Milpitas City Council
April 7, 2026

April 7, 2026 Milpitas City Council Agenda Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

AGENDA
TUESDAY, APRIL 7, 2026
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)

For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072

* To access written translation during the meeting, scan the QR Code.

The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person, unless the City Council approves remote public comment. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected]
The meeting will be streamed via Zoom for viewing purposes only unless the City Council approves remote public comment. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_DRdJ7LCPR3qXwJUXaKV4Zg NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

MILPITAS CITY COUNCIL CODE OF CONDUCT
• Be respectful and courteous (words, tone, and body language). • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Use electronic devices appropriately while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.

April 7, 2026 Milpitas City Council Agenda Page 2

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

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Rick Bolanos, Liebert Cassidy Whitmore Employee Organization(s): Unrepresented Employees
(b) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Jared Hernandez, Acting City Manager; Matt Cano, Assistant City Manager; and Christian Curtis, City Attorney Employee Organization(s): Unrepresented City Manager
CLOSED SESSION ANNOUNCEMENT:

Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

PLEDGE OF ALLEGIANCE
INVOCATION (Vice Mayor Barbadillo)

PRESENTATIONS
● American Muslim Appreciation & Awareness Month (Proclamation) ● Black April (Proclamation)
● Fair Housing Month (Proclamation)
● National Public Safety Telecommunicators Week (Proclamation) ● Milpitas Performing Arts Center Presentation (Commendation)

PUBLIC FORUM
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.

As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA

CONSENT CALENDAR
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

C1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)

April 7, 2026 Milpitas City Council Agenda Page 3

Recommendation: Receive City Council Calendar of Meetings for April 2026.

C2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: Approve City Council Meeting minutes of March 17, 2026.

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

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.

C5. Adopt a Resolution for Authorization to Participate in the Franchise Tax Board City/County Business Tax Program (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Recommendation: Adopt a resolution authorizing the City Manager, or designee, to (1) Enter into a Standard Agreement (STD 213) with the California Franchise Tax Board for participation in the City/County Business Tax (CCBT) Program for the reciprocal exchange of business license and tax return data; (2) Complete and submit all required program forms, including the Security Questionnaire and FTB 712 Confidentiality Statements; and (3) Execute all instruments and take all actions necessary to implement and maintain the City’s ongoing participation in the CCBT Program, including annual data submissions via the Secure Web Internet File Transfer (SWIFT) system.

C6. Consider Fee Waiver and Donation Requests from Milpitas Community Educational Endowment, Christian Worship Center Bay Area, and Positive Alternative Recreation Teambuilding Impact (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Recommendation: (1) Approve Fee Waivers for (a) Milpitas Community Educational Endowment Annual Appreciation Dinner for $521, (b) Christian Worship Center Bay Area Annual Egg Hunt for $1500, and (c) Gen Grow Empower Nurture Celebrating Neurodiversity Event for $1500; and (2) Approve Donation requests for (a) Positive Alternative Recreation Teambuilding Impact “Fusion” Milpitas Youth Community Outreach and Building Service Project kick-off event for $500, and (b) Inclusive World Community Showcase for Neurodiverse Youth & High School Volunteers for $325.

C7. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Star Construction, Inc., for the Sinnott Park Playground Renovation, CIP No. 3471 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: Adopt a resolution to (1) Approve the project plans and specifications, (2) Award the construction contract to Star Construction, Inc., the lowest responsible bidder submitting a responsive bid, in the amount of $1,208,000, (3) Authorize the City Manager, or designee, to execute the construction contract with Star Construction, Inc.; and (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $182,000 for the Sinnott Park Playground Renovation, CIP No. 3471.

April 7, 2026 Milpitas City Council Agenda Page 4

C8. Authorize the City Manager, or Designee, to Negotiate and Execute an Agreement with Environmental Innovations, Inc. for Stormwater Inspection Services (Staff Contact: Luz Cofresí- Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586- 2602)
Recommendation: Authorize the City Manager, or designee, to negotiate and execute a Professional Services Agreement with Environmental Innovations, Inc., for Stormwater Inspection Services for a five- year term and a total amount not-to-exceed of $376,180, subject to the appropriation of funds.

C9. Approve and Authorize the City Manager, or Designee, to execute Agreements with Quality Assurance Engineering, Inc. and Achievement Engineering Corp., for On-Call Inspection Services (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: Approve and authorize the City Manager, or designee, to execute Professional Service Agreements with Quality Assurance Engineering, Inc., in an amount not to exceed $700,000 and Achievement Engineering Corp. in an amount not to exceed $300,000 for on-call inspection services for a five-year term.

PUBLIC HEARINGS
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

10. Consider a Substantial Amendment to the 2025-2030 Consolidated Plan and the 2025-2026 Annual Action Plan (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3222) Recommendation: (1) Conduct the public hearing; (2) Approve a substantial amendment to the 2025- 2030 Consolidated Plan and the 2025-2026 Annual Action Plan; (3) Allocate any new program income earned after this amendment and during the 2025-2030 Consolidated Plan period to: (a) maximize the program administration cap, (b) maximize the public services cap, and (c) use the remainder to fund economic development activities or capital projects and (4) Authorize the City Manager, or designee, to make any necessary changes to the 2025-2030 Consolidated Plan and 2025-2026 Annual Action Plan.

LEADERSHIP AND SUPPORT SERVICES

11. Review the List of New Workplan Item Requests From Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Recommendation: (1) Review list of workplan item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1A items should be advanced; (2) Provide additional input to staff, if any, on Group 1A items that received Council direction to advance; and (3) By majority vote, approve the list as so prioritized.

12. Consider Introduction of an Ordinance to Amend Council Vacancy Ordinance and Reduce Special Election Costs (Staff Contact: Matt Cano, Assistant City Manager, Department, 408-586- 3012)
Recommendation: Consider introduction of an ordinance of the City Council of the City of Milpitas amending Milpitas Municipal Code Title I, Chapter 3, relating to vacancies on the City Council.

April 7, 2026 Milpitas City Council Agenda Page 5

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.

ADJOURNMENT

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail: [email protected] / Phone: 408-586-3040

The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.

Contact the City Clerk’s Office at 408-586-3005 for more information.

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3005 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.

Milpitas City Council Calendar
April 2026

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (GB)
7:00 PM-Community Housing
Commission (EC)

2 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)

3 4

5 6
7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)

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

8 12:00 PM-SCVWD Water
Commission (CM/GB) (SCVWD
Headquarters Building Boardroom,
5700 Almaden Expressway, San Jose,
CA)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Sunnyvale)
7:00 PM-Planning Commission

9 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)

10 11

12 13
4:30 PM-Economic Development and
Trade Commission (WL)

14 15
4:00 PM-City Council Finance
Subcommittee (CM/EC)
6:00 PM-Energy and Environmental
Sustainability Commission (EC)

16 17

18 19

20 7:00 PM-Science, Technology, and
Innovation Commission (WL)

21 5:00 PM-Closed Session
7:00 PM-City Council

22 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission

23 24

25 26

27 28
1:30 PM-Senior Advisory Commission
(HL)
5:30 PM-Special Council Meeting

29 12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)

30 March 2026

S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31

May 2026

S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31

March 17, 2026 Milpitas City Council Minutes Page 1

JOINT MEETING OF THE MILPITAS

CITY COUNCIL AND HOUSING AUTHORITY

MINUTES
TUESDAY, MARCH 17, 2026

The City Council of the City of Milpitas convened in a Joint Meeting of the Milpitas City Council and Housing Authority on March 17, 2026, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 3:34 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Barbadillo (5:05 PM), Councilmember Chua, Councilmember Lam ABSENT: Councilmember Lien

ADJOURN TO CLOSED SESSION
Acting City Attorney Creech briefed the public on the Closed Session items.

There was no public comment.

The City Council adjourned to Closed Session at 3:35 PM. (a) PUBLIC EMPLOYEE APPOINTMENT AND HIRING
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Manager
(b) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Jared Hernandez, Acting City Manager Employee Organization(s): Unrepresented Employees
CLOSED SESSION ANNOUNCEMENT:

The City Council reconvened at 7:17 PM. Acting City Attorney Creech had nothing to report out.

PLEDGE OF ALLEGIANCE
Councilmember Chua led the Pledge of Allegiance.

INVOCATION
Councilmember Chua provided the invocation.

PRESENTATIONS
Mayor Montano and the City Council presented certificates recognizing local women in honor of International Women's Day, presented proclamations in recognition of Cesar Chavez Day and Government Finance Professionals Week, and presented certificates recognizing First Responders.

March 17, 2026 Milpitas City Council Minutes Page 2

PUBLIC FORUM
There were the following public speakers:

1. Devki Patel

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

READING OF THE CITY COUNCIL CODE OF CONDUCT
Vice Mayor Barbadillo recited the City Council Code of Conduct.

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

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

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

CONSENT CALENDAR
Acting City Attorney Creech read aloud the title of the Ordinance introduced as part of Item C10.

There were no public comments.

After discussion, motion: to approve the Consent Calendar.

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

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

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

2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Approved City Council Meeting minutes of February 24 and March 3, 2026.

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

March 17, 2026 Milpitas City Council Minutes Page 3

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

5. Authorize and Approve Travel Request for Mayor Montano to the WELL 2026 Annual Conference in Friant, CA on March 27 - 28, 2026 (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Authorized and approved travel for Mayor Montano to attend the Water Education for Latino Leaders (WELL) 2026 Annual Conference in Friant, CA, on March 27-28, 2026, at an estimated total amount of $900, budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings.

6. Confirm Appointment of Milpitas Unified School District Representative to the Economic Development and Trade Commission (Contact: Suzanne Guzzetta, City Clerk, 408-586-3024) Confirmed appointment of the Milpitas Unified School District representative to the Economic Development and Trade Commission.

7. Authorize the City Manager, or Designee, to Negotiate and Execute a Purchase Order with Golden State Fire Apparatus, Inc. for Purchase of the Pierce Manufacturing, Inc. Velocity Heavy Duty Rescue Vehicle (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jason Schoonover, Fire Department Chief, 408-586-2811)
Adopted Resolution No. 9488 authorizing the City Manager, or designee, to negotiate and execute a Purchase Order with Golden State Fire Apparatus, Inc. to purchase one (1) Pierce Manufacturing, Inc.

Velocity Heavy Duty Rescue Vehicle for a not-to-exceed amount of $1,560,614, which includes vehicle cost, sales tax, California tire fee, and payment and performance bonds.

8. Receive the 2025 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and Authorize the Submittal of Both Reports to California Department of Housing and Community Development and Governor’s Office of Land Use and Climate Innovation (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3275; and Sarah Balcha, Senior Administrative Analyst, 408-586-3268)
Received the 2025 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and authorized the submittal of both reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Land Use and Climate Innovation (LCI).

9. 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) Received the 2025 General Plan Annual Progress Report and authorized the submittal of the report to the California Department of Housing and Community Development and Governor’s Office of Land Use and Climate Innovation.

10. 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)
(1) Adopted Resolution No. 9489 revising the Planning Commission Bylaws for procedural efficiencies; and (2) Waived reading beyond the title and introduced Ordinance No. 41.13 amending

March 17, 2026 Milpitas City Council Minutes Page 4

Section 1.07 of Milpitas Municipal Code Title 1, Chapter 500 to revise language relating to the selection of Planning Commission officers.

11. 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
Adopted Resolution No. 9490 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.

12. 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) Adopted Resolution No. 9491 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.

13. Adopt a Resolution to Award Construction Contract to Golden Bay Construction, Inc. for Calaveras Median Beautification Project, CIP No. 3468 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Adopted Resolution No. 9492 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.

