscal year.
At said meeting, the Planning Commission shall also appoint a secretary who need not be a member of the Commission.
SECTION 3. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
SECTION 4. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution authorizing the City Manager, or Designee, to Negotiate and Execute an Agreement with Silicon Valley Builders Group, Inc. for Fire Tower Renovation (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602 Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 3/17/2026
Recommendation: Adopt a Resolution authorizing the City Manager, or designee, to negotiate and execute a Construction Agreement with Silicon Valley Builders Group, Inc., for Fire Tower Renovation Services for a maximum compensation of $398,396, in addition to a 15% contingency amount of $59,759, and a term beginning upon issuance of a Notice to Proceed with estimated completion within 90 days.
BACKGROUND:
The Fire Station #1 Drill Tower Renovation Project under Capital Improvement Program (CIP) 3403 Fire Station Improvements includes demolition and replacement of doors and windows, installation of burn room insulation systems, refractory concrete flooring, temperature monitoring systems, rappelling anchor points, and other improvements necessary to support live-fire training operations.
ANALYSIS:
On October 17, 2025, the City released an Invitation for Bids (IFB No. 25-1057) for the Fire Training Tower Renovations Project (Project). The IFB required bidders to possess specific certifications and licenses to ensure regulatory compliance and the technical capability necessary to perform the work. The scope of work included renovation of the City of Milpitas Fire Training Tower, including replacement of doors and frames, burn room upgrades, installation of thermal monitoring systems, training components, and structural anchors, all in compliance with National Fire Protection Association (NFPA) 1403 and applicable engineering standards.
The City Engineer estimate for the project was $265,820 and was provided in the solicitation.
The IFB was publicly noticed on the City’s website and OpenGov, the City’s e-procurement website, in accordance with City Municipal Code. Upon release, 7,579 companies received notification of the IFB, and 66 companies downloaded the IFB documents. However, despite outreach and advertisement, no responses were received by the published closing date of November 21, 2025. Pursuant to the City’s Municipal Code Section I-2-3.08 (Formal Bid Procedures), if no responsive bid is received after soliciting bids, the Purchasing Agent may proceed to procure the required supplies or services on the open market, provided that negotiations are conducted as appropriate regarding price and contract terms.
City staff, therefore, directly solicited a quote from Silicon Valley Builders Group, Inc. The vendor provided a comprehensive proposal to complete the scope of work at a cost of $398,396, a significantly higher price than the City Engineer’s Estimate and contemplated budget for this Project. The absence of bids limited the staff’s ability to validate pricing through traditional competitive means to confirm the submitted pricing was fair and reasonable. Staff, therefore, conducted further analysis utilizing the City Engineer’s Estimate, historical data, proxy pricing, and professional judgment and concluded that the provided pricing was fair and reasonable given the specialized nature of this work. The variance between the City Engineer’s Estimate and the contractor proposal is primarily attributable to the highly specialized and non-standard nature of the project.
Several major scope elements fall outside typical commercial construction and lack reliable, publicly available unit pricing data. The contractor submitted an itemized proposal to reflect individual pricing elements for each
scope item which has been reviewed by staff. Please see Attachment A – Engineer’s Estimate and Staff Analysis for further details.
Upon approval, staff intend to enter into negotiations with Silicon Valley Builders Group, Inc. to execute a contract to complete this necessary work.
POLICY ALTERNATIVE(S):
Alternative 1: Reject the proposal and re-advertise the project
Pros: Provides an additional opportunity to obtain competitive bids and establish fair and reasonable pricing that may reduce overall project cost.
Cons: Will result in further delays to complete necessary safety upgrades, and this may still result in limited or no bid responses due to the specialized nature of the project. Delays could affect firefighter training capability and increase future construction costs due to inflation and market volatility.
FISCAL IMPACT:
Sufficient funding for the contract is available in the current Fire Training Tower Renovation Project (CIP 3403) budget. The proposed Agreement amount of $398,396, in addition to a 15% contingency of $59,759, can be accommodated within the existing appropriation; therefore, no additional General Fund impact is anticipated at this time.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The project entails the operation, repair, maintenance, or minor alteration of existing public 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) Engineer’s Estimate and Staff Analysis
(b) Resolution
1265 NORTHER MILPITAS BOULEVARD, MILPITAS, CALIFORNIA 9503 PHONE: 408-586-2647, FAX: 408-586-3056, www.ci.milpitas.ca.gov
P r o j e c t N a m e : F i r e T o w e r R e n o v a t i o n L o c a t i o n : 7 7 7 S o u t h M a i n S t M i l p i t a s , C a
Project: Fire Tower Renovation
Location: 777 S. Main St., Milpitas, CA
Client: City of Milpitas – Public Works
Duration: 240 Calendar Days
1. General Conditions & Mobilization
Description Quantity Unit Unit
Cost Total
Mobilization, bonds, submittals, safety program 1 LS $15,000 $15,000 Site prep, staging, and daily cleanup 1 LS $8,000 $8,000 Temporary facilities, utilities, and traffic
control 1 LS $5,000 $5,000
Subtotal: $38,000
2. Demolition and Preparation
Description Quantity Unit Unit
Cost Total
Remove existing doors, frames, and hardware
(34 total) 34 EA $550 $18,700
Remove existing flooring and prep substrate in
burn rooms 2 RM $4,000 $8,000
Removal/disposal of old insulation panels 2 RM $2,000 $4,000 Subtotal: $30,700
ATTACHMENT A
ENGINEER’S ESTIMATE AND STAFF ANALYSIS
3. Doors and Frames Installation
Type Quantity Description Unit
Cost Total
Type 1: Burn room doors (18-
ga steel + dual skin) 4 Fire-rated doors and
frames $3,200 $12,800
Type 2: Standard fire doors
(double skin, insulated) 29 Hollow metal
insulated fire doors $2,000 $58,000
Type 3: Forcible entry door
(City-furnished) – install only 1 Labor only $900 $900
Subtotal: $71,700
4. Windows and Openings
Description Quantity Unit Unit Cost Total
Install City-furnished training windows 2 EA $1,200 $2,400 Weather sealing and flashing 2 EA $300 $600
Subtotal: $3,000
5. Burn Room Refractory Flooring
Description Quantity Unit Unit Cost Total
Calcium aluminate refractory concrete mix 2 RM $9,500 $19,000 Substrate grinding and prep 2 RM $1,500 $3,000
Field testing and inspection with City Engineer 1 LS $1,500 $1,500 Subtotal: $23,500
6. Insulation Panel System
Description Quantity Unit Unit
Cost Total
High-temp burn room panel system (SS exterior,
insulation blanket, 1800°F rated) 2 RM $18,000 $36,000
Hardware, anchors, sealants, and finishing 1 LS $2,500 $2,500 Subtotal: $38,500
7. Temperature Monitoring & Alarm System
Description Quantity Unit Unit
Cost Total
Scout Pyrometer system (monitor, alarm,
controller) 1 LS $8,500 $8,500
Thermocouples (3 per burn room, 6 total) 6 EA $600 $3,600 Visual/audible alarm system and integration 1 LS $2,500 $2,500 Training for City personnel 1 LS $1,000 $1,000
Subtotal: $15,600
8. Rappelling Anchor Points
Description Quantity Unit Unit Cost Total
Design and installation of structural anchors 3 EA $1,200 $3,600 Load testing and engineering certification 1 LS $2,000 $2,000 Subtotal: $5,600
9. Permits, Inspection, and Documentation
Description Quantity Unit Unit Cost Total
City permit coordination (fees by City) 1 LS $0 $0
Contractor documentation & O&M manuals 1 LS $1,500 $1,500 Subtotal: $1,500
10. Final Cleaning, Safety & Project Closeout
Description Quantity Unit Unit Cost Total
Daily and final cleanup 1 LS $2,000 $2,000
Safety compliance, PPE, and OSHA briefing 1 LS $1,000 $1,000 Subtotal: $3,000
Cost Summary
Category Amount
General Conditions & Mobilization $38,000
Demolition & Prep $30,700
Doors & Frames $71,700
Category Amount
Windows $3,000
Burn Room Concrete $23,500
Insulation Panels $38,500
Temperature System $15,600
Anchor Points $5,600
Permits & Docs $1,500
Final Cleaning & Safety $3,000
Subtotal Construction Cost $221,100
Contractor Overhead & Profit (15%) $33,165
Contingency (5%) $11,555
TOTAL ESTIMATED COST (ROM) ≈ $265,820
-----------END ESTIMATE------------------------------
ANALYSIS
The Fire Station #1 Drill Tower Renovation project consists of demolition and replacement of doors and windows, installation of burn room insulation systems, refractory concrete flooring, temperature monitoring systems, rappelling anchor points, and other improvements necessary to support live-fire training operations.
The City Engineer’s Estimate for the project was prepared in advance of solicitation and totaled approximately $265,820. One responsive proposal was received from Silicon Valley Builders Group (SVBG) in the amount of $398,396.
Given the magnitude of the variance, staff conducted a technical review to assess whether the discrepancy is reasonable and attributable to market and scope conditions.
The variance between the City Engineer’s Estimate and the contractor proposal is primarily attributable to the highly specialized and non-standard nature of the project. Several major scope elements fall outside typical commercial construction and lack reliable, publicly available unit pricing data. The contractor submitted an itemized proposal to reflect individual pricing elements for each scope item and has been reviewed by staff.
Burn Room Insulation and Lining Systems Burn room wall and ceiling systems are custom-fabricated assemblies designed to withstand sustained temperatures exceeding 1,800°F. These systems are manufacturer-specific, limited in supplier
availability, and include stainless steel panels, insulation blankets, specialized anchors, and extended warranties. There are no standardized estimating databases for these systems, requiring the City to rely on historical and proxy pricing.