PUBLIC SAFETY

14. Receive a Report on a Home Security Camera Grant Initiative and Approve the Recommended Program Delivery Structure (Staff Contact: Frank Morales, Acting Chief of Police, 408-586-2521) Acting City Manager Hernandez introduced the item and Acting Assistant Chief of Police Jamison presented the report.

There were no public speakers.

Acting Assistant Chief of Police Jamison responded to questions from City Council.

Councilmember Lam asked about issues with uploading video. Staff confirmed that a digital upload system is now in place.

Councilmember Chua expressed support for the recommended option, noting that it does not create additional administrative burden.

Vice Mayor Barbadillo asked whether camera distribution could be strategically targeted, whether a memorandum of understanding (MOU) could be used to ensure maintenance and participation, and

March 17, 2026 Milpitas City Council Minutes Page 5

whether a one-year evaluation of the program could be conducted. Staff indicated outreach would focus on high-need areas while maintaining a first-come, first-served model, and confirmed the program’s effectiveness could be tracked. The City Attorney advised that agreements could address maintenance, data retention, and privacy, but mandatory long-term consent to share footage may raise legal concerns, as participation is typically voluntary.

Mayor Montano discussed the importance of prioritizing camera placement in high-traffic or strategic locations and raised concerns about the lack of a requirement for residents to share footage despite the use of public funds.

Acting City Manager Hernandez requested clarification regarding distribution logistics and staff confirmed that multiple community events would be held over time.

Mayor Montano expressed support for Option 2 as the most efficient approach. Councilmember Chua, Vice Mayor Barbadillo, and Councilmember Lam each indicated support for Option 2.

Councilmember Lam asked whether residents could apply online and pick up cameras outside of scheduled events. Acting Assistant Chief Jamison clarified that residents would pre-register online and primarily attend distribution events, but accommodations could be made if needed.

After discussion, motion: to (1) Receive a Report on a Home Security Camera Grant Initiative; and (2) Approve Option #2, the Recommended Program Delivery Structure..

Motion/Second: Councilmember Chua / Mayor Montano
Motion carried by the following:

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

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Councilmember Lam requested that overtime reporting requirements be modified to include all overtime rather than only amounts exceeding 10% of allocated budgets. There was consensus to add the item to the prioritization list (3-1-1. Noes: Montano. Absent: Lien)

Councilmember Lam also requested information on consulting and contracting expenses. Staff agreed to provide a detailed breakdown by department with descriptions of services in spreadsheet format during the next budget study session.

ADJOURNMENT
Mayor Montano adjourned the meeting at 8:46 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 04/02/2026

April 21, 2026 – Regular Meeting

CLOSED SESSION
• Labor Relations

INVOCATION (Vice Mayor Barbadillo)

PRESENTATION
• Arts, Culture and Creativity Month (Proclamation)
• Earth Day (Proclamation)

CONSENT CALENDAR

1. Receive City Council calendar for April and May 2026 (City Clerk)

2. Approve City Council Meeting minutes of March 28, April 4 and 7, 2026 (City Clerk)

3. Preview list of items for May 5, 2026 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Commission Term Realignment (City Clerk)

6. Purchase and Sale Agreement to Acquire 230 N. Main Street from the Milpitas Community Museum (Economic Development)

7. AB 481 Report (Police)

8. Construction Contract Award for Curtis Avenue Recycled Water Repair (Public Works / Engineering)

9. Resolution to Approve Engineer's Report & Adopt Resolution of Intent to Levy & Collect Assessments and Provide Notice of Public Hearing for LLMD District No. 95-1 (Public Works / Engineering)

10. Resolution to Approve Engineer's Report & Adopt Resolution of Intent to Levy & Collect Assessments and Provide Notice of Public Hearing for LLMD District No. 98-1 (Public Works / Engineering)

11. Approve Design Equipment Service agreement for Fire Flow & Sewer Pipeline Improvement Phase 1, CIP 7150 & 6138 (Public Works / Engineering)

PUBLIC HEARING

12. 308 Sango TEFRA Hearing (Housing)

13. FY 2026-27 User & Regulatory Fee Schedule (Finance)

14. FY 2026-27 Development Impact Fee (Finance)

15. FY 2026-27 Park in-Lieu Fee (Finance)

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS

OPEN ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Overtime reporting requirements be modified to
include all overtime rather than only amounts
exceeding 10% of allocated budgets Lam 3/17/2026
An update on this item will be included in the
next quarterly prioritization update.
2 Consider shortening the name from Library and
Education Advisory Commission to Library
Commission Montano 3/3/2026
An update on this item will be included in the
next quarterly prioritization update.
3 Request a name change for Science, Technology
and Innovation Commission to the Technology
Commission Lam 3/3/2026
An update on this item will be included in the
next quarterly prioritization update.
4 City Attorney's Office to prepare a legal brief
revieweing the City Council vacancy ordinance
unchanges since 1976, including existing
framework analysis, gap identification, and
modernization recommendation. Chua 3/3/2026
An update on this item will be included in the
next quarterly prioritization update.
5 Alcohol and Massage Parlor Permits come before
the City Council. Montano 2/3/2026
An update on this item will be included in the
next quarterly prioritization update.
6 Providing city-branded jackets, hat, and t-shirts to
Councilmembers Lam 2/3/2026
An update on this item will be included in the
next quarterly prioritization update.
7 Consider allocating $300,000 from one-time funds
for a street fair during the FIFA timeframe
(June/July). Lam 1/13/2026
An update on this item will be included in the
next quarterly prioritization update.
8 Review the city's affordable housing ordinance and
agreements with developers to ensure
preservation of housing affordability policies. Barbadillo 1/13/2026 An update on this item will be included in the
next quarterly prioritization update.
9 Consider an "Adopt a Drain" program to engage
community members and students Lien 12/16/2025
An update on this item will be included in the
next quarterly prioritization update.
10 Conduct a review of commission names to better
reflect their focus Montano 11/18/2025
An update on this item will be included in the
next quarterly prioritization update.
11 Review the Council prioritization process Chua 11/18/2025 An update on this item will be included in the
next quarterly prioritization update.
12 Look into the process of establishing a Friendship
City relationship Montano 11/18/2025
An update on this item will be included in the
next quarterly prioritization update.
13 Research how public funds could be used to
advertise local restaurants during the upcoming
Super Bowl Montano 11/18/2025
An update on this item will be included in the
next quarterly prioritization update.
14 Have a community forum on the Crown Castle
Small Cell towers. Montano 11/18/2025
An update on this item will be included in the
next quarterly prioritization update.
15 Install debrillators on city properties Barbadillo 10/28/2025 An update on this item will be included in the
next quarterly prioritization update.
16 Place a billboard at the Sport Center to inform the
community about events and activities Montano 10/21/2025 An update on this item will be included in the
next quarterly prioritization update.
17 Explore the creation of small parks in
neighborhoods without them Montano 10/21/2025
An update on this item will be included in the
next quarterly prioritization update.

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
18 Increase the amount of funding for the ADU Permit
Subsidy Council 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
19 Council Special Events Fund to provide funding for
City Councilmembers to attend local, non-political,
events where their attendance is beneficial for the
City of Milpitas Montano/Chua 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
20 Add to the existing Strategic Land Acquisition
Revenue Reserve Council
An update on this item will be included in the
next quarterly prioritization update.

NOTE: Deferred and Completed Items are not listed

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
21 Storefront and Crime Prevention Initiative by
making funding available for businesses to focus
on public safety related physical improvements to
their storefronts. Montano
An update on this item will be included in the
next quarterly prioritization update.
22 Revisit the mural selection committee process to
make it more inclusive by involving all
commissioners in the Arts Commission Montano 8/19/2025
An update on this item will be included in the
next quarterly prioritization update.
23 Exapnd the Milpitas SMART program to include
service to the San Jose Airport Lam 8/12/2025
An update on this item will be included in the
next quarterly prioritization update.
24 Staff explore a program similar to San Leandro’s,
which provides Ring doorbell cameras to residents Chua 8/12/2025 An update on this item will be included in the
next quarterly prioritization update.
25 Develop a project management informational
memo. Barbadillo 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
26 Look into adding an entertainment zone to Main
Street. Montano 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
27 Staff provide a detailed analysis of overtime
expenditures by department. Barbadillo 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
28 Look into a policy to require a Super Majority vote
by Council for any deductions to budget reserves. Chua 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
29 Bring back a discussion regarding fentanyl-related
issues Barbadillo 2/18/2025
An update on this item will be included in the
next quarterly prioritization update.
30 Feasibility study regarding a police satellite office. Montano 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
31 Staff organize a job fair for City job openings Chua 11/19/2024 An update on this item will be included in the
next quarterly prioritization update.
32 Bring back a study or analysis of the permit
process Chua 11/19/2024
An update on this item will be included in the
next quarterly prioritization update.
33 Explore updating the city's business tax rate
schedule Chua 10/1/2024
An update on this item will be included in the
next quarterly prioritization update.
34 Explore funding options for new signage following
the decision to rename the Milpitas Library to the
Milpitas Jose Esteves Library Barbadillo 9/3/2024
An update on this item will be included in the
next quarterly prioritization update.
35 Look into adopting an ordinance similar to San
Jose allowing ADUs (Accessory Dwelling Units) to
have a separate title and be sold separately. Chua 8/13/2024 An update on this item will be included in the
next quarterly prioritization update.
36 Conduct a traffic study on Escuela Parkway to
address circulation concerns Montano 5/7/2024
An update on this item will be included in the
next quarterly prioritization update.
37 Explore the possibility of augmenting the Planning
Commission stipend Barbadillo 4/16/2024
An update on this item will be included in the
next quarterly prioritization update.
38 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
An update on this item will be included in the
next quarterly prioritization update.
39 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update on this item will be included in the
next quarterly prioritization update.
40 Main Street International Festival Lien 10/3/2023
An update on this item will be included in the
next quarterly prioritization update.
41 Pickleball Pilot Project Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
42 Main Street Infrastructure Projects Montano 2/28/2023 An update on this item will be included in the
next quarterly prioritization update.
43 Main Street Flooding at Library Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
44 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update on this item will be included in the
next quarterly prioritization update.
45 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update on this item will be included in the
next quarterly prioritization update.

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:

NOTE: Deferred and Completed Items are not listed

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
46 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update on this item will be included in the
next quarterly prioritization update.
47 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update on this item will be included in the
next quarterly prioritization update.
48 Consider Community Museum and Park on Main
St. Phan 8/20/2019
Discussions with the property owner of this
site are ongoing and staff is tracking
returning to council by June 2025 with an
update.

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:

NOTE: Deferred and Completed Items are not listed

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution for Authorization to Participate in the Franchise Tax Board City/County Business Tax Program (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/7/2026
Recommendation: Adopt a resolution authorizing the City Manager, or designee, to:
(1) Enter into a Standard Agreement (STD 213) with the California Franchise Tax Board for participation in the City/County Business Tax (CCBT) Program for the reciprocal exchange of business license and tax return data; (2) Complete and submit all required program forms, including the Security Questionnaire and FTB 712 Confidentiality Statements; and (3) Execute all instruments and take all actions necessary to implement and maintain the City’s ongoing participation in the CCBT Program, including annual data submissions via the Secure Web Internet File Transfer (SWIFT) system.

BACKGROUND:

The California Franchise Tax Board (FTB) administers the City/County Business Tax Program (CCBT Program), a voluntary, no-cost data exchange initiative authorized under California Revenue and Taxation Code §§ 19551.1 and 19551.5. The CCBT Program originated in 1990 as the Local Government Sharing Program and was renamed to its current form in 2016.