Refractory Concrete Flooring The project requires calcium aluminate refractory concrete flooring suitable for live-fire training. Installation involves certified materials, strict placement procedures, witnessed mixing, curing protocols, and long-term performance risk. Contractor pricing reflects both labor intensity and liability exposure not fully captured in planning-level estimates.
Specialty Doors and Frames Burn room doors and frames are not standard fire- rated assemblies. They are subjected to extreme heat, repeated abuse, and NFPA 1403 compliance requirements. Contractor pricing includes fabrication risk, installation complexity, and potential concealed conditions discovered during demolition.
Temperature Monitoring System Live-fire temperature monitoring systems are niche products with limited vendors. Costs are influenced by proprietary equipment, calibration, system integration, training, and commissioning. Market pricing fluctuates and is not consistently reflected in published data.
Rappelling Anchor Points Structural anchor installation in an existing concrete tower introduces uncertainty related to reinforcing steel location, drilling conditions, epoxy performance, and load testing. Contractors price these elements conservatively to account for testing and rework risk.
MARKET CONDITIONS AND ESTIMATING LIMITATIONS
Public-sector estimating is constrained by the availability of verifiable market data.
For this project, limitations included:
• A limited pool of qualified contractors
• Specialty systems with manufacturer-controlled pricing • Lack of recent comparable public bids
• Contractor assumption of performance and liability risk As a result, the Engineer’s Estimate serves as a reasonable planning-level tool rather than a prediction of final market pricing.
CONCLUSION
Staff concludes that the variance between the Engineer’s Estimate and the contractor proposal is technically justifiable and reflects the specialized nature of live-fire training facility construction rather than deficiencies in the City’s estimating process.
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO NEGOTIATE AND
EXECUTE A CONSTRUCTION AGREEMENT WITH SILICON VALLEY BUILDERS GROUP, INC. IN AN AMOUNT NOT TO EXCEED $398,396, PLUS A 15% CONTINGENCY IN THE AMOUNT OF $59,759 FOR FIRE STATION #1 DRILL TOWER RENOVATION PROJECT (CIP 3403)
WHEREAS, the Fire Station #1 Drill Tower Renovation Project is included in Capital Improvement Program (CIP) 3403 – Fire Station Improvements, and includes demolition and replacement of doors and windows, burn room upgrades, refractory concrete flooring, temperature monitoring systems, rappelling anchor points, and related improvements necessary to support live-fire training operations; and WHEREAS, on October 17, 2025, the City released Invitation for Bids (IFB No. 25-1057) for the Fire Training Tower Renovations Project in accordance with the City’s Municipal Code and public contracting requirements; and
WHEREAS, despite public notice and outreach, no bids were received by the November 21, 2025, deadline; and
WHEREAS, pursuant to City Municipal Code Section I-2-3.08 (Formal Bid Procedures), when no responsive bid is received, the Purchasing Agent may procure the required services on the open market, subject to appropriate negotiations regarding price and contract terms; and WHEREAS, City staff directly solicited a proposal from Silicon Valley Builders Group, Inc., which submitted a comprehensive proposal in the amount of $398,396; and WHEREAS, staff conducted additional pricing analysis utilizing the Engineer’s Estimate, historical data, proxy pricing, and professional judgment and determined that the proposed amount is fair and reasonable given the specialized nature of the work and compliance requirements under National Fire Protection Association (NFPA) 1403 standards; and
WHEREAS, sufficient funding is available within the approved CIP 3403 – Fire Station Improvements budget to support the proposed Agreement amount, and no additional General Fund appropriation is required; and WHEREAS, the project consists the operation, repair, maintenance, or minor alteration of existing public 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.
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, including but not limited to the staff report and all public testimony. The recitals set forth above are true and correct and are incorporated herein by reference.
2. The City Council hereby authorizes the City Manager, or designee, to negotiate and execute a Construction Agreement with Silicon Valley Builders Group, Inc. in an amount not to exceed $398,396, plus a 15% contingency in the amount of $59,759, for the Fire Station #1 Drill Tower Renovation Project (CIP 3403).
2 Resolution No. xxxx
3. The term of the Agreement shall begin upon issuance of a Notice to Proceed, with an estimated completion within ninety (90) days.
4. The City Manager, or designee, is further authorized to execute any necessary documents and take all actions necessary to implement this Resolution consistent with its intent.
PASSED AND ADOPTED this 17th 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
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Authorizing the City Manager, or Designee, to Negotiate and Execute an Agreement with Silicon Valley Builders Group, Inc. for Milpitas Sports Center Exterior Modifications and Painting (Staff Contact: Luz Cofresí- Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 3/17/2026
Recommendation: Adopt a Resolution authorizing the City Manager, or designee, to negotiate and execute a Construction Agreement with Silicon Valley Builders Group, Inc. for Milpitas Sports Center Exterior Modifications and Painting for $430,946, in addition to a 20% contingency amount of $86,189 subject to an executed amendment or change order.
BACKGROUND:
In Fiscal Year 2024–2025, the City programmed Capital Improvement Program (CIP) Project 3414 – City Buildings Exterior Improvements to address exterior facility upgrades at the Milpitas Sports Center. Because the exterior coating on the City water supply reservoir (Ayer Reservoir) has reached the end of its useful life and its close proximity to the Sports Center, the project scope was expanded to include recoating the reservoir to restore its exterior protective system and safeguard critical water infrastructure. In addition to renewing this protective coating, completing the reservoir improvements in conjunction with the Sports Center exterior work will create a cohesive and unified visual appearance across adjacent public facilities.
Undertaking both improvements under a single mobilization is also operationally and fiscally prudent, as a contractor will already be mobilized to the site and dedicated CIP funding is available for the reservoir work through CIP Project 7112 – Reservoir Cleaning Program. Collectively, these improvements are intended to preserve City assets, enhance facility appearance, and extend the service life of exterior building components exposed to weathering and age-related deterioration.
ANALYSIS:
On December 26, 2025, the City released an Invitation to Bid (IFB 25-1102) for Milpitas Sports Center Exterior Modifications and Painting. The IFB required that responding vendors have, at a minimum, a valid Class B Contractor’s License to ensure regulatory compliance and technical capability necessary to perform the services. The scope of work requires the awarded vendor to seal and paint the entire exterior of the Milpitas Sports Center Building, as well as complete storefront aesthetics improvements such as composite retaining walls covering and new building signage. The engineer’s estimate for this project was $595,827.
The IFB was publicly noticed on the City’s website and OpenGov, the City e-procurement website, in accordance with City Municipal Code. Upon release, 7,056 vendors were notified of the IFB, and 83 companies downloaded the IFB documents. Twelve vendors submitted a bid response by the published closing date of February 5, 2026.
In their bid submissions, vendors provided fixed pricing for the base scope of services, along with fixed pricing for optional additive items, including anti-carbonation coatings and either an elastomeric polyethylene topcoat or fluoropolymer finish. Consistent with the IFB requirements, the Total Base Bid serves as the basis for contract award. Bid responses for the base scope of work were as follows:
Vendor Sports Center Reservoir Total Base Bid
Silicon Valley Builders Group, Inc. $392,873 $38,073 $430,946 Pacific Contractors Group Inc. $430,000 $42,000 $472,000 PRO-EX CONSTRUCTION, INC $426,000 $56,500 $482,500
Golden Crest Construction Inc $422,000 $75,000 $497,000 Color New Corp $500,000 $20,000 $520,000
D and D Construction Co $460,000 $115,000 $575,000
Molokai Electric LLC $500,000 $90,000 $590,000
Grand Construction $350,000 $250,000 $600,000
OnPoint Construction $623,490 $26,450 $649,940
BELZ CONSTRUCTION INC. $455,000 $210,000 $665,000
Taddie Jowers Construction $467,475 $240,750 $708,225
Perfection Pro Contractors $685,000 $80,000 $765,000
Based on these responses, the City issued a Notice of Intended Award to Silicon Valley Builders Group, Inc. as the lowest priced responsive and responsible bidder.
At this time, staff recommends contracting for the base services only. At a later time and at the City’s sole discretion, the City may elect to add the optional items, subject to available budget, available contingency, and an executed contract change order or amendment.
POLICY ALTERNATIVE(S):
Alternative 1: Do not award bid.
Pros:
• Allows additional time to reassess project scope, design, or budget to ensure alignment with long-term City facility planning objectives.
• Avoids immediate construction-related disruptions to Sports Center operations and public use.
Cons:
• Defers necessary exterior modifications and painting, which may accelerate facility deterioration such as leaks and interior damage.
• May result in higher project costs in the future due to inflation, market volatility, or rebidding requirements. • Delays planned aesthetic and functional improvements to a prominent community recreation facility, potentially affecting user experience and public perception.
FISCAL IMPACT:
The project will be funded through CIP 3414 – City Buildings Exterior Improvements and CIP 7112 – Reservoir Cleaning Program. Sufficient funding is available in these projects to support the recommended Agreement amount. No additional General Fund appropriation is required at this time.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The project entails the operation, repair, maintenance, or minor alteration of existing public 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) Sports Center Exterior Modifications Engineer’s Estimate (b) Resolution
CONTRACT:
INDEPENDENT GOVERNMENT ESTIMATE
RFI/CE/CO:
Milpitas Sports Center Exterior Modifications RFI - # CE - # TITLE:
Milpitas Sports Center Exterior Modifications
ESTIMATE VALID TO: ESTIMATED BY: DATE SHEET NO.
Hank Terlaje 8/26/2025 1 of 1
DESCRIPTION OF WORK QUANTITY MATERIAL & EQUIPMENT LABOR NO. UNIT PER PER
Milpitas Sports Center Exterior Modifications UNITS MEASURE UNIT SUBTOTALS UNIT SUBTOTALS SUBTOTALS Division 01 General Requirements
Project Manager 40 MH $95.00 $3,800.00 $3,800.00
Superintendent 160 MH $65.00 $10,400.00 $10,400.00
Division 02 Existing Conditions, Site Prep and Cleaning Pressure wash and surface cleaning (18,000 sft) 300 MH $2,000.00 $2,000.00 $65.00 $19,500.00 $21,500.00 Crack/stucco patching Prep 150 MH $2,000.00 $70.00 $10,500.00 $12,500.00 Surface sanding/scraping 120 MH $65.00 $11,500.00 $11,500.00 Division 09 Finishes
Stucco full exterior coating system (base and finish) 600 MH $28,000.00 $75.00 $45,000.00 $73,000.00 Metal Trims/doors/railings painting 180 MH $8,200.00 $75.00 $13,500.00 $21,700.00 Misc Coatings (sealants touch-up) 120 MH $4,000.00 $70.00 $8,400.00 $12,400.00 Composite Panels 140 MH $86.00 $12,040.00 $85.00 $11,900.00 $23,940.00 Skylight Cone Repairs 7 EA $5,200.00 $36,400.00 $65.00 $7,000.00 $43,400.00 New Signage 2 EA $1,400.00 $2,800.00 $2,400.00 $5,200.00 Reservoir Pressure wash and surface cleaning 1 LS $5,000.00 $5,000.00 Paint and seal 1 LS $55,000.00 $55,000.00 $75,000.00 $130,000.00 Equipment rental/disposal/site storage 1 LS $14,000.00 $3,400.00 $17,400.00 SUB-TOTAL $164,440.00 $227,300.00 $391,740.00
CONTRACTOR GENERAL CONDITIONS 10% $39,174.00
CONTRACTOR OH AND PROFIT 20% $78,348.00
SUB-TOTAL $509,262.00
BOND 2% $7,834.80
CERTIFICATE OF LIABILITY INSURANCE
AE FEES
CONTINGENCY 10% $50,926.20
SUB-TOTAL $568,023.00
PERMITS 2% $11,360.46
LESSOR FEES
MATERIAL TAXES 10% $16,444.00
SUB-TOTAL $595,827.46
TOTAL AMOUNT FOR THIS IGE $595,827.46
Note: This is an Independent Government Estimate for preliminary funding purposes only and does not in itself represent the final project cost. This estimate is good for 90 days upon receipt.
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO NEGOTIATE AND
EXECUTE A CONSTRUCTION AGREEMENT WITH SILICON VALLEY BUILDERS GROUP, INC. IN THE AMOUNT OF $430,946, PLUS A 20% CONTINGENCY AMOUNT OF $86,189, FOR MILPITAS SPORTS CENTER EXTERIOR MODIFICATIONS AND PAINTING (CIP 3414) AND ASSOCIATED RESERVOIR RECOATING WORK (CIP 7112)
WHEREAS, in Fiscal Year 2024–2025, the City programmed Capital Improvement Program (CIP) Project 3414 – City Buildings Exterior Improvements to address exterior facility upgrades at the Milpitas Sports Center; and
WHEREAS, the project scope was expanded to include recoating of the adjacent Ayer Reservoir exterior protective system, funded through CIP Project 7112 – Reservoir Cleaning Program, in order to restore and protect critical water infrastructure and provide a cohesive visual appearance across adjacent public facilities; and WHEREAS, on December 26, 2025, the City released Invitation for Bid (IFB 25-1102) for Milpitas Sports Center Exterior Modifications and Painting in accordance with the City’s Municipal Code and public contracting requirements; and
WHEREAS, the IFB required bidders to possess, at a minimum, a valid Class B Contractor’s License; and
WHEREAS, twelve (12) bids were received by the February 5, 2026 deadline, and Silicon Valley Builders Group, Inc. submitted the lowest responsive and responsible base bid in the total amount of $430,946; and
WHEREAS, staff issued a Notice of Intended Award to Silicon Valley Builders Group, Inc. as the lowest responsive and responsible bidder; and
WHEREAS, sufficient funding is available in CIP 3414 – City Buildings Exterior Improvements and CIP 7112 – Reservoir Cleaning Program to support the recommended agreement amount, and no additional General Fund appropriation is required; and
WHEREAS, the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Minor Alterations and Reparis), as it consists of the operation, repair, maintenance, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
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, including but not limited to the staff report and all public testimony. The recitals set forth above are true and correct and are incorporated herein by reference.
2. The City Council hereby awards the construction contract for Milpitas Sports Center Exterior Modifications and Painting (CIP 3414) and associated reservoir recoating work (CIP 7112) to Silicon Valley Builders Group, Inc., as the lowest responsive and responsible bidder, in the base bid amount of $430,946.
2 Resolution No. xxxx
3. The City Council hereby authorizes the City Manager, or designee, to negotiate and execute a Construction Agreement with Silicon Valley Builders Group, Inc. in the amount of $430,946.
4. The City Council hereby authorizes a contingency amount of $86,189 for the Project, to be used subject to an executed amendment or change order in accordance with applicable purchasing and contracting authority.
5. The City Manager, or designee, is further authorized to execute any necessary documents and take all actions necessary to implement this Resolution consistent with its intent.
Passed and adopted this ______, day of 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
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Award Construction Contract to Golden Bay Construction, Inc. for Calaveras Median Beautification Project, CIP No. 3468 (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: 3/17/2026
Recommendation: Adopt a resolution to (1) award the construction contract for the Calaveras Median Beautification Project, CIP No. 3468, to Golden Bay Construction, Inc., the lowest responsible bidder submitting a responsive bid, in the amount of $568,766; (2) authorize the City Manager, or designee, to execute the construction contract with Golden Bay Construction, Inc.; and (3) authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not-to- exceed $85,000.
BACKGROUND:
The City maintains several miles of landscaped street medians and curbside planter areas, comprising a wide variety of vegetation species that require intensive maintenance and are not optimally suited for the local climate. As part of the adopted 2026-2030 Capital Improvement Program (CIP), the Calaveras Median Beautification Project, CIP No. 3468 (Project) was approved to standardize the medians throughout the City by installing a combination of hardscape and drought-tolerant plant species, and upgrade irrigation systems to improve water-use efficiency that align with the goals and implementation of the City’s adopted Climate Action Plan and the City’s maintenance level of service standards.
On November 4, 2025, City Council adopted Resolution no. 9456 to approve the Project plans and specifications, authorize advertisement for bids, and approve a budget appropriation to replace the existing turf area with sustainable median streetscape along E. Calaveras Boulevard which is located within Caltrans’ right- of-way and maintained by the City. The Project will install a continuous 4-foot-wide meandering cobblestone embedded in concrete with surrounding permeable gravel from N. Milpitas Boulevard to S. Park Victoria Drive.
This Project will render a more aesthetically pleasing corridor through the City connecting I-680 and I-880, and align with the City’s maintenance level of service and climate action goals for long-term water conservation.
In the event of sufficient funding, staff also included the following as bid alternatives to award with the base scope:
• Alternative 1: Re-staining concrete areas from N. Milpitas Boulevard to S. Park Victoria Drive • Alternative 2: Install cobblestone in the island at the intersection of Serra Way • Alternative 3: Install cobblestone in the median south of Serra Way
ANALYSIS:
The Project was advertised on the City eProcurement system, OpenGov Procurement, and digital construction trade publications on January 23, 2026, and in the Milpitas Post on November 23 and 30, 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 February 23, 2026, and fourteen (14) sealed bids were received with the price range for the base bid from $294,200 to $998,600. The City Council agenda packet includes detailed information about the Project Plan and
Specifications (Attachment G); and the Engineer’s Estimate and the Bid Results for the Project base bid and alternative bid items (Attachment B). The Summary of Bid Results is as follows:
Bidder Base Bid Bid Alternate
No. 1
Bid Alternate
No. 2
Bid Alternate
No. 3
Engineer’s Estimate $511,900.00 $71,000.00 $75,100.00 $59,900.00
John Boylan Engineering* $294,200.00 $86,800.00 $86,600.00 $57,100.00 Guerra Construction Group* $384,472.00 $41,413.00 $55,370.50 $50,826.00 Golden Bay Construction Inc. $428,214.00 $44,721.00 $53,082.00 $42,749.00 Bosco Construction Services, Inc. $442,000.00 $13,600.00 $49,020.00 $70,780.00 CLS/Cervantes Landscape Services, Inc. $467,775.00 $24,255.00 $63,315.00 $61,320.00 QLM-Inc. $534,050.00 $29,300.00 $56,750.00 $48,600.00
Ram-Con Corporation $564,420.00 $27,369.00 $56,936.00 $62,630.00 Norgo Engineering $612,300.00 $74,000.00 $103,250.00 $107,500.00 Redgwick Construction Co. $658,200.00 $94,160.00 $154,600.00 $131,300.00 Interstate Grading & Paving, Inc. $668,800.00 $189,800.00 $151,815.00 $79,060.00 Galeb Paving, Inc. $707,670.00 $153,850.00 $107,145.00 $63,360.00 Wattis Construction Company, Inc. $716,792.00 $61,307.00 $84,531.00 $68,388.00 Kerex Engineering, Inc. $797,950.00 $142,400.00 $161,700.00 $128,250.00 S&H Construction, Inc. $998,600.00 $93,000.00 $129,000.00 $124,000.00 * Non-responsive bid proposal
The bid pricing received varies between 43% under and 95% over the Engineer’s 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 self-performing work instead of using subcontractors, and/or reduced cost in material and labor.