Under the CCBT Program, participating cities and counties provide their local business license data to FTB. In return, FTB matches that data against state income tax returns and provides the city or county with a file identifying businesses or self-employed individuals who reported activity within the jurisdiction but may not hold a local business license. The program serves a dual enforcement purpose: it helps local jurisdictions identify unlicensed businesses and helps FTB identify non-filers of state income tax returns.

The City of Milpitas does not currently participate in this program. As part of the City’s broader business license tax modernization initiative, staff recommends enrollment in the CCBT Program to strengthen identification and enforcement of unlicensed business activity within the City.

ANALYSIS:

Program Requirements
To enroll, the City must complete three steps: (1) execute an STD 213 Standard Agreement with FTB establishing the terms of the reciprocal data exchange; (2) adopt a resolution or equivalent authorization demonstrating that the City has authority to enter into the agreement; and (3) complete and return a Security Questionnaire to FTB.

The FTB Security Questionnaire is a one-time safeguard assessment that evaluates the City's information security environment to confirm that adequate physical, technical, and administrative controls are in place to protect confidential state tax data in accordance with State Administrative Manual Chapters 5100 and 5300 and National Institute of Standards and Technology Special Publication 800-53. The questionnaire is valid for the duration of the Standard Agreement. FTB will provide the questionnaire directly to the City upon initiation of the enrollment process; it is not a publicly available form.

Annual Obligations
Once enrolled, the City will be subject to the following annual requirements:

Data Submission – Between April 1 and July 31 each year, the City must transmit its business license data to FTB using the specified record layout (FTB 909) via FTB’s Secure Web Internet File Transfer (SWIFT) platform.

Data Receipt – Each December, FTB will run a match against the prior year’s state tax returns and provide the City with a file (per FTB 909A) identifying both matched records and additional businesses or individuals who reported Milpitas-based activity on their returns.

Confidentiality and Security – All City staff with access to FTB data must have a signed FTB 712 Confidentiality Statement on file and must complete annual FTB Disclosure Training. FTB data older than three years from the date of receipt must be destroyed.

Alignment with Business License Tax Modernization
Participation in the CCBT Program directly supports the City business license tax modernization effort by providing an additional tool to identify businesses operating within City limits without a valid business license.

The matched data from FTB will enable targeted outreach and enforcement, potentially increasing business license tax revenue without imposing additional tax burdens on compliant businesses.

POLICY ALTERNATIVE(S):

Alternative 1: Do Not Authorize Participation

Pros: No administrative effort required to establish or maintain the data exchange.

Cons: The City would forgo a no-cost tool for identifying unlicensed businesses, reducing the effectiveness of business license enforcement efforts. The City would also miss the opportunity to support FTB’s enforcement of state income tax return filing requirements.

Reason Not Recommended: The CCBT Program provides a proven, no-cost mechanism to enhance local revenue enforcement. The administrative burden of annual participation is minimal relative to the potential revenue recovery and compliance benefits.

PROJECT SCHEDULE/KEY MILESTONES
Upon City Council approval, staff will execute the Standard Agreement, complete registration, and submit the City business license data via SWIFT in sufficient time to meet the FTB July 31, 2026, annual submission deadline, enabling the City to receive its first matched data file from FTB in December 2026.

FISCAL IMPACT:

There is no direct cost to participate in the CCBT Program. FTB provides the data exchange infrastructure, including the SWIFT file transfer system, at no charge to participating jurisdictions. Staff time to prepare and submit the annual data file and to review the matched data returned by FTB will be absorbed within existing Finance Department workload.

Participation may result in increased business license tax revenue to the extent that matched data leads to the identification and registration of previously unlicensed businesses. The specific revenue impact cannot be quantified at this time but will be tracked and reported as part of the City’s business license tax modernization initiative.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378. The project is also an action taken by the City to enforce a permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the City or enforcement of a law, general rule, standard,

or objective, administered, or adopted by the City and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15321.

ATTACHMENT(S):
(a) Resolution
(b) FTB 1104 PC – City-County Business Tax Program Participation Guide (c) Reciprocal Data Exchange Standard Agreement (STD 213) – Redacted Exemplar (d) FTB 712 Confidentiality Statement

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS

AUTHORIZING PARTICIPATION IN THE CALIFORNIA FRANCHISE TAX

BOARD CITY/COUNTY BUSINESS TAX PROGRAM AND AUTHORIZING THE

CITY MANAGER TO EXECUTE A STANDARD AGREEMENT AND ALL

RELATED INSTRUMENTS
WHEREAS, the California Franchise Tax Board (FTB) administers the City/County Business Tax (CCBT) Program, a voluntary data exchange initiative authorized under California Revenue and Taxation Code Sections 19551.1 and 19551.5; and
WHEREAS, the CCBT Program provides for a reciprocal exchange of data between participating cities and counties and FTB, whereby participating jurisdictions submit local business license data and FTB provides matched records identifying businesses and self-employed individuals who reported activity within the jurisdiction on their state income tax returns; and WHEREAS, participation in the CCBT Program assists cities and counties in identifying unlicensed businesses operating within their jurisdictions and assists FTB in identifying businesses and individuals not filing required state income tax returns; and WHEREAS, there is no cost to either party to establish or maintain the reciprocal data exchange agreement; and
WHEREAS, participation in the CCBT Program supports the City’s business license tax modernization initiative by providing an additional tool for identifying and registering businesses operating within City limits without a valid business license; and WHEREAS, participation requires the execution of a Standard Agreement (STD 213) with FTB, completion of a Security Questionnaire, and compliance with annual data submission, confidentiality, and data destruction requirements; and
WHEREAS, the City Council finds that participation in the CCBT Program is in the best interest of the City of Milpitas and its residents.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Milpitas does hereby resolve 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. Authorization to Enter Into Agreement. The City Manager, or designee, is hereby authorized to enter into a Standard Agreement (STD 213) with the California Franchise Tax Board for participation in the City/County Business Tax Program for the reciprocal exchange of business license and tax return data.

3. Authorization to Execute Related Instruments. The City Manager, or designee, is hereby authorized to complete and submit all required program forms, including the Security Questionnaire and FTB 712 Confidentiality Statements, and to execute all instruments and take

2 Resolution No. XXXX
all actions necessary to implement and maintain the City’s ongoing participation in the CCBT Program, including annual data submissions via the Secure Web Internet File Transfer (SWIFT) system.

4. Compliance with Program Requirements. The City Manager shall ensure that all City staff with access to FTB data maintain signed FTB 712 Confidentiality Statements on file, complete annual FTB Disclosure Training, and that FTB data older than three years from the date of receipt is properly destroyed, in accordance with the terms of the Standard Agreement and applicable law.

5. Effective Date. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this 21st day of April, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montaño, Mayor

APPROVED AS TO FORM:

Christian Curtis, City Attorney

Table of

FTB 1104 PC (NEW 03-2022)

City/County Business Tax
Program Participation Guide

FTB 1104 (NEW 03-2022)
Program Overview
Background
Program Benefits
Administrative Costs
Authority
Participation Requirements
Eligibility
City/County Business Tax (CCBT) Annual Processes
Request to Participate
Annual File Submission Process
Secure Web Internet File Transfer (SWIFT)
Benefits of SWIFT
SWIFT Registration
Contacts and Resources
Contact Information
List of Forms

FTB 1104 (NEW 03-2022)
Program Overview
Background
Cities and Counties participating in the City/County Business Tax (CCBT) Program provide their local business license data to the Franchise Tax Board (FTB). In exchange, FTB will provide cities/counties data from our records indicating business activity located in the city/county by name. This data exchange helps FTB find businesses not filing required tax returns and helps cities/counties find unlicensed businesses in their jurisdiction.

The program originated in the 1990s and has had a series of name changes over the years:
• 1990: Local Government Sharing Program
• 2009: City Business Tax Program
• 2016: City/County Business Tax Program
Program Benefits
The data received from FTB assists cites/counties in their enforcement efforts to identify unlicensed individuals or businesses.

FTB uses the data received from cities/counties to identify self-employed individuals or businesses who are not filing required state income tax returns.

Administrative Costs
There are no costs to either party when a reciprocal agreement is established.

Authority
The CCBT Program operates under California Revenue and Taxation Code (R&TC) Sections 19551.1 and 19551.5, which authorize a reciprocal agreement for the exchange of city/county business tax and confidential information between a city/county and FTB.

FTB 1104 (NEW 03-2022)
Participation Requirements
Eligibility
Participation in the CCBT Program is voluntary. Cities and counties in the state of California may be eligible if allowed by their local regulations, and if they can meet all of the following requirements:

1. Establish a standard CCBT reciprocal data exchange agreement with FTB.

2. Provide FTB with a copy of a current resolution, order, or minutes indicating the City/County has authority to enter into such an agreement.

3. Complete a Security Questionnaire.

CCBT Annual Processes
Once a data exchange agreement has been established, the CCBT Process consists of three annual steps:

1. Participants in the CCBT Program submit a file with their business tax licensee data to FTB each year between April 1 and July 31, using the specified FTB 909, Record Layout for Data Transmitted to Franchise Tax Board. Go to ftb.ca.gov and search for 909.

2. In turn, each year during the month of December, FTB will run a match process against the data provided by the participant. We will match the data against the prior year’s tax returns. The match process will result in a file reflecting both matches of the records submitted by the city or county, as well as additional businesses or individuals who have indicated on their return that they conduct business in the participating city or county. Refer to FTB 909A, Record Layout for Data Transmitted to Cities. Go to ftb.ca.gov and search for 909A.

3. Annually, participants have a responsibility to ensure:
a. All staff with access to FTB data have a signed FTB 712, City/County Business Tax Program Confidentiality Statement, on file at the city/county. Go to ftb.ca.gov and search for 712.
b. All staff with access to FTB data have completed an annual review of FTB’s Disclosure Training.
c. FTB data older than three years from receipt has been destructed.

FTB 1104 (NEW 03-2022)
Request to Participate
To participate in the CCBT program, send an email to the City/County Business Tax Program at [email protected] requesting to participate, and we will initiate the process to coordinate your participation in the next annual cycle.

Interested cities/counties will receive an STD. 213, Standard Agreement, to complete and sign. Return the agreement and supporting documents to us by the due date provided.

The city/county will need to complete all of the following requirements:
• Email the agreement with electronic signature back to us by the due date. • Obtain a resolution, order, motion, or ordinance stating that the city/county has authorization to enter this Standard Agreement.
• Complete and return the Security Questionnaire.

The Standard Agreement includes:

1. Scope of Work.

2. General Terms and Conditions.

3. Special Terms and Conditions.

4. City/County Record Format Specifications.

5. FTB Record Layout Specifications.

6. Confidentiality Agreement.

Next Steps:

Once we receive your completed and signed forms, you will:

1. Receive a fully executed original copy of your Standard Agreement.

2. Be registered for a Secure Web Internet File Transfer (SWIFT) Account.

3. Receive instructions on how to use SWIFT.

4. Transmit your file using SWIFT during the annual submission cycle established in the agreement.

Annual File Submission Process
SWIFT
Secure Web Internet File Transfer (SWIFT) is FTB’s required method for external file transfers. SWIFT provides a secure means for transferring files to and from FTB, and it meets file transfer needs of government agencies and external business customers.

FTB 1104 (NEW 03-2022)
Benefits of SWIFT
Using SWIFT is easy. The SWIFT User Guide is available online to assist you, and upon request, FTB will provide an Excel spreadsheet template and instructions to help you convert your paper requests to a SWIFT format in accordance with the record layout. Go to ftb.ca.gov and search for swift.