Staff reviewed the bid proposal submitted by John Boylan Engineering, the apparent lowest bidder, and determined that the bid was non-responsive. The contractor did not provide the required corporate seal and authorized signature on the Bid Form in accordance with section 00 41 43 of the Contract Documents. Staff notified John Boylan Engineering in writing of this determination on February 24, 2026 (Attachment D).
Subsequently, staff reviewed the bid proposal submitted by Guerra Construction Group, the second apparent lowest bidder, and determined the bid was also non-responsive. The contractor did not use the revised Bid Forms issued as part of Addendum No.1. Their use of the original form resulted in an inaccurate total base bid amount that does not reflect the revised scope and pricing requirements contained in the addendum. Staff notified Guerra Construction Group in writing of this determination on February 24, 2026 (Attachment E).
Staff reviewed the bid proposal submitted by Golden Bay Construction Inc., the third apparent lowest bidder and found their bid to be responsive. The Notice of Intent to Award Contract (Attachment F) to Golden Bay Construction Inc., was posted on OpenGov Procurement and no bid protests were filed with the City. Staff recommends awarding a construction contract in the base bid amount of $ $428,214.00 plus alternate bid item no. 1 in the amount of $44,721.00, no. 2 in the amount of $53,082.00, and no. 3 in the amount of $42,749.00 for the total amount of $568,766.00 to Golden Bay Construction, Inc., the lowest responsible bidder submitting a responsive bid. There is sufficient funding available in the Project budget to award this contract, and no additional funding appropriation is required.
The construction contingency established for the Project to address any unforeseen conditions that arise during construction is $85,000, 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 C). 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 SCHEDULE/KEY MILESTONES
Upon City Council adoption of the Resolution (Attachment A), construction is anticipated to start in May/June and be completed by the end of the year. -
POLICY ALTERNATIVE(S):
Alternative 1: Do not award the construction contract to Golden Bay Construction, Inc.
Pros: The current funding in the Project will be reallocated to other infrastructure needs.
Cons: The Project will not move forward and the median will continue to require significant maintenance to preserve its less than desirable appearance.
Reason for Not Recommending: As Calaveras Boulevard is a major corridor connecting commuters between I-680 and I-880, it should be enhanced with a sustainable streetscape that is visually appealing.
FISCAL IMPACT:
As of March 3, 2026, the available funding in the Project is $896,638, which is sufficient to fully fund and award the contract. The following is the summary of estimated construction cost:
Base Bid $428,214
Bid Alternatives No. 1, 2, & 3 $140,552
Construction Contingency (15%) $85,000
Total Construction Cost $653,766
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The Project entails operation, repair, maintenance and minor alteration of landscaping and hardscape features within an existing public right-of-way that involves negligible or no expansion of use which is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301.
ATTACHMENT(S):
(a) Resolution
(b) Bid Results Summary
(c) Construction Change Order Policy
(d) Notice of Intent to Reject John Boylan Engineering
(e) Notice of Intent to Reject Guerra Construction Group (f) Notice of Intent to Award Contract
(g) Project Specifications
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AWARDING
THE CONSTRUCTION CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER BID, GOLDEN BAY CONSTRUCTION, INC., IN A TOTAL AMOUNT OF $568,766; AUTHORIZE THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE THE CONSTRUCTION CONTRACT WITH GOLDEN BAY
CONSTRUCTION, INC.; AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO
NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT TO EXCEED $85,000 FOR THE CALAVERAS MEDIAN
BEAUTIFICATION PROJECT, PROJECT NO. 3468.
WHEREAS, the Calaveras Median Beautification Project, Project No. 3468 (“Project”) is in the FY2026- 2030 Adopted Capital Improvement Program to standardize the medians throughout the City by installing combination of hardscape, drought-tolerant plant species, upgrading irrigation systems to improve water-use efficiency that align with the goals and implementation of City’s adopted Climate Action Plan and City’s maintenance level of service standards; and
WHEREAS, on November 4 th, 2025, City Council adopted resolution no. 9456 to approve the project plans and specifications, authorize advertisement for bid proposals, and approve budget appropriation to replace the existing turf area with sustainable median streetscape along E. Calaveras Boulevard which is located within Caltrans’ right-of-way and maintained by the City; and
WHEREAS, the Project will install a continuous 4-foot-wide meandering cobblestone embedded in concrete with surrounding permeable gravel along E. Calaveras Boulevard from N. Milpitas Boulevard to S. Park Victoria Drive. The Project also included the following work as bid alternatives for possible award in addition to the base scope subject to funding:
• Alternative 1: Re-staining concrete areas from N. Milpitas Boulevard to S. Park Victoria Drive • Alternative 2: Install cobblestone in the island at the intersection of Serra Way • Alternative 3: Install cobblestone in the median south of Serra Way
WHEREAS, the Project entails operation, repair, maintenance and minor alteration of landscaping and hardscape features within an existing public right-of-way that involves negligible or no expansion of use which is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301; and
WHEREAS, the Project was advertised on City’s eProcurement system, OpenGov Procurement and digital construction trade publications on January 23, 2026, and in the Milpitas Post on January 23 and 30, 2026, 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 Engineer’s Construction Estimate for the Project’s Base Bid is $511,900, Bid Alternate No. 1 is $71,000, Bid Alternate No. 2 is $75,100, and Bid Alternate No. 3 is $59,900; and
WHEREAS, on February 23, 2026, fourteen (14) sealed bid proposals were received and the base bid pricing ranged from $294,200 to $998,600; and
WHEREAS, John Boylan Engineering, Inc. and Guerra Construction Group (“Contractors”) bid proposals were the apparent lowest bidders but were deemed non-responsive because their bids did not meet the requirements set forth in the Project bid documents. Contractors were informed in writing by certified mail on February 25, 2026; and
2 Resolution No. ____
WHEREAS, the lowest responsible bidder submitting a responsive bid is Golden Bay Construction, Inc., in the base bid amount of $428,214; and
WHEREAS, the Notice of Intent to Award Contract to Golden Bay 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 Golden Bay Construction, Inc., the lowest responsible bidder submitting a responsive bid for the Project, and authorize the City Manager, or designee, to execute the construction contract for the Base Bid and Alternate Bid Nos. 1, 2, and 3 in the amount of $568,766 in accordance with State law; and
WHEREAS, sufficient funds are available in the Project to award the contract to Golden Bay Construction, Inc. in the total amount of $568,766; 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 $85,000, fifteen percent (15%) of the total contract value, due to Project’s tight completion schedule and staff’s capability to respond swiftly to unanticipated construction conditions to limit potential claims or risk to the City;
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 and reaffirms its prior approval thereof in Resolution No. 9456.
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, Golden Bay Construction, Inc., in the amount of $568,766 for the Project. The City Manager or their designee is authorized to execute a contract with Golden Bay 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 $85,000 for the Project.
3 Resolution No. ____
PASSED AND ADOPTED this day of , 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
CITY OF MILPITAS
ENGINEERING DIVISION
BID SUMMARY
Bid Date: 02/23/2026
Item DESCRIPTION QTY UNIT Unit Price Item Total Unit Price Item Total Unit Price Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total Item Total 1 Mobilization/Demobilization (5% max) 1 LS $30,000.00 $30,000.00 $14,000.00 $14,000.00 $12,757.00 $12,757.00 $12,000.00 $12,000.00 $17,500.00 $10,000.00 $20,000.00 $11,550.00 $20,000.00 $28,700.00 $30,900.00 $23,600.00 $14,336.00 $38,000.00 $40,000.00 2 Traffic Control 1 LS $50,000.00 $50,000.00 $10,000.00 $10,000.00 $53,973.00 $53,973.00 $11,054.00 $11,054.00 $30,000.00 $30,000.00 $85,000.00 $69,550.00 $25,000.00 $108,600.00 $79,000.00 $83,700.00 $140,468.00 $25,000.00 $50,000.00 3 Demolition 1 LS $14,700.00 $14,700.00 $25,000.00 $25,000.00 $28,098.00 $28,098.00 $500.00 $500.00 $85,000.00 $52,000.00 $40,000.00 $127,370.00 $100,000.00 $28,700.00 $72,000.00 $162,785.00 $19,404.00 $20,000.00 $150,000.00 4 Earthwork 1 LS $20,000.00 $20,000.00 $15,000.00 $15,000.00 $38,205.00 $38,205.00 $29,000.00 $29,000.00 $43,000.00 $27,000.00 $78,000.00 $12,630.00 $25,000.00 $108,100.00 $68,000.00 $98,550.00 $110,000.00 $60,000.00 $150,000.00 5 Erosion Control 1 LS $2,500.00 $2,500.00 $5,000.00 $5,000.00 $9,301.00 $9,301.00 $2,000.00 $2,000.00 $3,500.00 $7,575.00 $6,000.00 $24,265.00 $3,000.00 $18,400.00 $3,500.00 $13,500.00 $49,914.00 $5,000.00 $35,000.00 6 Cobble Stone Concrete Paving 8000 SF $22.00 $176,000.00 $15.00 $120,000.00 $20.30 $162,400.00 $24.00 $192,000.00 $143,040.00 $170,000.00 $208,000.00 $202,560.00 $280,000.00 $240,000.00 $312,000.00 $202,400.00 $260,000.00 $520,000.00 $400,000.00 7 Red Lava Gravel 21000 SF $10.00 $210,000.00 $4.50 $94,500.00 $3.20 $67,200.00 $8.00 $168,000.00 $107,940.00 $157,500.00 $89,250.00 $100,800.00 $147,000.00 $105,000.00 $84,000.00 $107,100.00 $105,000.00 $105,000.00 $147,000.00 8 Remove and Replace Median Concrete 260 SF $20.00 $5,200.00 $30.00 $7,800.00 $0.00 $36.00 $9,360.00 $7,020.00 $9,100.00 $5,200.00 $8,585.20 $7,800.00 $15,600.00 $13,000.00 $9,360.00 $12,740.00 $19,500.00 $15,600.00 9 Remove Existing Irrigation BFP 3 EA $1,000.00 $3,000.00 $800.00 $2,400.00 $2,506.00 $7,518.00 $1,100.00 $3,300.00 $2,499.00 $3,600.00 $2,100.00 $5,490.00 $3,000.00 $3,900.00 $4,500.00 $5,025.00 $3,630.00 $3,600.00 $10,500.00 10 Remove and Replace Signs on New Post 1 EA $500.00 $500.00 $500.00 $500.00 $5,020.00 $5,020.00 $1,000.00 $1,000.00 $2,500.00 $1,000.00 $500.00 $1,620.00 $1,500.00 $1,200.00 $1,900.00 $1,650.00 $1,300.00 $1,850.00 $500.00 $511,900.00 $294,200.00 $384,472.00 $428,214.00 $441,999.00 $467,775.00 $534,050.00 $564,420.20 $612,300.00 $658,200.00 $668,800.00 $707,670.00 $716,792.00 $797,950.00 $998,600.00 Item DESCRIPTION QTY UNIT Unit Price Item Total Unit Price Item Total Unit Price Item Total 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:
11 Add Alternative #1 - Mobilization/Demobilization (5% max) 1 LS $5,000.00 $5,000.00 $4,000.00 $4,000.00 $2,792.00 $2,792.00 $2,000.00 $2,000.00 $500.00 $1,155.00 $5,500.00 $2,500.00 $3,000.00 $4,300.00 $8,000.00 $6,250.00 $1,227.00 $3,000.00 $4,000.00 12 Add Alternative #1 - Traffic Control 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $6,141.00 $6,141.00 $3,521.00 $3,521.00 $500.00 $3,500.00 $7,000.00 $5,045.00 $15,000.00 $41,700.00 $8,200.00 $7,600.00 $9,680.00 $5,000.00 $5,000.00 13 Add Alternative #1 - Repaint Existing Stained Concrete 5600 SF $10.00 $56,000.00 $13.00 $72,800.00 $5.80 $32,480.00 $7.00 $39,200.00 $12,600.00 $19,600.00 $16,800.00 $19,824.00 $56,000.00 $48,160.00 $173,600.00 $140,000.00 $50,400.00 $134,400.00 $84,000.00 BID ALTERNATE 1 $71,000.00 $86,800.00 $41,413.00 $44,721.00 $13,600.00 $24,255.00 $29,300.00 $27,369.00 $74,000.00 $94,160.00 $189,800.00 $153,850.00 $61,307.00 $142,400.00 $93,000.00 BID ALTERNATE 2:
14 Add Alternative #2 - Mobilization/Demobilization (5% max) 1 LS $5,000.00 $5,000.00 $4,000.00 $4,000.00 $2,792.00 $2,792.00 $2,500.00 $2,500.00 $500.00 $3,015.00 $7,000.00 $4,000.00 $5,000.00 $7,400.00 $7,000.00 $5,000.00 $1,691.00 $3,000.00 $6,000.00 15 Add Alternative #2 - Traffic Control 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $5,025.00 $5,025.00 $2,532.00 $2,532.00 $500.00 $5,500.00 $6,000.00 $7,215.00 $5,000.00 $28,900.00 $18,000.00 $14,000.00 $14,520.00 $2,000.00 $5,000.00 16 Add Alternative #2 - Demolition 1 LS $2,000.00 $2,000.00 $10,000.00 $10,000.00 $1,857.00 $1,857.00 $500.00 $500.00 $9,500.00 $4,500.00 $2,500.00 $8,070.00 $10,000.00 $6,800.00 $16,500.00 $2,625.00 $10,000.00 $3,000.00 $8,000.00 17 Add Alternative #2 - Earthwork 1050 SF $10.00 $10,500.00 $15.00 $15,750.00 $4.16 $4,368.00 $5.00 $5,250.00 $5,775.00 $3,150.00 $3,150.00 $1,554.00 $15,750.00 $29,400.00 $3,465.00 $5,250.00 $5,460.00 $10,500.00 $10,500.00 18 Add Alternative #2 - Erosion Control 1 LS $2,000.00 $2,000.00 $2,500.00 $2,500.00 $1,675.00 $1,675.00 $300.00 $300.00 $500.00 $1,400.00 $3,500.00 $1,755.00 $2,000.00 $15,100.00 $2,000.00 $2,500.00 $1,000.00 $500.00 $2,500.00 19 Add Alternative #2 - Cobble Stone Concrete Paving 1050 SF $22.00 $23,100.00 $15.00 $15,750.00 $22.33 $23,446.50 $24.00 $25,200.00 $21,105.00 $33,600.00 $27,300.00 $24,528.00 $42,000.00 $37,800.00 $45,150.00 $26,565.00 $30,450.00 $89,250.00 $63,000.00 20 Add Alternative #2 - Remove Existing Irrigation BFP 1 EA $1,000.00 $1,000.00 $800.00 $800.00 $3,419.00 $3,419.00 $1,100.00 $1,100.00 $1,500.00 $1,500.00 $500.00 $1,565.00 $1,000.00 $2,300.00 $1,100.00 $1,675.00 $1,210.00 $1,200.00 $1,500.00 21 Add Alternative #2 - Remove and Replace Signs on New Post 1 EA $500.00 $500.00 $500.00 $500.00 $629.00 $629.00 $1,000.00 $1,000.00 $2,500.00 $1,200.00 $500.00 $1,340.00 $1,500.00 $1,700.00 $1,900.00 $1,650.00 $1,300.00 $1,850.00 $1,000.00 22 Add Alternative #2 - Repaint Existing Stained Concrete 2100 SF $10.00 $21,000.00 $13.00 $27,300.00 $5.79 $12,159.00 $7.00 $14,700.00 $7,140.00 $9,450.00 $6,300.00 $6,909.00 $21,000.00 $25,200.00 $56,700.00 $47,880.00 $18,900.00 $50,400.00 $31,500.00 BID ALTERNATE 2 $75,100.00 $86,600.00 $55,370.50 $53,082.00 $49,020.00 $63,315.00 $56,750.00 $56,936.00 $103,250.00 $154,600.00 $151,815.00 $107,145.00 $84,531.00 $161,700.00 $129,000.00 BID ALTERNATE 3:
23 Add Alternative #3 - Mobilization/Demobilization (5% max) 1 LS $5,000.00 $5,000.00 $2,500.00 $2,500.00 $2,792.00 $2,792.00 $2,100.00 $2,100.00 $500.00 $2,920.00 $5,000.00 $3,500.00 $5,000.00 $6,400.00 $3,500.00 $2,500.00 $1,368.00 $3,000.00 $5,000.00 24 Add Alternative #3 - Traffic Control 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $8,374.00 $8,374.00 $1,849.00 $1,849.00 $3,500.00 $5,500.00 $3,000.00 $9,390.00 $15,000.00 $24,400.00 $9,500.00 $14,000.00 $12,100.00 $2,000.00 $5,000.00 25 Add Alternative #3 - Demolition 1 LS $2,000.00 $2,000.00 $10,000.00 $10,000.00 $2,161.00 $2,161.00 $500.00 $500.00 $9,500.00 $5,500.00 $2,000.00 $7,700.00 $15,000.00 $11,200.00 $8,000.00 $3,000.00 $10,000.00 $4,000.00 $15,000.00 26 Add Alternative #3 - Earthwork 1200 SF $10.00 $12,000.00 $10.00 $12,000.00 $4.15 $4,980.00 $5.00 $6,000.00 $26,040.00 $3,600.00 $3,600.00 $1,440.00 $18,000.00 $31,200.00 $3,960.00 $6,000.00 $5,400.00 $12,000.00 $18,000.00 27 Add Alternative #3 - Erosion Control 1 LS $2,000.00 $2,000.00 $2,500.00 $2,500.00 $1,675.00 $1,675.00 $300.00 $300.00 $1,700.00 $1,200.00 $2,300.00 $1,765.00 $3,000.00 $11,200.00 $2,000.00 $2,500.00 $1,000.00 $1,000.00 $5,000.00 28 Add Alternative #3 - Cobble Stone Concrete Paving 1200 SF $22.00 $26,400.00 $15.00 $18,000.00 $22.33 $26,796.00 $24.00 $28,800.00 $26,040.00 $38,400.00 $31,200.00 $33,480.00 $48,000.00 $42,000.00 $48,000.00 $30,360.00 $34,800.00 $102,000.00 $72,000.00 29 Add Alternative #3 - Remove Existing Irrigation BFP 2 EA $1,000.00 $2,000.00 $800.00 $1,600.00 $1,709.50 $3,419.00 $1,100.00 $2,200.00 $2,000.00 $3,000.00 $1,000.00 $4,000.00 $2,000.00 $2,600.00 $2,200.00 $3,350.00 $2,420.00 $2,400.00 $3,000.00 30 Add Alternative #3 - Remove and Replace Signs on New Post 1 EA $500.00 $500.00 $500.00 $500.00 $629.00 $629.00 $1,000.00 $1,000.00 $1,500.00 $1,200.00 $500.00 $1,355.00 $1,500.00 $2,300.00 $1,900.00 $1,650.00 $1,300.00 $1,850.00 $1,000.00 BID ALTERNATE 3 $59,900.00 $57,100.00 $50,826.00 $42,749.00 $70,780.00 $61,320.00 $48,600.00 $62,630.00 $107,500.00 $131,300.00 $79,060.00 $63,360.00 $68,388.00 $128,250.00 $124,000.00 $206,000.00 $230,500.00 $147,609.50 $140,552.00 $133,400.00 $148,890.00 $134,650.00 $146,935.00 $284,750.00 $380,060.00 $420,675.00 $324,355.00 $214,226.00 $432,350.00 $346,000.00 $717,900.00 $524,700.00 $532,081.50 $568,766.00 $575,399.00 $616,665.00 $668,700.00 $711,355.20 $897,050.00 $1,038,260.00 $1,089,475.00 $1,032,025.00 $931,018.00 $1,230,300.00 $1,344,600.00 *NOTE: RED-COLORED NUMBER DENOTES INCORRECT BID TOTAL. THE NUMBERS ARE VERIFIED AND REVISED BY CITY ON THIS BIDS TABULATION.