SWIFT ensures fast and secure data transmission between FTB and participating cities/counties.

Data sent from FTB is instantly received by participating cities/counties moments after it’s sent.

An automated email is generated upon receipt to notify you that your file has been received.

You also have the option to download a receipt.

SWIFT Registration
Once an agreement has been executed, CCBT Program staff will contact you to register your new SWIFT account.

During registration, you will designate contact(s) for file transfer notifications. If your contacts include more than one person, we suggest using a group email ID.

SWIFT sends your agency a temporary password once you register, which can be immediately changed to one of your choosing. You must change the temporary password once you receive it and update your password once a year. SWIFT will not prompt you before your password expires.

Go to swift.ftb.ca.gov to log in. Use your SWIFT email ID assigned at registration and your temporary password.

Contacts and Resources
Contact Information
Our staff can provide services and support, such as:
• Answer program questions.
• Register, revise, or reset your SWIFT account password. • Facilitate coordination with our technical team for data transmission issues.

Address:

CITY/COUNTY BUSINESS TAX PROGRAM MS A181

FRANCHISE TAX BOARD
PO BOX 2966
RANCHO CORDOVA CA 95741-2966
Email: [email protected]
Confidential account information should not be sent through email.

FTB 1104 (NEW 03-2022)
List of Forms
Use the following forms to participate in the CCBT Program. Go to ftb.ca.gov and search for CCBT to get the most recent versions.

Form Number and Name Intended Use
FTB 712 - City/County Business Tax Program
Confidentiality Statement
Acknowledge receipt and care of FTB data
Annual Security and Disclosure Training Annual mandatory training for all city/county employees with access to FTB data
SWIFT User Guide Assists participating cities and counties on the setup and use of their SWIFT account
FTB 909 - Record Layout – Files to FTB Record layout for transmitting files to FTB FTB 909A - Record Layout – Files from FTB Record layout used by FTB to transmit files to participating cities/counties

FTB 712 PC (REV 08-2025)
City/County Business Tax Program Confidentiality Statement Confidential tax data is protected from disclosure by law, regulation, and policy. Information security is strictly enforced; violators may be subject to disciplinary, civil, and/or criminal action. Protecting confidential tax data is in the best interest of the city, county, and state.

City/County Employee Acknowledgment
As a city/county employee, you are required to protect all information received from the Franchise Tax Board (FTB).

To protect confidential tax data, you must:
• Access or modify tax data solely to perform official duties. • Never access, inspect, or use tax data for curiosity or personal reasons. • Never show or discuss confidential tax data with anyone who does not have an authorized need to know. • Never remove confidential tax data from your worksite without authorization. • Place confidential tax data in approved locations only.

Unauthorized inspection, access, use, or disclosure of confidential tax data is a crime under state laws including, but not limited to, California Revenue and Taxation Code Sections 19542, 19542.1, and 19552 and Penal Code Section 502.

Unauthorized access, inspection, use, or disclosure may result in any or all of the following:
• State criminal action.
• Taxpayer civil action.
• Criminal fines.

I certify that I have read the confidentiality statement printed on this form. I further certify and understand that unauthorized access, inspection, use, or disclosure of confidential information may be punishable as a crime and may result in disciplinary and/or civil action against me.

Signature Authorization
If I choose to sign this form electronically, I agree that my electronic signature is a legally binding equivalent to my handwritten signature on a paper form.

Employee name
Employee signature Date
Each city/county employee accessing FTB data must retain a signed copy of this form and provide it to FTB upon request.

STATE OF CALIFORNIA
DISCLOSURE OFFICE MS A181

FRANCHISE TAX BOARD
PO BOX 1468
SACRAMENTO CA 95812-1468

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Consider Fee Waiver and Donation Requests from Milpitas Community Educational Endowment, Christian Worship Center Bay Area, Inclusive World, Gen Grow Empower Nurture, and Positive Alternative Recreation Teambuilding Impact (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure

Meeting Date: 4/7/2026
Recommendation: (1) Approve Fee Waivers for (a) Milpitas Community Educational Endowment Annual Appreciation Dinner for $521, (b) Christian Worship Center Bay Area Annual Egg Hunt for $1,500, and (c) Gen Grow Empower Nurture Celebrating Neurodiversity Event for $1,500; and
(2) Approve Donation Requests for (a) Positive Alternative Recreation Teambuilding Impact “Fusion” Milpitas Youth Community Outreach and Building Service Project kick-off event for $500 and (b) Inclusive World Community Showcase for Neurodiverse Youth & High School Volunteers for $325.

BACKGROUND:

Staff have received three (3) Fee Waiver and two (2) Donation requests from five (5) non-profit organizations for City Council consideration.

ANALYSIS:

Five Donation and Fee Waiver/Reduction Policy request applications were received by the Recreation and Community Services Department from the Milpitas Community Educational Endowment, Christian Worship Center Bay Area, Inclusive World, Gen Grow Empower Nurture (GGEN), and Positive Alternative Recreation Teambuilding Impact (PARTI).

Fee Waiver Requests
Milpitas Community Educational Endowment, GGEN, and Christian Worship Center Bay Area submitted the required application and documentation for their respective events:

- Facility Rental Application and Permit
- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter

Milpitas Community Educational Endowment is requesting the City Council waive eligible fees for facility rental hourly fees in the amount of $521 for their Annual Appreciation Dinner at the Milpitas Senior Center Community Room on May 1, 2026. Fees ineligible for waiver are the application fee, refundable rental security/damage deposits, and staff fees.

Christian Worship Center Bay Area is requesting the City Council waive eligible fees for facility rental hourly fees and special event permit fees in the amount of $1,500 for their Annual Egg Hunt at Starlite Park on April 4, 2026. Fees ineligible for waiver are the application fees, refundable rental security/damage deposits, and staff fees.

GGEN is requesting the City Council waive eligible fees for facility rental hourly fees in the amount of $1,500 for their Celebrating Neurodiversity event at the Milpitas Community Center Auditorium on May 3, 2026. Fees ineligible for waiver are the application fee, refundable rental security/damage deposits, and staff fees.

Donation Requests
Inclusive World and PARTI submitted the required application and documentation for their respective events:

- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter

Inclusive World is requesting the City Council make a donation in the amount of $325 to their World Community Showcase for Neurodiverse Youth & High School Volunteers on May 3, 2026, at the Senior Center Community Room.

PARTI is requesting the City Council make a retroactive donation in the amount of $500 to their “Fusion” Milpitas Youth Community Outreach and Building Service Project kick-off event on March 26, 2026, at Dave and Busters.

The Milpitas City Council adopted an updated “City Council Donation and Fee Waiver/Reduction Policy” on June 21, 2022. Per the policy, eligible organizations can request City fees to be waived up to $1,500 or a donation amount up to $500 to be granted upon request. Eligible organizations are defined as “a non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency; Non-discriminatory, and non-political in nature.” Fee Waiver or Donation requests for events must provide a community benefit within the City of Milpitas proper. Applying organizations must provide proof of non-profit status from the federal Internal Revenue Service or the state Franchise Tax Board.

As required, Milpitas Community Educational Endowment, Christian Worship Center Bay Area, GGEN, Inclusive World, and PARTI have provided a copy of their respective determination letters from the Internal Revenue Service stating they are a tax-exempt organization. All applicants meet the requirements as outlined in the Council adopted Donation and Fee Waiver/Reduction Policy.

POLICY ALTERNATIVE(S):

Alternative: Do not approve any one or combination of received fee waivers and donation applications as requested.

Pros: The City’s General Fund will not incur the costs of the fees waived.

Con: Denial of the request may not allow the non-profit organization to hold their events.

Reason not recommended: The requests are consistent with the Council approved Policy.

FISCAL IMPACT:
$25,000 was approved and included in the FY 2025-26 City Operating budget for City Council’s Unallocated Community Promotions with a current balance of $21,281. If this request is approved by the City Council, then $16,935 will remain for this program in the current year’s budget.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. Even if a project, the action is exempt from further CEQA review pursuant to Cal. Code Regs., tit. 14, § 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

ATTACHMENT(S):
(a) Milpitas Community Educational Endowment Application (b) Milpitas Community Educational Endowment Internal Revenue Service (IRS) non-profit letter (c) Christian Worship Center Bay Area Application
(d) Christian Worship Center Bay Area Internal Revenue Service (IRS) non-profit letter (e) PARTI Application
(f) PARTI Internal Revenue Service (IRS) non-profit letter (g) GGEN Application
(h) GGEN Internal Revenue Service (IRS) non-profit letter (i) Inclusive World Application
(j) Inclusive World Internal Revenue Service (IRS) non-profit letter

City of Milpitas City Council Non-Profit Donation/Fee Waiver Request Program Application Form #49
Name of Organization Milpitas Community Educational Endowment Is there a Milpitas Branch or Affiliation? - Yes
Organization Address (as listed on your 501 (c) 3) 1331 E Calaveras Blvd Milpitas, CA 95035
United States
Organization Web Site https://mceefoundation.org
Organization Contact Name Rob Jung
Organization Contact Phone (408) 883-3813
Organization Contact Email [email protected]
Request Type - Fee Waiver (up to $1,500)
Requested Amount (request types cannot be
combined or exceed maximum listed amounts)
521.00
Description of Use of Funds/Fees to be Waived Rental and Application fees Event Name Annual Appreciation Dinner
Event Date(s) May 01, 2026
Event Location (Facility Name and Address) MSRC Community Room Is your Event Open to the Public Yes
What is you anticipated Event attendance? 150
What is the purpose of the Event?
To recognize the people who significantly made an impact in helping us deliver programs and experiences to MUSD students and support the MCEF organization. Also, to help raise funds for the upcoming year's programs.

Is your event a Fundraiser Yes
What percentage of your event fundraising
proceeds will benefit the Milpitas Community?
60% or more
How will the Milpitas Community Benefit from this Event? When our students succeed, Milpitas thrives. This event provides students with the skills and experiences they need to become active, engaged citizens who contribute back to our local economy and community culture.

How will the City's contribution (if approved) be recognized in event media and publicity? The city's contribution will be recognized on our website, social media, and in the dinner program.

Upload your Entity Status Letter (Entity Name
listed on this application must match the Entity
Status Letter Name)
MCEE Letter of Determination (2) (1).pdf
Within 60 days after completion of the event for
which a donation was received or a fee waiver
was granted by the City of Milpitas, your
organization will provide a report to the Director
of Recreation and Community Services to include
at minimum: number of participants, copies of all
publicity of the event, any benefit to the
community, amount of funds raised and an
accounting of how the proceeds of the event will
be dispersed.

Failure to abide by the rules and procedures set
forth in the City Council Donation/Fee Waiver

Policy will result in the organization being denied
for funding and/or fee waiver in the future.

Draw your signature into the box below.

City of Milpitas City Council Non-Profit Donation/Fee Waiver Request Program Application Form #50
Name of Organization Christian Worship Center Bay Area
Is there a Milpitas Branch or Affiliation? - Yes
Organization Address (as listed on your 501 (c) 3) 241 S. Main St Milpitas, CA 95035
United States
Organization Web Site https://www.cwcbayarea.com/
Organization Contact Name Steven Hinojosa
Organization Contact Phone (408) 263-0406
Organization Contact Email [email protected]
Request Type - Fee Waiver (up to $1,500)
Requested Amount (request types cannot be
combined or exceed maximum listed amounts)
1500
Description of Use of Funds/Fees to be Waived Funds will be used to pay vendors, purchase easter eggs as well as cover any remaining fees we may acquire due to the size of the event.