Interstate Grading &
Paving, Inc.
Tully Consulting Group
Lowest Responsive Bidder
Lowest Responsive Bidder
Norgo Engineering
Norgo Engineering
CLS/Cervantes
Landscape Services,
Inc.
QLM-Inc.
List of Sub-Contractors
SWPPP
Striping
Redgwick Construction
Co.
Redgwick Construction
Co.
Ram-Con Corporation
Ram-Con Corporation
Traffic Control Plan
Cobble Paving
Description
Concrete Staining
BID ALTERNATE CONTRACT WORK
BASE CONTRACT WORK
Apparent Low Bidder
Guerra Construction Group
Bosco Construction
Services, Inc.
John Boylan Engineering, Inc.Unit Cost
(Eng Est)
Golden Bay Construction, Inc.
Bosco Construction
Services, Inc.
QLM-Inc.
Project Name: CALAVERAS BLVD MEDIAN IMPROVEMENT
Project No.: 3468
Engineer's Estimate Kerex Engineering Inc.
CLS/Cervantes
Landscape Services,
Inc.
Bosco Construction
Services, Inc.
Interstate Grading &
Paving, Inc.
Galeb Paving, Inc.
Wattis Construction
Company, Inc.
Wattis Construction
Company, Inc. Kerex Engineering Inc.
Apparent Low Bidder
Unit Cost
(Eng Est) Engineer's Estimate John Boylan Engineering, Inc. Guerra Construction Group Golden Bay Construction, Inc.
S&H Construction, Inc.
S&H Construction, Inc.
CLS/Cervantes
Landscape Services,
Inc.
CA Traffic Solution
Galeb Paving, Inc.
QLM-Inc. Ram-Con Corporation Norgo EngineeringRedgwick Construction Co.
Interstate Grading &
Paving, Inc.
Wattis Construction
Company, Inc.Galeb Paving, Inc. Kerex Engineering Inc. S&H Construction, Inc.Golden Bay Construction, Inc.Guerra Construction GroupJohn Boylan Engineering, Inc.
R&R Maher Jeffco Duran Construction Jeffco
Jalos Construction
Chrisp
D&M Traffic
Lone Star LandscapeIrrigation
BASE BID + BID ALTERNATE CONTRACT WORK
1
Construction Change Order Policy for the Calaveras Median Beautification Project, CIP No. 3468
2021 City Council Approved Construction Change Order Policy
Construction Award Individual Administrative Cumulative Award Amount Change Order Authority Change Order Authority Less than $100,000 $10,000 $15,000
Over $100,000 10% of Award or $20,000 15% of Award or $40,000 whichever is less whichever is smaller
Calaveras Median Beautification Project, CIP No. 3468 Change Order Policy
Construction Award Individual Administrative Cumulative Award Amount Change Order Authority Change Order Authority $568,766 N/A $85,000
CITY OF MILPITAS
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov
Superior Customer Service y Open Communication y Integrity and Accountability y Trust and Respect y Recognition and Celebration
455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service y Open Communication y Integrity and Accountability y Trust and Respect y Recognition and Celebration
Via Certified U.S. Mail and E-mail
John Boylan Engineering, Inc.
c/o John Boylan
134 Rock Harbor Ln,
Foster City, CA, 94404
[email protected]
Re: Notice to Disqualify Bid Submitted by John Boylan Engineering, Inc., the Apparent Lowest Bidder For Calaveras Blvd Median Improvement Project, CIP No. 3468
Dear Mr. Boylan,
On February 23, 2026, the City of Milpitas (“City”) conducted a bid opening for Calaveras Blvd Median Improvement Project no. 3468. John Boylan Engineering, Inc. was the apparent lowest bidder. However, based on staff’s evaluation, John Boylan Engineering, Inc. bid was determined to be non-responsive for the following reason:
1. Failure to provide signed and sealed contract forms, as required by the bid documents.
As a result, your bid cannot be considered for award. The City intends to award the project contract to the lowest responsive and responsible bidder, Golden Bay Construction, Inc. at the March 17, 2026. The City thanks you for your interest in this project and encourages your participation in future bidding opportunities.
Please feel free to reach out Anna Highsmith, Associate Civil Engineer, at 408-609-1824 or email at [email protected] if you have any questions.
Sincerely,
Lyhak Eam, P.E.
Public Works Division Manager – Engineering
Cc: Michael Silveira, P.E., City Engineer
Lyhak Eam
CITY OF MILPITAS
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov
Superior Customer Service y Open Communication y Integrity and Accountability y Trust and Respect y Recognition and Celebration
455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service y Open Communication y Integrity and Accountability y Trust and Respect y Recognition and Celebration
Via Certified U.S. Mail and E-mail
Guerra Construction Group
c/o Jaime Guerra
984 Memorex Drive
Santa Clara, CA 95050
[email protected]
Re: Notice to Disqualify Bid Submitted by Guerra Construction Group, the Second Apparent Lowest Bidder for Calaveras Blvd Median Improvement Project, CIP No. 3468
Dear Mr. Guerra,
On February 23, 2026, the City of Milpitas (“City”) conducted a bid opening for Calaveras Blvd Median Improvement Project no. 3468. Guerra Construction Group were the second apparent lowest bidder. However, based on staff’s evaluation, Guerra Construction Group bid was determined to be non-responsive for the following reason:
1. Failure to use the revised bid forms as provided as part of Addendum No. 1
As a result, your bid cannot be considered for award. The City intends to award the project contract to the lowest responsive and responsible bidder, Golden Bay Construction, Inc. at the March 17, 2026. The City thanks you for your interest in this project and encourages your participation in future bidding opportunities.
Please feel free to reach out Anna Highsmith, Associate Civil Engineer, at 408-609-1824 or email at [email protected] if you have any questions.
Sincerely,
Lyhak Eam, P.E.
Public Works Division Manager – Engineering
Cc: Michael Silveira, P.E., City Engineer
Lyhak Eam
NOTICE OF INTENT TO AWARD CONTRACT
Department of Public Works
Project Name: Calaveras Boulevard Median Improvement
City Project Number: 3468
Bid Opening Date: February 23, 2026 (2:00 PM)
NOIA Posting Date: February 25, 2026
Project Manager: Anna Highsmith, P.E.
NOIA Posting Location: Addenda & Official Notices
On February 23, 2026, the City of Milpitas (City) held a bid opening for the upcoming Calaveras Blvd Median Improvement Project. The City intends to award the Project contract to the lowest responsive bidder, Golden Bay Construction, Inc., at the March 17, 2026, City Council Meeting.
As per Milpitas Municipal Code (MMC) MMC 1-2-3.19 - Protest Procedure, Any interested party may file a protest to a proposed award of a contract in an amount over Ten Thousand Dollars ($10,000). The protest shall be filed with the Purchasing Agent in writing no later than seven (7) calendar days after the posting of the Notice of Intent to award and shall set forth the basis for the protest and any proposed remedy.
All protests shall be in writing and shall contain a complete statement of the legal grounds for the protest; all the facts relevant to the protest; and the form of relief requested and the legal basis for such relief. All protests shall be accompanied by all documentation supporting the grounds for the protest. The protest shall include the name, address and telephone number of the protesting party and the person representing the protesting party, if any.
Protests may be submitted only by a party that has submitted a bid or proposal in response to the contract solicitation. A subcontractor of a bidder or proposer may not submit a protest. A party may not rely on a protest submitted by another party but must timely pursue its own protest.
Protests can only be submitted by the party that submitted the bid by one of the following methods:
Via mail or hand delivered, Monday thru Friday, between 8:00 a.m. and 5:00 p.m. to:
Attn: Luz Cofresi-Howe,
Finance Director
455 E. Calaveras Blvd,
Milpitas, CA 95035
OR, via e-mail @ [email protected]
38077.00180\29080232.10 C2
CITY OF MILPITAS
MILPITAS, CALIFORNIA
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR
CALAVERAS BLVD MEDIAN IMPROVEMENT
PROJECT NO. 3468
Recommended for Bidding: ____________________________________________________ Lyhak Eam, P.E., Public Works Division Manager - Engineering
Approved for Bidding: ____________________________________________________ Michael Silveira, P.E., City Engineer
Bid Set – January 2026
Lyhak Eam
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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 ................................ ................................ ................................ ...........36 00 61 13 – BOND FORMS ................................ ................................ ................................ .......41 00 72 13 – GENERAL CONDITIONS ................................ ................................ .......................53 00 73 13 – SPECIAL CONDITIONS ................................ ................................ ....................... 109 01 00 00 – GENERAL REQUIREMENTS ................................ ................................ ............... 112 01 20 00 – MEASUREMENT AND PAYMENT ................................ ................................ ....... 127 TECHNICAL SPECIFICATION ................................ ................................ .............................. 137 01 50 00 – TEMPORARY FACILITIES AND CONTROLS ................................ ...................... 138 01 55 26 – TRAFFIC CONTROL ................................ ................................ ............................ 146 01 57 13 – STORM WATER POLLUTION PREVENTION ................................ ..................... 153 02 41 13 – DEMOLITION ................................ ................................ ................................ ....... 159 31 11 00 – CLEARING AND GRUBBING ................................ ................................ ............... 162 31 22 00 – EARTHWORK AND GRADING ................................ ................................ ............ 164 32 13 13 – SITE CONCRETE ................................ ................................ ................................ 168 APPENDIX A – CITY STANDARD FORMS ................................ ................................ .............. 1 APPENDIX B – ENCROACHMENT PERMIT ................................ ................................ ............ 2
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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 Monday, February 23, 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 all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for Calaveras Blvd Median Improvement, Project No. 3468 (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 pack ages 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 bidder 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 OpenGov Procurement. It is the responsibility of each prospective bidder to check OpenGov Procurement 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 OpenGov Procurement may change without notice to prospective bidders. The Contract Documents shall supersede any information posted o r transmitted by OpenGov Procurement.
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 t o City of Milpitas as bid security.
The bid security shall be provided as a guarantee 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.
A NON-MANDATORY Pre-Bid Conference is scheduled for Thursday, February 5, 2026, at 2:00 PM and on Tuesday, February 10, 2026 at 2:00 PM Via Microsoft Teams virtual meeting to review the Project's existing conditions. For access to virtual Pre-Bid Conference, please contact Reshad Osman, Assistant Engineer via email at [email protected] no later than 12:00 PM (noon) for that day’s scheduled meeting. Representatives of the City and consulting engineers, if any, will be present. Bidders need only to attend one Pre -Bid Conference. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and issued as an Addendum. Bids will not be accepted from any bidder who did not attend one of the mandatory Pre-Bid Conferences.
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The deadline for submitting questions related to this bid is Friday, February 13, 2026 at 4:00 p.m. Contact Reshad Osman, Assistant Engineer for question s submittal. Addenda with answers to questions received by the specified time will be posted following the close of questions.
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 requirements, as defined in California 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.
Pursuant to Labor Code Section 1773, City has obtained 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 cr aft, 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 Public Works Department 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 exempt 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 re quirements under this contract and applicable law in its Bid.
Unless otherwise provided in the Instructions for 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 t he duration of the contract: Class A (General Engineering Contractor) or Class C -8 (Concrete Contractor) . The Engineer’s Estimate for the project’s base bid items is between $550,000 to $650,000.
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Substitution requests shall be made within 35 calendar days after the award of the contract.
Pursuant to Public Contract Code Section 3400(b), the City may make 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 Reshad Osman, Assistant Engineer, at [email protected], at City of Milpitas City Hall, 455 E. Calaveras Boulevard, Milpitas, CA 95035 or (408) 586-3357.
END OF NOTICE INVITING BIDS
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-4- 00 21 13 – INSTRUCTIONS TO BIDDERS
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 obtained from the City as specified in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in a dvance 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 Pr ints 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, includ ing 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 Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, 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 site 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 an y Bidder to receive 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 o r 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 State 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 California 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 Engineer of the City 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 copy of such addenda will be mailed or delivered to each prospective Bidder w ho 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. To this end, a Pre -Bid Meeting and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.
5. ADDENDA
The City reserves the right to revise the Contract Documents prior to the Bid opening date.
Revisions, if any, shall be made by written Addenda. 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 City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall provide City a name, address, email address, and facsimile number 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 Reshad Osman, Assistant Engineer , at City of Milpitas City Hall, 455 E. Calaveras Boulevard, Milpitas, CA 95035 or (408) 586-3357 or at [email protected] to verify that it has received all Addenda issued, if any, prior to the 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 i tems. 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 the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed b y 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 installs 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 t he 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 50% 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 subcontract ed. 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 the 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 the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certifica tes 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 shall 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 proposes 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 submitte d 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 I ran 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 Certification on the form provided, attes ting to the facts contained therein. Failure to submit this form may render the bid non -responsive. In addition, each Bidder shall provide the registration 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 limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, w ithin 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 submitted 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. Contractor shall sign and 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 partner 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 documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee 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 unopened. The envelope shall also contain the following in the lower left-hand corner thereof:
Bid of (Bidder’s Name)
for the CALAVERAS BLVD MEDIAN IMPROVEMENT, PROJECT NO. 3468 Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant 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 reading 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 location of the bidder.
B. The nature and amount of the bid 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 receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Wit hdrawn 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 compliance 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 prices of m aterials to a Bidder, is not thereby disqualified from submitting a sub -proposal or quoting 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 receive any public money for performing work as a subcontractor on a public works contract. Any 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 workers 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 al l 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 Co de 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 Purchasing 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 protest 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 response to the protestor. The Purchasing Agent's decision on a bid protest for a procurement in an amount no more than Fifty Thousand Dollars ($50,000) shall be final. For procurements 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 responsible 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 determine 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 Pay ment Bond; and (3) the required insurance certificates and endorsements. 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 specified 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 empowered to do so. The Contra ct and bond forms to be executed by the successful Bidder are included within these Specifications 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 that 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:
CALAVERAS BLVD MEDIAN IMPROVEMENT, PROJECT NO. 3468
A We hereby propose to furnish all labor, materials, 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 examination 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, understanding, and full consideration of the following addenda to the Contract Documents:
List Addenda No's. ________________________________________________ E Attached hereto and by this reference incorporated 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 Registration 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 hereby 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 corporation ______, 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)
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J The undersigned that the representations made 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)
Names of individual members of firm or names and titles of all officers 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
NO. ITEM DESCRIPTION
EST.
QTY.
UNIT OF
MEASURE
UNIT
PRICE
TOTAL ITEM
PRICE
1. Mobilization/Demobilization (5% max) 1 LS
2. Traffic Control 1 LS
3. Demolition 1 LS
4. Earthwork 1 LS
5. Erosion Control 1 LS
6. Cobble Stone Concrete Paving 8,000 SF
7. Red Lava Gravel 21,000 SF
8. Remove and Replace Median Concrete 260 SF
9. Remove Existing Irrigation BFP 3 EA
10. Remove and Replace Signs on New Post 1 EA
TOTAL BID BASE 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 estimated quantity for the item and the price thus obtained shall be the Unit Price.
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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If the Contract Documents specify Alternate Bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above (please check the appropriate box), in the City’s sole discretion. The City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).
No.
ITEM DESCRIPTION
EST.
QTY.
UNIT OF
MEASURE
UNIT
PRICE
TOTAL
ITEM
PRICE
9 Add Alternative #1 -
Mobilization/Demobilization
(5% max)
1 LS
10 Add Alternative #1 - Traffic
Control 1 LS
11 Add Alternative #1 - Repaint
Existing Stained Concrete 5,600 SF
ADDITIVE ALTERNATIVE #1 TOTAL:
12 Add Alternative #2 -
Mobilization/Demobilization
(5% max)
1 LS
13 Add Alternative #2 - Traffic
Control 1 LS
14 Add Alternative #2 -
Demolition 1 LS
15 Add Alternative #2 -
Earthwork 1050 SF
16 Add Alternative #2 - Erosion
Control 1 LS
17 Add Alternative #2 - Cobble
Stone Concrete Paving 1050 SF
18 Add Alternative #2 - Remove
Existing Irrigation BFP 1 EA
19 Add Alternative #2 - Remove
and Replace Signs on New
Post
1 EA
20 Add Alternative #2 - Repaint
Existing Stained Concrete 2100 SF
ADDITIVE ALTERNATIVE #2 TOTAL:
21 Add Alternative #3 -
Mobilization/Demobilization
(5% max)
1 LS
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22 Add Alternative #3 - Traffic
Control 1 LS
23 Add Alternative #3 -
Demolition 1 LS
24 Add Alternative #3 -
Earthwork 1200 SF
25 Add Alternative #3 - Erosion
Control 1 LS
26 Add Alternative #3 - Cobble
Stone Concrete Paving 1200 SF
27 Add Alternative #3 - Remove
Existing Irrigation BFP 2 EA
28 Add Alternative #3 - Remove
and Replace Signs on New
Post
1 EA
ADDITIVE ALTERNATIVE #3 TOTAL:
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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, Divis ion 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 b e 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 amount 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 construction of streets and highways, then 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 work, 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 50% 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 organization been in business as a Contractor?
5.0 How many years has Bidder’s organization 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 organization 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 partnership, 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 partnership, 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 Bidder 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 officer 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 key 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 other 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 declaration 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 relating 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 Services 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 registration 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 registration 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 perjury 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 action of an investigatory government 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 Labor 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, including 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 final 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/decision/action has not been fully satisfi ed, documents evidencing a payment or other 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 Regarding 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 Milpitas, hereinafter called the City, in the pen al 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 which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, admin istrators, 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 CALAVERAS BLVD. MEDIAN IMPROVEMENT, PROJECT NO. 3468.