Event Name Community Easter Egg Hunt
Event Date(s) Apr 04, 2026
Event Location (Facility Name and Address) Starlite Park, 450 Rudyard Dr. Milpitas, CA 95035 Is your Event Open to the Public Yes
What is you anticipated Event attendance? 500
What is the purpose of the Event?
To provide an opportunity for families to get together and enjoy a day to celebrate Easter with a traditional fun Easter Egg Hunt with fun, along with other free activities such as jumpers, and face painting.

Is your event a Fundraiser No
What percentage of your event fundraising
proceeds will benefit the Milpitas Community?
None, this is not a fundraiser
How will the Milpitas Community Benefit from this Event? As this event is free, we are providing free entertainment and creating an opportunity for families to have quality time together.

How will the City's contribution (if approved) be recognized in event media and publicity? A thanks will be provided on our social media platforms as well as in our video recap.

Upload your Entity Status Letter (Entity Name
listed on this application must match the Entity
Status Letter Name)
Image type unknown
501C3 copy.jpeg
Within 60 days after completion of the event for
which a donation was received or a fee waiver
was granted by the City of Milpitas, your
organization will provide a report to the Director
of Recreation and Community Services to include
at minimum: number of participants, copies of all
publicity of the event, any benefit to the
community, amount of funds raised and an

accounting of how the proceeds of the event will
be dispersed.

Failure to abide by the rules and procedures set
forth in the City Council Donation/Fee Waiver
Policy will result in the organization being denied
for funding and/or fee waiver in the future.

Draw your signature into the box below.

City of Milpitas City Council Non-Profit Donation/Fee Waiver Request Program Application Form #51
Name of Organization Positive Alternative Recreation Teambuilding Impact Is there a Milpitas Branch or Affiliation? - Yes
Organization Address (as listed on your
501 (c) 3)
2576 Gumdrop Dr.

San Jose, Ca 95148
United States
Organization Web Site https://www.partiprogram.com
Organization Contact Name Winston Ashby
Organization Contact Phone (408) 561-4664
Organization Contact Email [email protected]
Request Type - Donation (up to $500)
Requested Amount (request types cannot
be combined or exceed maximum listed
amounts)
$500
Description of Use of Funds/Fees to be
Waived
To fund initial Milpitas youth community outreach and building service project
Event Name Fusion
Event Date(s) Mar 26, 2026
Event Location (Facility Name and
Address)
940 Great Mall Dr, Milpitas, CA 95035
Is your Event Open to the Public Yes
What is you anticipated Event
attendance?
20 What is the purpose of the Event?

Over:

To work/support 20 high school students across Milpitas and 8th grade students in all middle schools. They will gather to produce a culminating activity in April/May and perform/speak and share at the Milpitas Juneteenth and other Milpitas summer activities.

Beginning March 27 through May, Two PARTI staff will work with 20 high school students and middle school (8th grade) students across Milpitas schools through approximately 10 program contacts/sessions. During these sessions, youthwill collaborate to research the history and significance of Juneteenth, develop creative presentations, and build skillsin storytelling, teamwork, and event preparation. Youth participants will design and produce a culminatingpresentation and performance that highlights themes of freedom, resilience, community leadership, and culturalawareness.

Milpitas High School students, Breana Q. and Anjelica M. are the organization's student co-leaders and Mr. Chris Norwood, Milpitas Superintendent of schools, will serve as an honorary advisor and project connector to all Milpitas schools.

Is your event a Fundraiser No
What percentage of your event
fundraising proceeds will benefit the
Milpitas Community?
None, this is not a fundraiser
How will the Milpitas Community Benefit from this Event? This project is needed in Milpitas because many young people lack consistent opportunities to engage in leadership development, cultural education, and community-based civic activities that strengthen identity, belonging, and positive peer connections. As schools and local systems increasingly focus on academic performance and crisis- response services, fewer structured programs exist that allow youth to explore history, culture, and community leadership in creative ways.

Milpitas is a diverse city with students from many cultural backgrounds, yet youth often have limited platforms to share their voices publicly or participate in community events as leaders. Programs that connect students to cultural heritage—such as Juneteenth—help youth understand important moments in American history while building respect, inclusion, and cross-cultural awareness within the community.

This project addresses those needs by engaging 20 high school and middle school students through 10 program sessions where they learn about the historical significance of Juneteenth, develop communication and performance skills, and collaborate on a culminating presentation. The program provides mentorship, structured learning, and opportunities for youth to practice public speaking, creative expression, and teamwork.

By presenting their work at the Milpitas Juneteenth celebration and other summer community events, youth gain real- world leadership experience and a platform to contribute positively to their city. This initiative helps strengthen youth confidence, civic participation, and community pride while creating safe and meaningful engagement opportunities for Milpitas students.

How will the City's contribution (if approved) be recognized in event media and publicity? f approved, the City of Milpitas will be prominently recognized as a key community partner and supporter of youth leadership and cultural education throughout the project and at the culminating Juneteenth activity.

The City’s support will be acknowledged through multiple media, promotional, and event visibility opportunities, including:

Event Promotion and Marketing
The City of Milpitas logo will be included on all digital and printed promotional materials, including event flyers, social media graphics, and community announcements.

Recognition in social media posts and event promotions across PARTI platforms highlighting the City’s support of Milpitas youth.

Inclusion in email newsletters and community outreach communications sent to local schools, families, and community partners.

Event Recognition
Verbal acknowledgment of the City of Milpitas as a supporting partner during the Juneteenth program and youth presentations.

Opportunity for a City representative to provide welcome remarks or recognition during the event.

Display of the City logo on event signage, stage backdrops, or program materials where applicable.

Community and Media Visibility
Recognition in post-event recaps, press outreach, and community impact summaries highlighting the City’s investment in youth leadership and cultural programming.

Tagging and acknowledgement of the City of Milpitas in event photos, videos, and social media coverage shared after the event.

Through these efforts, the City of Milpitas will receive visible recognition as a champion of youth development, civic engagement, and cultural celebration in the community.

Upload your Entity Status Letter (Entity
Name listed on this application must
match the Entity Status Letter Name)
501 c 3 Letter (1).pdf
Within 60 days after completion of the
event for which a donation was received
or a fee waiver was granted by the City of
Milpitas, your organization will provide a
report to the Director of Recreation and
Community Services to include at
minimum: number of participants, copies
of all publicity of the event, any benefit
to the community, amount of funds
raised and an accounting of how the
proceeds of the event will be dispersed.

Failure to abide by the rules and
procedures set forth in the City Council
Donation/Fee Waiver Policy will result in
the organization being denied for funding
and/or fee waiver in the future.

Draw your signature into the box below.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Star Construction, Inc., for the Sinnott Park Playground Renovation, CIP No. 3471 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586- 3303)
Category: Consent Calendar-Community Development
Meeting Date: 4/7/2026
Recommendation: Adopt a resolution to (1) Approve the project plans and specifications, (2) Award the construction contract to Star Construction, Inc., the lowest responsible bidder submitting a responsive bid, in the amount of $1,208,000, (3) Authorize the City Manager, or designee, to execute the construction contract with Star Construction, Inc.; and (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $182,000 for the Sinnott Park Playground Renovation, CIP No. 3471.

BACKGROUND:

Sinnott Park is a 4.7-acre neighborhood park located in the southeastern corner of the City that was originally constructed in 1967 and expanded in 1970; the play equipment was last replaced in 1991. The adopted 2021 Parks & Recreation Master Plan identified several amenities of the park to be aging and outdated, and required to be either replaced or upgraded as they no longer complied with ADA standards. On August 9, 2021, City Council approved an allocation of approximately $4.4 million of the American Rescue Plan Act (ARPA) funding to address immediate health and safety repairs and short-term improvements of parks in critical and poor condition at 20 parks. Sinnott Park received approximately $500,000 to upgrade/improve amenities and complete the conceptual design and community outreach for the renovation of the playground. In 2024, the City completed several improvements of amenities that included relocation of the picnic area, ADA upgrades in the restroom, replacement of aging fitness equipment and benches, and resurfaced portion of decomposed granite pathway system as part of the ARPA Park Rehabilitation Phase 2, CIP No. 3501.

Staff held community meetings to gather community feedback on the proposed conceptual designs on February 5 and April 9, 2025, and presented the preferred conceptual design to the Parks, Recreation & Cultural Resources Commission (PRCRC) and received their support on May 5, 2025. As part of the adoption of the 2025-2029 Capital Improvement Program, staff presented the conceptual design to the City Council and they approved Sinnott Park Playground Renovation, CIP No. 3471 (Project) to fund the Design Service Agreement with Callander Associate Landscape Architect, Inc. to finalize the design documents for construction. As part of the adopted 2026-2030 Capital Improvement Program, the City Council approved the funding to construct a new all-inclusive playground in compliance with ADA regulations. The work will include installation of play equipment for all ages and abilities, rubberized surfacing and perimeter fencing; resurfacing portion of decomposed granite pathway system; landscape and irrigation improvements; and concrete and storm drain improvements.

ANALYSIS:

The Project was advertised on the City’s eProcurement system, OpenGov Procurement, and digital construction trade publication on January 30, 2026, and in the Milpitas Post on January 30 and February 6, 2026, in accordance with the bidding requirement of the Uniform Public Construction Cost Accounting Act and Milpitas Municipal Code Section I-2-3.08 – Formal Bid Procedures. The Project was also posted at Milpitas City Hall, Sports Center, and Senior Center as per City Council direction and Government Code section 36933.

The bid opening was held on March 3, 2026, and thirteen (13) sealed bids were received with base prices ranging from $1,208,000 to $1,574,000. The Council’s agenda packet includes detailed information about the Project’s Plan and Specifications (Attachment B), and the Engineer’s Construction Estimate and the Bid Results for the Project’s base bid (Attachment C). The Summary of Bid Results is as follows:

Bidder Location Bid
Engineer's Construction Estimate - $1,279,551.00

Star Construction, Inc. San Bruno, CA $1,208,000.00
Bosco Construction Services, Inc. San Jose, CA $1,236,246.00 Western State Builders, Inc. San Marcos, CA $1,246,479.00 Frontline General Engineering Construction, Inc. San Lorenzo, CA $1,328,649.72 Raposo Engineering, Inc. Hayward, CA $1,331,135.00
R.E Schultz Construction, Inc. Orange, CA $1,348,500.00 Interstate Grading & Paving, Inc. So. San Francisco, CA $1,367,800.00 Suarez & Munoz Construction, Inc Hayward, CA $1,397,500.00 Redwood Engineering Construction Redwood City, CA $1,422,000.00 Galeb Paving, Inc. Saratoga, CA $1,470,580.00
Mark Lee & Yong Kay, Inc., DBA Bay Construction Co. Oakland, CA $1,517,500.00 S&H Construction, Inc. Fremont, CA $1,560,000.00
CWS Construction Group, Inc. Novato, CA $1,574,000.00

The bid pricing received varies between 6% below to 23% over the Engineer’s Construction Estimate. The variation is likely due to various factors including, 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 Star Construction, Inc., the apparent lowest bidder and found their bid proposal to be responsive. The Notice of Intent to Award Contract (Attachment D) to Star Construction, Inc. was posted on OpenGov Procurement and no bid protests were filed with the City. Staff recommend awarding the construction contract in the amount of $1,208,000 to Star 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 $182,000, which is approximately 15% of the total contract value. As previously approved for the successful completion of recent projects with tight completion schedules, staff are requesting the use of the same change order policy used for previous project (Attachment E). 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 early 2027.

POLICY ALTERNATIVE(S):

Alternative 1: Do not award the construction contract to Star Construction, Inc.

Pros: The current funding for the Project will be reallocated to other infrastructure needs.

Cons: The Project will not proceed, and the existing playground will continue to deteriorate. The aging playground equipment is increasingly difficult to maintain and does not fully meet current ADA standards,

which limits its usability for the community. Continued delay would also require additional maintenance efforts to preserve the playground’s appearance and safety.

Reason for Not Recommending: The playground was last updated in 1991 and is long overdue for replacement. Postponing the project would likely result in higher construction costs due to inflation and changing market conditions and may pose risk and liability to the City as the playground no longer complies with ADA regulations.

FISCAL IMPACT:

As of March 15, 2026, the available funding in the Project is $1,690,000, which is sufficient to fully fund and award the contract. The following is the summary of estimated construction cost:

Base Bid $ 1,208,000
15% Construction Contingency $ 182,000
Total $ 1,390,000

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The Project entails replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15302.

ATTACHMENT(S):
(a) Resolution
(b) Project Plan and Specifications
(c) Bid Results Summary
(d) Notice of Intent to Award Contract
(e) Construction Change Order Policy

RESOLUTION NO. ______

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

CONSTRUCTION CONTRACT TO THE LOWEST RESPONSIBLE BIDDER
SUBMITTING A RESPONSIVE BID, STAR CONSTRUCTION, INC., IN A TOTAL AMOUNT OF $1,208,000; AUTHORIZE THE CITY MANAGER, OR

DESIGNEE, TO EXECUTE THE CONSTRUCTION CONTRACT WITH STAR CONSTRUCTION, INC.; AND AUTHORIZE THE PUBLIC WORKS DIRECTOR

TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT TO EXCEED $182,000 FOR THE SINNOTT PARK PLAYGROUND RENOVATION, PROJECT NO. 3471.

WHEREAS, Sinnott Park is a 4.7-acre neighborhood park located in the southeastern corner of the City that was originally constructed in 1967 and expanded in 1970, and the play equipment was last replaced in 1991. The adopted 2021 Parks & Recreation Master Plan identified several amenities of the park to be aging and outdated, and required to be either replaced or upgraded as they no longer complied with ADA standards. In 2021, City Council approved an allocation of approximately $4.4 million of the American Rescue Plan Act (ARPA) funding to address immediate health and safety repairs and short-term improvements of parks in critical and poor condition at 20 parks. Sinnott Park received approximately $500,000 to upgrade/improve amenities and complete the conceptual design and community outreach for the renovation of the playground. In 2024, the City completed several improvements of amenities that included relocation of the picnic area, ADA upgrades in the restroom, replacement of aging fitness equipment and benches, and resurfaced portion of decomposed granite pathway system as part of the ARPA Park Rehabilitation Phase 2, CIP No. 3501; and

WHEREAS, staff held community meetings to gather community feedback on the proposed conceptual designs on February 5 and April 9, 2025; and presented the preferred conceptual design to the Parks, Recreation & Cultural Resources Commission (PRCRC) and received their support on May 5, 2025; and

WHEREAS, as part of the adoption of 2025-2029 Capital Improvement Program, staff presented the conceptual design to the City Council and they approved Sinnott Park Playground Renovation, CIP No. 3471 (“Project”) to fund the Design Service Agreement with Callander Associate Landscape Architect, Inc. to finalize the design documents for construction; and

WHEREAS, as part of the adopted 2026-2030 Capital Improvement Program, City Council approved the funding to construct a new all-inclusive playground in compliance with ADA regulations for the Project that includes the installation of play equipment for all ages and abilities, rubberized surfacing and perimeter fencing; resurfacing portion of decomposed granite pathway system; landscape and irrigation improvements; and concrete and storm drain improvements; and

WHEREAS, the Project entails replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15302; and

WHEREAS, the Project was advertised on City’s eProcurement system, OpenGov Procurement and digital construction trade publications on January 30, 2026, and in the Milpitas Post on January 30,

2 Resolution No. xxxx
2026, and February 6, 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 $1,279,551; and

WHEREAS, on March 3, 2026, thirteen (13) sealed bid proposals were received and the base bid pricing ranged from $1,208,000 to $1,574,000; and

WHEREAS, the lowest responsible bidder submitting a responsive bid is Star Construction, Inc., in the base bid amount of $1,208,000.00; and

WHEREAS, the Notice of Intent to Award Contract to Star 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 to award the construction contract to Star Construction, Inc., the lowest responsible bidder submitting a responsive bid, for the Project, and authorize the City Manager to execute the construction contract for the Base Bid in the amount of $1,208,000 in accordance with State law; and

WHEREAS, sufficient funds are available in the Project to award the contract to Star Construction, Inc. in the total amount of $1,208,000; 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 $182,000; 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; and

WHEREAS, staff recommend the City Council approve the project plans and specifications; and

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

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

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

3. The City Council hereby awards the construction contract to and authorizes the City Manager, or designee, to execute the contract and related documents with the lowest responsible bidder submitting a responsive bid, Star Construction, Inc., in the amount of $1,208,000 for the Project. The City Manager or their designee is authorized to execute a contract with Star Construction, Inc., LLC not to exceed this amount and take all necessary actions to effectuate this award.

3 Resolution No. xxxx

4. The Public Works Director is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $182,000 for the Project.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montaño, Mayor

APPROVED AS TO FORM:

Christian Curtis, City Attorney

38077.0
0180\29080232.10 C2

TABLE

OF CONTENTS
Page

-i- 00 11 16
– NOTICE INVITING BIDS

00 11 16
– NOTICE INVITING BIDS ......................................................................................... 1 00 21 13
– INSTRUCTIONS TO BIDDERS ............................................................................... 4 00 41 43
– BID FORMS ...........................................................................................................13 00 52 13
– CONTRACT ...........................................................................................................34 00 61 13
– BOND FORMS .......................................................................................................39 00 72 13
– GENERAL CONDITIONS .......................................................................................51 00 73 13
– SPECIAL CONDITIONS ....................................................................................... 107 01 00 00
– GENERAL REQUIREMENTS ............................................................................... 110 01 20 00
– MEASUREMENT AND PAYMENT ....................................................................... 130 TEC
HNICAL SPECIFICATIONS ............................................................................................ 141 APPE
NDIX “A” CITY STANDARD FORMS .................................................................................

38077.00180\29080232.10 C2

-1- 00 11 16 – NOTICE INVITING BIDS

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 Tuesday, March 3, 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 Sinnott Park Playground Renovation Project No. 3471 (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. 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 packages 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 or 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 MANDATORY Pre-Bid Conference is scheduled for Thursday, February 12, 2026 at 10:00 AM and Tuesday, February 17, 2026 at 2:00 PM to review the Project's existing conditions at Sinnott Park, 1501 Clear Lake Ave, Milpitas, CA, 95035 . 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.

For questions regarding this project, contact Reshad Osman, Assistant Engineer via email at [email protected] by 4:00 PM on Friday, February 20, 2026. Addenda with answers to questions received by the specified time will be posted following the close of questions.

38077.00180\29080232.10 C2

-2- 00 11 16 – NOTICE INVITING BIDS

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 secu red 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 w ill 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 req uirements 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) from the Contractor’s State License Board . The Engineer’s Estimate for the Sinnott Park Playground Renovation projet base bid item is between $1,100,000 and $1,300,000.

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

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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 City of Milpitas City Hall, 455 E. Calaveras Bouelvard, Milpitas, CA 95035 or email at [email protected], or call at (408) 586-3357.

END OF NOTICE INVITING BIDS

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1. SEC

URING 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 advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must create an account with OpenGov Procurement 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 OpenGov Procurement. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.

2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the 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 any 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 or to the contract and no relief for error or omission will be given except as required under State law.

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

Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Project. Federal and 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. INTER

PRETATION 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 who has purchased a set of Drawings and Specifications. The City will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the City.

4. INSPECTION OF SITE; PRE-BID CONFERENCE
Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. 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 OpenGov Procurement. 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 Bouelvard, Milpitas, CA 95035 or (408) 586-3357 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 items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder.

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7. COMPLE

TION 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 by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.

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

9. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and 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 the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104.

The successful bidder will be required to self-perform at least 25% of the work.

10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and 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 certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder, or may call for new bids. No interest 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 submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

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

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

14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the 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, within the past five (5) years from the bid submission deadline.

16. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information 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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envel
ope, 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

SINNOTT PARK PLAYGROUND RENOVATION
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. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein.

Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in 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 materials 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 all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted

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to Cit
y 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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rejec
t 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 Payment 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 Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.

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1.1 Bid Ack
nowledgement.

NAM
E OF BIDDER:

To t
he 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:

SINNOTT PARK
PLAYGROUND RENOVATION PROJECT NO. 3471
A We he
reby 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. Con
tractor’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 CONT

INUED ON NEXT PAGE)

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

Executed at _________________________, on this ____ day of __________, _____. (Corporate Seal)
(Bidd
er’s Name – Print o
r Type)

(Name an
d Title)

(Sign
ature)

Names
of individual members of firm or names and titles of all officers of corporation and their addresses are listed below:

Name Title
Compl
ete Address
Phon
e Fax

Name Title
Compl
ete Address
Phon
e Fax

Name Title
Compl
ete Address
Phon
e Fax

Name Title
Compl
ete Address
Phon
e Fax

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1.2 BID SC
HEDULE
NO.

ITEM DESCRIPTION

UNIT OF

MEASURE
EST
.

QT
Y.

UNIT
PRICE

TOTAL ITEM
PRICE

1. Mobili
zation/Demobilization (5%) LS 1

2. Site
Preparation – Temporary
Construction Fencing, Tree
Protection, and Traffic Control
LS 1

3. Storm Wa
ter Pollution Control +
Erosion Control
LS 1

4. Shee
ting, Shoring, and Bracing
or Equivalent Method
LS 1

5. Demol
ition LS 1

6. Eart
hwork – Rough Grading,
Fine Grading, Imported Soil
LS 1

7. Storm
Drainage Improvements LS 1

8. Resi
lient Rubber Surfacing over
Class 2 Permeable Rock
LS 1

9. Con
crete Improvements LS 1

10. Play Area Fence and Gate LS 1

11. Decomposed Granite Paving and
Header Broad
LS 1

12. Playg
round Equipment LS 1

13. Site
Furnishings LS 1

14. Irriga
tion System and Planting LS 1

15. 90-days
Maintenance Period LS 1
TOT

AL BASE BID PRICE

Bidd
ers 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.

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

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

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).

ALTERNATE
BIDS DESCRIPTION EST.

QTY. UNIT UNIT

PRICE TOTAL ITEM PRICE

1.3 List
of Subcontractors
In co
mpliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an 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 25% of the contract value with its own forces. Bidder shall indicate the value of each subcontractor’s work and the sum may not exceed the allowable amount.

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FORMS

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

DIR
Registration
Number
% of
the
Work

(Att
ach additional sheets if necessary)
Name of Bidder
Signat
ure
Name and
Title
Dated

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1.4 Bidd
er Information and Experience Form
A. INFORM

ATION 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 Bidd
er Address:

Facsi
mile 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. Und
er what other or former names has Bidder’s organization operated?

6.0 If Bidd
er’s organization is a corporation, answer the following:

6.1. Date of Incorporation:

6.2. State of
Incorporation:

6.3. Presid
ent’s Name:

6.4. Vice
-President’s Name(s):

6.5. Secreta
ry’s Name:

6.6. Treasure
r’s Name:

7.0 If an indi
vidual or a partnership, answer the following:

7.1. Date of Organization:

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7.2. Name an
d 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:

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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. Su
mmarize each person’s specialized education:

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

4. Su
mmarize such experience:

Bidd
er 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. VER

IFICATION 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
Sign
ature
Name

Title

Date

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1.5 Non
-Collusion Declaration
The und
ersigned 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
Sign
ature
Name

Title

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1.6 Iran
Contracting Act Certification.
(Publi
c 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 sub
division (b) of Public Contract Code Section 2203; or

(2) a fina
ncial 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 p
rovide goods or services in the energy sector in Iran.

☐ The Ci
ty 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 amou
nt of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signature:

Printed N
ame:

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 Publ
ic 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/Pub
licWorks.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 o
f Bidder:

DIR Re
gistration Number:

DIR Re
gistration 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
Sign
ature
Name an
d 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 The
ft 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:

Nei
ther 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 satisfied, 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 C
ity has exempted the Bidder from the requirements of the City of Milpitas Wage Theft Procurement Policy.

Signature:

Printed N
ame:

Title:

Firm
Name:

Date:

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1.9 Con
tractor’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
Sign
ature
Name

Title

Dated
______________________________

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1.10 Bid Bo
nd
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 penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated _____________, 20 ____, for SINNOTT PARK PLAYGROUND RENOVATION, Project No. 3471.

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.
(Corpora
te Seal)
Con
tractor/Principal

By

Title

(Corpora
te Seal)
Surety

By

Attorney-in-Fac
t

(Atta
ch Attorney-in-Fac
t Certificate) Title

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Nota
ry Acknowledgment
A no
tary 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.

STAT

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

appe
ared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)

evide
nce 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
OPT
IONAL
Th
ough 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.

CAPACIT

Y CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
" Indiv
idual
" Corporat
e Officer

Title(
s) Title
or Type of Document
" Partn
er(s) " Lim
ited
" General Numb
er of Pages
" Attorn
ey-In-Fact
" Trustee(s)
" Guardia
n/Conservator Date of
Document
" Other:

Sig
ner is representing:

Name
Of Person(s) Or Entity(ies)

Signer(
s) Other Than Named Above
NOTE:

This acknowledgment is to be completed for Contractor/Principal.

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Nota
ry Acknowledgment
A no
tary 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.

STAT

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

appe
ared , who proved to me on the basis of satisfactory

evide
nce 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
OPT
IONAL
Th
ough 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.

CAPACIT

Y CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
" Indiv
idual
" Corporat
e Officer

Title(
s) Title
or Type of Document
" Partn
er(s) " Lim
ited
" General Numb
er of Pages
" Attorn
ey-In-Fact
" Trustee(s)
" Guardia
n/Conservator Date of
Document
" Other:

Sig
ner is representing:

Name
Of Person(s) Or Entity(ies)

Signer(
s) Other Than Named Above
NOTE:

This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF BID BON
D

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00 5
2 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:

SINNOTT PARK
PLAYGROUND RENOVATION PROJECT NO. 3471
The Co
ntractor 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 210 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 Contract. 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

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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 regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
i. WAGE THEFT PREVENTION.
(a) Contractor, and any subcontractor it employs to complete work under this Contract, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
(b) BY SIGNING THIS CONTRACT, CONTRACTOR AFFIRMS THAT IT HAS

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

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

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

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

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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 wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order 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. [REMA
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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: _____________________________ Jared Hernandez
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

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– CONTRACT

Nota
ry Acknowledgment
A no
tary 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.

STAT

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

appe
ared , who proved to me on the basis of satisfactory

evide
nce 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
OPT
IONAL
Th
ough 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.

CAPACIT

Y CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
" Indiv
idual
" Corporat
e Officer

Title(
s) Title
or Type of Document
" Partn
er(s) " Lim
ited
" General Numb
er of Pages
" Attorn
ey-In-Fact
" Trustee(s)
" Guardia
n/Conservator Date of
Document
" Other:

Sig
ner is representing:

Name
Of Person(s) Or Entity(ies)

Signer(
s) Other Than Named Above

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-39- 00 61 13
– BOND FORMS

00 6
1 13 – BOND FORMS

1.1 Perf
ormance 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 incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and 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 in 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 which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall 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.

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– BOND FORMS

Whene
ver 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 price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the 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.
[REMA
INDER OF PAGE LEFT INTENTIONALLY BLANK]

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– BOND FORMS

IN W
ITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corpora
te Seal)
Con
tractor/Principal

By

Title

(Corpora
te Seal)
Surety

By

Attorney-in-Fac
t

(Atta
ch Attorney-in-Fac
t 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 cla
ims under this bond may be addressed to:
(Name and Address of Surety)

(Name an
d Address of Agent or
Rep
resentative for service of
process
in California, if different
fro
m above)
(Telephone number of Surety
and Ag
ent or Representative for
service of process in California)

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– BOND FORMS

Nota
ry Acknowledgment
A no
tary 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.

STAT

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

appe
ared , who proved to me on the basis of satisfactory

evide
nce 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
OPT
IONAL
Th
ough 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.

CAPACIT

Y CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
" Indiv
idual
" Corporat
e Officer

Title(
s) Title
or Type of Document
" Partn
er(s) " Lim
ited
" General Numb
er of Pages
" Attorn
ey-In-Fact
" Trustee(s)
" Guardia
n/Conservator Date of
Document
" Other:

Sig
ner is representing:

Name
Of Person(s) Or Entity(ies)

Signer(
s) Other Than Named Above
NOTE:

This acknowledgment is to be completed for Contractor/Principal.

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– BOND FORMS

Nota
ry Acknowledgment
A no
tary 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.

STAT

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

appe
ared , who proved to me on the basis of satisfactory

evide
nce 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
OPT
IONAL
Th
ough 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.

CAPACIT

Y CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
" Indiv
idual
" Corporat
e Officer

Title(
s) Title
or Type of Document
" Partn
er(s) " Lim
ited
" General Numb
er of Pages
" Attorn
ey-In-Fact
" Trustee(s)
" Guardia
n/Conservator Date of
Document
" Other:

Sig
ner is representing:

Name
Of Person(s) Or Entity(ies)

Signer(
s) Other Than Named Above
NOTE:

This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF P

ERFORMANCE BOND

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1.2 Paymen
t 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, provisions 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, including 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 payment 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 recover on the bond and that

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– BOND FORMS

this bo
nd 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__.
(Corpora
te Seal)
Con
tractor/Principal

By

Title

(Corpora
te Seal)
Surety

By

Attorney
-in-Fact

(Atta
ch Attorney-in-Fac
t Certificate) Title

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– BOND FORMS

Nota
ry Acknowledgment
A no
tary 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.

STAT

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

appe
ared , who proved to me on the basis of satisfactory

evide
nce 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
OPT
IONAL
Th
ough 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.

CAPACIT

Y CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
" Indiv
idual
" Corporat
e Officer

Title(
s) Title
or Type of Document
" Partn
er(s) " Lim
ited
" General Numb
er of Pages
" Attorn
ey-In-Fact
" Trustee(s)
" Guardia
n/Conservator Date of
Document
" Other:

Sig
ner is representing:

Name
Of Person(s) Or Entity(ies)

Signer(
s) Other Than Named Above
NOTE:

This acknowledgment is to be completed for Contractor/Principal.

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– BOND FORMS

Nota
ry Acknowledgment
A no
tary 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.

STAT

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

appe
ared , who proved to me on the basis of satisfactory

evide
nce 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
OPT
IONAL
Th
ough 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.

CAPACIT

Y CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
" Indiv
idual
" Corporat
e Officer

Title(
s) Title
or Type of Document
" Partn
er(s) " Lim
ited
" General Numb
er of Pages
" Attorn
ey-In-Fact
" Trustee(s)
" Guardia
n/Conservator Date of
Document
" Other:

Sig
ner is representing:

Name
Of Person(s) Or Entity(ies)

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

END OF P

AYMENT BOND

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AL CONDITIONS

TABLE OF CONTENTS

Page

-48- 00 72 13
– GENERAL CONDITIONS
TABL

E OF CONTENTS

ARTICL
E 1 DEFINED TERMS .............................................................................................51 ARTICLE 2 CONTRACT DOCUMENTS ..............................................................................55 ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION ................56 ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE ................................56 ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK ..............................................................................................................56 ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE ............................................57 ARTICLE 7 SOILS INVESTIGATIONS ................................................................................58 ARTICLE 8 ARTICLE 8. CONTRACTOR’S SUPERVISION ................................................58 ARTICLE 9 WORKERS .......................................................................................................58 ARTICLE 10 INDEPENDENT CONTRACTORS ....................................................................59 ARTICLE 11 SUBCONTRACTS ............................................................................................59 ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY ............................................59 ARTICLE 13 REQUESTS FOR SUBSTITUTION ...................................................................59 ARTICLE 14 SHOP DRAWINGS ...........................................................................................61 ARTICLE 15 SUBMITTALS ...................................................................................................61 ARTICLE 16 MATERIALS .....................................................................................................61 ARTICLE 17 PERMITS AND LICENSES ...............................................................................62 ARTICLE 18 TRENCHES ......................................................................................................63 ARTICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS .....................................64 ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS ......................................................64 ARTICLE 21 SANITARY FACILITIES ....................................................................................64 ARTICLE 22 AIR POLLUTION CONTROL ............................................................................64 ARTICLE 23 LAYOUT AND FIELD ENGINEERING ..............................................................65 ARTICLE 24 TESTS AND INSPECTIONS .............................................................................65 ARTICLE 25 PROTECTION OF WORK AND PROPERTY ....................................................66 ARTICLE 26 CONTRACTOR’S MEANS AND METHODS .....................................................66 ARTICLE 27 AUTHORIZED REPRESENTATIVES ...............................................................66 ARTICLE 28 HOURS OF WORK ...........................................................................................66 ARTICLE 29 PAYROLL RECORDS ......................................................................................67 ARTICLE 30 PREVAILING RATES OF WAGES ...................................................................69 ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION .........................................69

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AL CONDITIONS

TABLE OF CONTENTS
(continued)
Page

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TABL

E OF CONTENTS

ARTICL
E 32 EMPLOYMENT OF APPRENTICES .................................................................70 ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ...................70 ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS .....................71 ARTICLE 35 LABOR/EMPLOYMENT SAFETY .....................................................................71 ARTICLE 36 INSURANCE .....................................................................................................71 ARTICLE 37 FORM AND PROOF OF CARRIAGE OF INSURANCE ....................................74 ARTICLE 38 TIME FOR COMPLETION AND LIQUIDATED DAMAGES ...............................75 ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES .....................................................................................................76 ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT ......................................................77 ARTICLE 41 SECURITIES FOR MONEY WITHHELD...........................................................78 ARTICLE 42 CHANGES AND EXTRA WORK. ......................................................................79 ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT ............................................................92 ARTICLE 44 OCCUPANCY ...................................................................................................93 ARTICLE 45 INDEMNIFICATION ..........................................................................................93 ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES ..................................................94 ARTICLE 47 CITY’S RIGHT TO TERMINATE CONTRACT ..................................................94 ARTICLE 48 WARRANTY AND GUARANTEE OF WORK .................................................. 100 ARTICLE 49 DOCUMENT RETENTION & EXAMINATION ................................................. 103 ARTICLE 50 SEPARATE CONTRACTS .............................................................................. 103 ARTICLE 51 NOTICE AND SERVICE THEREOF ............................................................... 103 ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS .............................................................. 104 ARTICLE 53 STATE LICENSE BOARD NOTICE ................................................................ 104 ARTICLE 54 INTEGRATION ............................................................................................... 104 ARTICLE 55 ASSIGNMENT OF CONTRACT ...................................................................... 104 ARTICLE 56 CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY .... 104 ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS ..................................................... 104 ARTICLE 58 PROHIBITED INTERESTS ............................................................................. 105 ARTICLE 59 CONTROLLING LAW ..................................................................................... 105 ARTICLE 60 JURISDICTION; VENUE ................................................................................. 105 ARTICLE 61 LAWS AND REGULATIONS ........................................................................... 105 ARTICLE 62 PATENTS ....................................................................................................... 105

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AL CONDITIONS

TABLE OF CONTENTS
(continued)
Page

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TABL

E OF CONTENTS

ARTICL
E 63 OWNERSHIP OF CONTRACT DOCUMENTS ............................................... 106 ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST ....................................... 106 ARTICLE 65 SURVIVAL OF OBLIGATIONS ....................................................................... 106

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00 7
2 13 – GENERAL CONDITIONS
ART
ICLE 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 references 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 tid
al wave.

B. Addenda -- Written or graphic instruments issued prior to the submission of Bids whi
ch clarify, correct, or change the Contract Documents.

C. Additional Work -- New or unforeseen work will be classified as “Additional Work” whe
n 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. Cal
trans Standard Specifications - Standard Specifications of the State of Cal
ifornia, Department of Transportation, 2023 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 Transpo
rtation, 2023 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 revisi
on 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 adj
ustment 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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– GENERAL CONDITIONS

L. City Co
uncil, Council -- The City Council of the City.

M. City
’s Representative -- The individual or entity as identified in the Special Con
ditions to act as the City’s Representative.

N. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Con
tract 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 Con
tractor 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 docume
nts 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 compen
sation 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 Docu
ments 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 perf
ormance 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 compen
sation 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 confor
m 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 Con
tractor’s temporary facilities, equipment, and personnel at the Site.

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– GENERAL CONDITIONS

Y. Draw
ings -- That part of the Contract Documents prepared by of the Engineer of Reco
rd 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 become
s 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 le
gal 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 incl
uding:

New Year’s Day - January 1
Martin Luther King Jr.'s Birthday – Third Monday in January Lincoln's Birthday – Febraury 12
President’s Day – Third Monday in February
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 Con
tract 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 in
formation 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 requireme
nts 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 suppl
ied 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 havi
ng 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, manhol
es, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum 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 C
ontractor 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 such 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 Specifrications, 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

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C.

Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply.

D. Organization of Contract Documents.Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade.

ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Before any Work at the site is started, a conference attended by the City, Contractor, City’s Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.

Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site.

ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.

B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

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C.

Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.

D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE
A. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans.

B. Unless indicated otherwise on the Plans and Specifications, no excavations were made to verify the locations shown for underground utilities. The service connections to these utilities may not be not shown on the Plans. Any connections shown on the Plans are general locations. It shall be the responsibility of the Con
tractor to determine the exact location of all service connections. The Con
tractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.

C. If applicable, all water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of the Work.

D. Notwithstanding the above, pursuant to section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for Bids, the City shall assume the responsibility for their timely removal, relocation, or protection.

E. Contractor, except in an emergency, shall contact the appropriate regional notification center (USA North), Northern California Underground Service Alert at 811
or 1-800-227-2600 or on-line at usanort
h811.org at least
two working days prior
to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification

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number
has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor.

ARTICLE 7 SOILS INVESTIGATIONS
A. Reports and Drawings. The Special Conditions identify:

1. those
reports known to the City of explorations and tests of subsurface conditions at or contiguous to the site; and

2. those drawings known to the City of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities).

B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon
the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. Contractor shall make its own interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” Contractor may not rely upon or make any claim against the City, City’s Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.

ARTICLE 8 CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor.Contractor shall continuously provide efficient supervision of the Project.

ARTICLE 9 WORKERS
A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.

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ART
ICLE 10 INDEPENDENT CONTRACTORS
Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of City and are not entitled to benefits of any kind normally provided employees of City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.

ARTICLE 11 SUBCONTRACTS
A. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.

B. The City reserves the right to accept all subcontractors. The City’s acceptance of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.

C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

ARTICLE 13 REQUESTS FOR SUBSTITUTION
A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.

B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.

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C.

Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.

D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than 15 (15) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.

E. Substantiating data as described above shall include, at a minimum, the following information:

1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.

2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.

3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.

4. Information detailing the durability and lifecycle costs of the proposed substitution.

F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.

G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein.

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H.

The Contractor shall bear the costs of all City work associated with the review of substitution requests.

I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.

ARTICLE 14 SHOP DRAWINGS
A. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in its own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop drawings, calculations, schedules, and materials list, and all other provisions required by the Contract Documents. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal.

B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written acceptance. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

ARTICLE 15 SUBMITTALS
A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents.

The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.

B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.

C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

ARTICLE 16 MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all

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other ser
vices and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.

B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.

D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.

E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.

F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Form, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications.Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.

G. The City shall provide compensation for actual quantities of materials installed in accordance with the Contract Documents and at the price set forth in the Contractor’s bid and/or executed change order. The City is not obligated to pay for materials stored on/off site but not yet installed in accordance with the Contract Documents.

ARTICLE 17 PERMITS AND LICENSES
A. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including encroachment permits, and shall pay all fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of public health and safety. Before acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.Any construction permits required by City for performing any work on this project will be issued by City at no charge to Contractor. Contractor and all subcontractors shall maintain a City business license at all times they are performing the Work.

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ART
ICLE 18 TRENCHES
A. Trenches Five Feet or More in Depth. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.

B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or other excavations that extend deeper than four feet below the surface, Contractor shall promptly, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:

1. Material that the Contractor believes may be material that is hazardous waste, 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.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

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ART
ICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances, and provide the City Engineer with detailed records and quantities of the materials that were sent to recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

ARTICLE 21 SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor.

ARTICLE 22 AIR POLLUTION CONTROL
Contractor shall comply with all air pollution and dust control rules, regulations, ordinances and statutes, including, but not limited to, those required by the Air Quality Management District. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall comply with the CARB’s regulation regarding the use of off-road diesel fueled fleets, sections 2449, 2449.1, and 2449.2 of Title 13 of the California Code of Regulations. Contractor shall provide the City with a Certificate of Reported Compliance for all applicable vehicles used by Contractor or any subcontractor with diesel-fueled or alternative diesel fueled off-road compression-ignition engines with a maximum power of 25 horsepower or greater provided the vehicles cannot be registered and driven safely on-road or were not designed to be driven on-

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road,
even if they have been modified so that they can be driven safely on road. Noncompliant fleets are prohibited from being used on the Project. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, it subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

ARTICLE 23 LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense.

ARTICLE 24 TESTS AND INSPECTIONS
A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

B. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.

C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.

E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

F. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

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ART
ICLE 25 PROTECTION OF WORK AND PROPERTY
A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk.

Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor.

ARTICLE 26 CONTRACTOR’S MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

ARTICLE 27 AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector shall not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.Contractor shall provide safe and proper facilities for such access.

ARTICLE 28 HOURS OF WORK
A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided.

Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one- half times the basic rate of pay.

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B. The
Contractor and every subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

C. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. Contractor shall also timely notify the City when work will be perfomed outside regular working hours or on weekends or holidays.

E. City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Inspection before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two days’ notice for review and approval. Upon written request and approval the

8.5 hour working day may be changed to other limits subject to city/county ordinance.

F. Refer to the most current version of the City of Milpitas Noise Abatement Ordinance, Ord. 196.6 of the Municipal Code Section V-213. It shall be unlawful for any person to engage or permit to engage in construction of any building or related road or walkway, pool, or landscape improvement or in the construction operations related thereto including to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 7:00 p.m., Monday through Sunday, unless otherwise approved by the City:

1. Powered Vehicles

2. Construction Equipment

3. Loading and Unloading Vehicles

4. Domestic Power Tools
ARTICLE 29 PAYROLL RECORDS; LABOR COMPLIANCE
A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor

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shall
also require subcontractor(s) to certify weekly payroll records under penalty of perjury.

B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

C. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

D. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:

1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

E. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated.

G. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is

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effec
tuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.

H. The responsibility for compliance with this Article shall rest upon the Contractor.

ARTICLE 30 PREVAILING RATES OF WAGES
A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

B. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all

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subcon
tractors are registered at the time this Contract is entered into and maintain registration 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.

ARTICLE 32 EMPLOYMENT OF APPRENTICES
A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.

B. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.

D. The responsibility for compliance with this Article shall rest upon the Contractor.

ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.

Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully compli
es with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract.

Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein.

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Emplo
yment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and
under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein.

Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of Con
tractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
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 section 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, or may have been paid to a debarred subcontractor by a contractor on 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.

ARTICLE 35 LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States.

The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.

The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the City prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the City Standards. Contractor shall adhere to the City’s lock out tag out program.

ARTICLE 36 INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effective coverage required

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by this
Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.

A. Additional Insureds; Waiver of Subrogation . The City, its elected and appointed officials, officers, attorneys, agents employees and volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder.

Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties.

B. Workers’ Compensation Insurance . The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.

The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

C. Employer’s Liability Insurance . Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The

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poli
cy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage.

If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.

2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property.

4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

E. Automobile Liability Insurance . Contractor shall provide “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of

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automobi
le insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

F. Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by City. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

ARTICLE 37 FORM AND PROOF OF CARRIAGE OF INSURANCE
A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self- insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

B. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers.

C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

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D.

The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

E. City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

F. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

ARTICLE 38 TIME FOR COMPLETION AND LIQUIDATED DAMAGES
A. Time for Completion/Liquidated Damages. Time is of the essence in the completion of the Work. Work shall be commenced within ten (10) Days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If the Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed as determined by the City. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

B. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. The Contractor shall implement measures and make contingencies as may be required to protect the Work and to all allow Work to proceed during wet or inclement weather to prevent delay or stoppage.

Extension of Time Due to Weather Delays: The City and Contractor mutually agree
that excusable delay events associated with the occurrence of inclement weather will be based only on conditions that were not foreseeable at the time the Contract was entered into. The Contractor’s construction schedule shall include an allowance for the following schedule of expected weather delay days. If the Contractor encounters fewer inclement weather days per month or in total than shown below, then the City has the right to use the unencountered balance of days as an offset against any other claims for excusable delays or Owner-caused

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dela
ys. Actual inclement weather days must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled work day. All Contractor claims for excusable delay due to excessive inclement weather shall be for critical path work only and must be supported by a Time Impact Analysis as described in Article

42. No additional compensation will be granted for an excusable delay.

Month Calenda
r Days
January
6 February
6 Marc
h 7
Apri
l 4
May
3 June 1
July 0
Aug
ust 1
Sept
ember 2
Octob
er 2
Novemb
er 3
Decemb
er 5
Total
Annual Inclement Weather Days 40

C.

Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.

D. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES Contractor shall furnish on forms Approved by the City:

A. When requested by the Engineer, and within ten (10) Days of Notice to Proceed with the Contract, the Contractor shall provide a Schedule of Values consisting of a detailed estimate giving a complete breakdown of the Contract price for each lump sum bid item in the Contract.

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B. A monthly
itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.

C. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.

D. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.

E. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for which the payment request is prepared.

Contractor shall include any amount earned for authorized extra work. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section B below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.

B. The Contractor shall provide an updated project schedule with each payment request.

C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover:

1. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.

2. Defective work not remedied.

3. Failure of Contractor to make proper payments to his subcontractor or for material or labor.