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 have 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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-34- 00 41 43 – BID FORMS
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whi ch 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
-35- 00 41 43 – BID FORMS
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
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/their 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
-36- 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, sometimes hereinafter called “City,” and _______________________________________________, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually 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, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
CALAVERAS BLVD MEDIAN IMPROVEMENT, PROJECT NO. 3468
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 150 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 applicable 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 Contrac t. This Article does not exclude 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
38077.00180\29080232.10
-37- 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 and regu lations, 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 SUBCONTRACTOR S 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
38077.00180\29080232.10
-38- 00 52 13 – CONTRACT
NOT BEEN FULLY SATISFIED, CONTRACTOR AFFIRMS THAT IT OR ITS
SUBCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT, DECISION OR
ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE APPLICABLE
COURT/GOVERNMENT AGENCY AND THAT 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, decision or order finding that Contractor or a subcontractor it employs to perform work under this Contract has violated any applicable wag e 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 becomes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the 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 judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws. (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 addressed 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
-39- 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 [INSERT NAME OF CONTRACTOR]
By __________________________ By: _____________________________ Matt Cano
Acting City Manager
Its: _____________________________
__________________________
Printed
Name: _____________________________
Date
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
APPROVED AS TO FORM:
By: _________________________________
Christopher Creech
Acting City Attorney
APPROVED:
By: ___________________________________
Luz Cofresi-Howe
Finance Director/Risk Manager
APPROVED AS TO CONTENT:
By: ___________________________________
Christian Di Renzo
Public Works Director
END OF CONTRACT
38077.00180\29080232.10
-40- 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/their 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
-41- 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, (hereinafter 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 Contractor 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 incorpor ated 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 assigns, 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 i n the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, 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 Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during w hich 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 continue 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
-42- 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 accordance 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 responsible 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 p rice” 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 dama ges 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 Ci ty 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 Contract 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.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
38077.00180\29080232.10
-43- 00 61 13 – BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
(The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
38077.00180\29080232.10
-44- 00 61 13 – BOND FORMS
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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/their 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
-45- 00 61 13 – BOND FORMS
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 PERFORMANCE BOND
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/their 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
-46- 00 61 13 – BOND FORMS
1.2 Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Milpitas (hereinafter designated as the “City”), by action taken or a resolution passed _______________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
__________________________________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum 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 if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provi sions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, i ncluding reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of paym ent or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to re cover on the bond and that
38077.00180\29080232.10
-47- 00 61 13 – BOND FORMS
this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
38077.00180\29080232.10
-48- 00 61 13 – BOND FORMS
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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/their 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
-49- 00 61 13 – BOND FORMS
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 PAYMENT BOND
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/their 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
GENERAL CONDITIONS
TABLE OF CONTENTS
Page
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TABLE OF CONTENTS
00 72 13 – GENERAL CONDITIONS ................................ ................................ .......................53 ARTICLE 1 DEFINED TERMS ................................ ................................ .............................53 ARTICLE 2 CONTRACT DOCUMENTS ................................ ................................ ..............57 ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION ................58 ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE ................................ 58 ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK ................................ ................................ ................................ ..............58 ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE ................................ ............59 ARTICLE 7 SOILS INVESTIGATIONS ................................ ................................ ................60 ARTICLE 8 CONTRACTOR’S SUPERVISION ................................ ................................ ....60 ARTICLE 9 WORKERS ................................ ................................ ................................ .......60 ARTICLE 10 INDEPENDENT CONTRACTORS ................................ ................................ ....61 ARTICLE 11 SUBCONTRACTS ................................ ................................ ............................61 ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY ................................ ............61 ARTICLE 13 REQUESTS FOR SUBSTITUTION ................................ ................................ ...61 ARTICLE 14 SHOP DRAWINGS ................................ ................................ ...........................63 ARTICLE 15 SUBMITTALS ................................ ................................ ................................ ...63 ARTICLE 16 MATERIALS ................................ ................................ ................................ .....63 ARTICLE 17 PERMITS AND LICENSES ................................ ................................ ...............64 ARTICLE 18 TRENCHES ................................ ................................ ................................ ......65 ARTICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS ................................ .....66 ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS ................................ ......................66 ARTICLE 21 SANITARY FACILITIES ................................ ................................ ....................66 ARTICLE 22 AIR POLLUTION CONTROL ................................ ................................ ............66 ARTICLE 23 LAYOUT AND FIELD ENGINEERING ................................ .............................. 67 ARTICLE 24 TESTS AND INSPECTIONS ................................ ................................ .............67 ARTICLE 25 PROTECTION OF WORK AND PROPERTY ................................ ....................68 ARTICLE 26 CONTRACTOR’S MEANS AND METHODS ................................ .....................68 ARTICLE 27 AUTHORIZED REPRESENTATIVES ................................ ............................... 68 ARTICLE 28 HOURS OF WORK ................................ ................................ ...........................68 ARTICLE 29 PAYROLL RECORDS; LABOR COMPLIANCE ................................ ................69 ARTICLE 30 PREVAILING RATES OF WAGES ................................ ................................ ...71
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ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION ................................ .........71 ARTICLE 32 EMPLOYMENT OF APPRENTICES ................................ ................................ .72 ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ...................72 ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS .....................73 ARTICLE 35 LABOR/EMPLOYMENT SAFETY ................................ ................................ .....73 ARTICLE 36 INSURANCE ................................ ................................ ................................ .....73 ARTICLE 37 FORM AND PROOF OF CARRIAGE OF INSURANCE ................................ ....76 ARTICLE 38 TIME FOR COMPLETION AND LIQUIDATED DAMAGES ............................... 77 ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES ................................ ................................ ................................ .....78 ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT ................................ ......................79 ARTICLE 41 SECURITIES FOR MONEY WITHHELD................................ ...........................81 ARTICLE 42 CHANGES AND EXTRA WORK. ................................ ................................ ......81 ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT ................................ ............................94 ARTICLE 44 OCCUPANCY ................................ ................................ ................................ ...95 ARTICLE 45 INDEMNIFICATION ................................ ................................ ..........................95 ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES ................................ ..................96 ARTICLE 47 CITY’S RIGHT TO TERMINATE CONTRACT ................................ ..................99 ARTICLE 48 WARRANTY AND GUARANTEE OF WORK ................................ .................. 102 ARTICLE 49 DOCUMENT RETENTION & EXAMINATION ................................ ................. 105 ARTICLE 50 SEPARATE CONTRACTS ................................ ................................ .............. 105 ARTICLE 51 NOTICE AND SERVICE THEREOF ................................ ............................... 105 ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS ................................ .............................. 106 ARTICLE 53 STATE LICENSE BOARD NOTICE ................................ ................................ 106 ARTICLE 54 INTEGRATION ................................ ................................ ............................... 106 ARTICLE 55 ASSIGNMENT OF CONTRACT ................................ ................................ ...... 106 ARTICLE 56 CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY .... 106 ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS ................................ ..................... 106 ARTICLE 58 PROHIBITED INTERESTS ................................ ................................ ............. 107 ARTICLE 59 CONTROLLING LAW ................................ ................................ ..................... 107 ARTICLE 60 JURISDICTION; VENUE ................................ ................................ ................. 107 ARTICLE 61 LAWS AND REGULATIONS ................................ ................................ ........... 107
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ARTICLE 62 PATENTS ................................ ................................ ................................ ....... 107 ARTICLE 63 OWNERSHIP OF CONTRACT DOCUMENTS ................................ ............... 108 ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST ................................ ....... 108 ARTICLE 65 SURVIVAL OF OBLIGATIONS ................................ ................................ ....... 108
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ARTICLE 1 DEFINED TERMS
Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include ref erences to identified articles and paragraphs, and the titles of other documents or forms.
A. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.
B. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.
C. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the City’s Representative determines that it is not covered by the Contract.
D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.
E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.
F. Bidder -- The individual or entity who submits a Bid directly to the City.
G. Caltrans Standard Specifications - Standard Specifications of the State of California, Department of Transportation 2024 Edition. Any reference therein to a State agency or officer shall be interpreted as if the corresponding City office or agent acting under this contract were so specified.
H. Caltrans Standard Plans - Standard plans of the State of California, Department of Transportation, 2024 Edition. All metric measurements or quantities in the Caltrans Standard Plans shall be disregarded, and equivalent United States measures used.
I. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.
J. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).
K. City -- The City of Milpitas.
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L. City Council, Council -- The City Council of the City.
M. City’s Representative -- The individual or entity as identified in the Special Conditions to act as the City’s Representative.
N. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.
O. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.
P. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.
Q. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.
R. Contract Times -- The number of days or the dates stated in the Contract Documents to: achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment.
S. Contractor -- The individual or entity with which the City has contracted for performance of the Work.
T. Contractor’s Designated On -Site Representative -- The Contractor’s Designated On-Site Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed without prior written consent of the City.
U. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties.
V. Day -- A calendar day of 24 hours measured from midnight to the next midnight.
W. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.
X. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.
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Y. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.
Z. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.
AA. Engineer, whenever not qualified, shall mean the City Engineer or its designee, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the City Council, shall be binding and final upon both parties.
BB. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the City.
CC. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II, or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.
DD. Holiday – The Holidays are defined as legal Federal, State, and City holidays including:
New Year’s Day - January 1
Martin Luther King Jr.'s Birthday – Third Monday in January President’s Day – Third Monday in February
Cesar Chavez Day – March 31
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.
EE. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.
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FF. Notice of Completion -- The form which may be executed by the City and recorded by the county where the Project is located constituting final acceptance of the Project.
GG. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.
HH. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.
II. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.
JJ. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.
KK. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.
LL. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.
MM. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.
NN. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.
OO. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.
PP. Successful Bidder -- The Bidder submitting a responsive Bid to whom the City makes an award.
QQ. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.
RR. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleu m products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
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SS. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its bid or as adjusted in accordance with the Contract Documents.
TT. Warranty -- A written guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer.
UU. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce su ch construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.
ARTICLE 2 CONTRACT DOCUMENTS
A. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.
B. Interpretations. The Contract Documents are intended to be fully cooperative and complementary. If the Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1. Change Orders
2. Contract
3. Addenda
4. Special Conditions
5. Technical Specifications
6. Plans (Contract Drawings)
7. General Conditions
8. Instructions to Bidders
9. Notice Inviting Bids
10. Contractor’s Bid Forms
11. City Standard Specifications
12. City Standard Drawings
13. Caltrans Standard Specifications, except Division 1
14. Caltrans Standard Plans
15. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings