Cities Index.
Agenda packet

Milpitas City Council
May 5, 2026

Document
Agenda packet
Meeting
May 5, 2026
Body
Milpitas City Council
Pages
868
Original file
76.1 MB
Text extracted from the city's file for reading and search. Open the original on milpitasca.api.civicclerk.com. That file is the official record.

City of Milpitas

UTILITIES SERVICES FEES
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description
15 Restoration Fee - During Normal Operating Hours
a) Low Income $58 $148 $59 40% $1 2% [f],[g] Y - Note
b) All Others $139 $148 $148 100% $8 6% Y
16 Restoration Fee - During Non-Operational Hours
a) Low Income $174 $418 $178 43% $4 2% [f],[g] Y - Note b) All Others $367 $418 $418 100% $50 14% Y
[g] Fee based on 2020 base year amount, adjusted to account for authorized annual inflationary adjustments detailed in footnote [f]. [e] One-time fee. Tag will be affixed on all new backflow prevention assemblies upon passing initial inspection and geolocated. Does not apply to existing assemblies. [f] For residential customers who demonstrate to the City a household income below 200 percent of the federal poverty line, the City will limit any service restoration charges during normal operating hours to fifty dollars ($50), and during nonoperational hours to one hundred fifty dollars ($150) for 2020. The limits will only apply if the City’s service restoration charges actually exceed these amounts. These limits are subject to an annual adjustment for changes in the Bureau of Labor Statistics’ Consumer Price Index for All Urban Consumers (CPI-U) beginning January 1, 2021. [a] If meter is not accurate, deposit is refunded. If meter has been tampered with, the resident or business is charged for the repair. [b] For customers that fail to independently have their assemblies inspected, and/or tested, and/or their sites assessed. Includes City provided services of any one or combination of the following: Inspections, Testing, Hazard Assessments, and Shut-Down Tests.
[c] For customer that fail to independently have their annual assembly(s) information electronically uploaded into City database. Includes City provided service to upload assembly information instead of customer retained third party provider.
[d] This is an annual fee assessed to qualified contractors who wish to conduct backflow testing and/or hazard assessments in the City. 31

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City of Milpitas

UTILITIES SERVICES FEES
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
Inflator
Public Sewers
1 Delinquent Fees varies varies No Change No Change [a] N 2 Civil Penalties varies varies No Change No Change [b] N 3 Unmetered Wastes varies varies No Change No Change [c] N 4 Authority to Disconnect varies varies No Change No Change [d] N 5 Payment for Sewage Services varies varies No Change No Change [e] N 6 Inspection Fees varies varies No Change No Change [f] N 7 House Lateral Fee varies varies No Change No Change [g] N 8 Disbursements of Short Side Charges varies varies No Change No Change [h] N FOG and Stormwater Industrial/Commercial Violation
9 First Citation $500 $500 No Change No Change [i] N
10 Second Citation $625 $625 No Change No Change [i] N
11 Third Citation $750 $750 No Change No Change [i] N
Water Service Charges
12 Construction Water $2,000 $2,000 No Change No Change N 13 Deposits for service $150 $150 No Change No Change N Fee Description
32

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City of Milpitas

UTILITIES SERVICES FEES
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description
[f] See City of Milpitas Municipal Code Section VIII-2-7.01. Each connector shall pay a fee to City for issuing of each permit, for the inspection of each house lateral, house sewer or side sewer, the sum of five dollars ($5). Where connector has on file with the City cash deposit for inspection of work, no inspection fee shall be required. In such case, all cost and expenses incurred by City in inspection of the connection shall be made from said deposit. [g] See City of Milpitas Municipal Code Section VIII-2-7.02. Before the issuance of a permit for the installation of a house lateral, connector shall pay City a fee which shall include the following: (A) An engineering charge to defray the cost of processing the permit application, which shall be an amount equal to forty cents ($0.40) times one-half the width of the street expressed in feet in which the house lateral is being constructed. (B) A short side charge shall be collected in all cases where the main or trunk to which connection is being made is located between the center line of the street and the property to be served. Said short side charge shall be an amount equal to four dollars and fifty cents ($4.50) times the distance in feet between the center line of the street and the main or trunk sewer to which the connection is being made. The purpose of this charge is to equalize connection cost for property on both sides of the street. [h] See City of Milpitas Municipal Code Section VIII-2-7.03. The City Council may disburse to connectors whose house laterals connect to a main or trunk sewer at a point beyond the center line of the street an amount equal to $4.50 times the distance in feet between the center of the street and the main or trunk sewer to which said connection was made. [i] See City of Milpitas Municipal Code Section XI-16-14. Any person who intentionally or negligently violates any provision of this Chapter or any provision of any permit or certificate issued pursuant to this Chapter shall be civilly liable to the city in a sum not to exceed $25,000.00 per day for each day in which such violation occurs. [a] See City of Milpitas Municipal Code Section VIII-2-5.33. Permit applications are due ninety (90) days prior to commencing discharge to the sanitary system or expiration of existing discharge permit. Any person who fails to file an application for a discharge permit prior to discharge shall be assessed a penalty for delinquent filing as follows: (1) Up to and including thirty (30) days delinquency, the penalty shall be fifty percent (50%) of the permit fee. More than thirty (30) days but less than one year delinquency, the penalty shall be one hundred percent (100%) of the permit fee. (3) More than one(1) year delinquency, the penalty shall be one thousand percent (1,000%) of the permit fee. (b) Such penalties shall be in addition to any other penalties or fines that may be levied, and in addition to any other remedies that the City may have with respect to the discharge. [b] See City of Milpitas Municipal Code Section VIII-2-5.50. Any person who intentionally, accidentally, or negligently violates any provisions of this Chapter, any provision of any permit issued pursuant to this Chapter, or who intentionally, accidentally, or negligently discharges waste or wastewater which causes pollution, or violates any effluent limitation, national standard of performance, or national pretreatment or toxicity standard, shall be civilly liable to the City in a sum up to ten thousand dollars ($10,000) for the first day in which such violation occurs, up to twenty-five thousand dollars ($25,000) for the second day in which such violation occurs, and fifty thousand dollars ($50,000) for each additional day. [c] See City of Milpitas Municipal Code Section VIII-2-6.02. Where rates are herein specified to be in accordance with the use of water, all such premises shall be separately metered. Where such metering is not provided, or for newly constructed units, the City shall make a reasonable estimate of the volume of water consumed to be used as a basis for sewer service charges. [d] See City of Milpitas Municipal Code Section VIII-2-6.03. In the event of a failure to pay the charges as provided for sewage service, the City is authorized to disconnect sewer or water service, or both. [e] See City of Milpitas Municipal Code Section VIII-2-6.04. All accounts are due and payable within fifteen (15) days of the date of the bill. Accounts shall become delinquent and a late fee equal to five percent (5%) of the amount due shall be imposed of a payment has not been received by 5:00 p.m. on the due date. 33

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City of Milpitas
FIRE
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
Inflator

FIRE INVESTIGATION/ENFORCEMENT/RESPONSE
1 Emergency Response – Haz Mat Calls, Minimum 1-hr HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 2 Response to DUI HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 3 Non-Milpitas Response HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 4 Response/Investigation Fee HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 5 Referral Inspection (Life/Safety) 2 hrs minimum charge HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 6 Referral Inspection (Haz Mat) 2 hrs minimum charge HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 7 Fire Code Chapter 50 (Haz Mat) - Release Cleanup 2 hrs minimum charge
HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 8 Enforcement Cost Recovery HR(s) * hourly rate HR(s) * hourly rate No Change No Change N

FALSE ALARM
9 False Alarm
a) First two in 12 month time-frame no charge no charge No Change No Change N b) 3rd occurrence $300 $300 $0 0% N
c) 4th occurrence $600 $600 $0 0% N
d) 5th or more $900 $900 $0 0% N

MISCELLANEOUS
10 Data input (HMMP/HMIS), Minimum of 2 hours HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 11 Late fee – over 60 days Collection Cost Collection Cost No Change No Change N 12 Failure to obtain a permit Double permit fee Double permit fee No Change No Change N 13 Weed Abatement. Fee = (hrs * $/HR), minimum 1-hr HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 14 Fire Watch, Fee = (hrs * hourly rate). Std. or OT rate HR(s) * hourly rate HR(s) * hourly rate No Change No Change [a] N 15 DSS 850 Pre-Inspection (HSC 13235) HR(s) * hourly rate $566 $566 100% varies varies Y 15 Pre-inspection (residential care facilities) Per Code 16 Confined Space permits HR(s) * hourly rate HR(s) * hourly rate No Change No Change N Fee Description
34

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City of Milpitas
FIRE
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description
17 Electronic Archive, per permit $25 $25 $0 0% N
18 Use of Trailer $60 $60 per hour $0 0% N
19 Administrative Fee $70 $70 per hour $0 0% N
20 Instructor Actual Cost Actual Cost No Change No Change N 21 Fire Reports $13 $13 $0 0% N
22 Other Services Not Listed HR(s) * hourly rate HR(s) * hourly rate No Change No Change N

FIRE PREVENTION

ANNUAL OPERATIONAL PERMITS
23 A-1 Occupancy (theaters and other small viewing halls) $1,509 $1,508 $1,508 100% ($1) 0% Y 24 A-2 Occupancy (Food & Drink Establishment) $1,141 $1,131 $1,131 100% ($10) -1% Y 25 A-3 Occupancy (Worship, recreation, or amusement) $1,141 $1,131 $1,131 100% ($10) -1% Y 26 A-4 & A-5 Occupancy (indoors or outdoors sport event structures)
$2,614 $2,639 $2,639 100% $25 1% Y
27 High Piled Storage $1,509 $1,508 $1,508 100% ($1) 0% Y 28 Malls
a) Small (0 to 50,000 s.f.) $1,123 $1,131 $1,131 100% $8 1% Y b) Medium (50,001 to 100,000 s.f.) $1,877 $1,885 $1,885 100% $8 0% Y c) Large (over 100,000 s.f.) $2,614 $2,639 $2,639 100% $25 1% Y 29 Combustible Dust Producing Facility $755 $754 $754 100% ($1) 0% Y 30 Motels $1,141 $1,131 $1,131 100% ($10) -1% Y
31 Hotels & Multi-Story Structures
a) <5 stories $2,246 $2,262 $2,262 100% $16 1% Y
b) 5+ stories - per floor $377 $377 $377 100% ($0) 0% Y 32 Commercial Daycare
a) Small (<100 children or elderly) $737 $754 $754 100% $17 2% Y b) Large (100+ children or elderly) $1,473 $1,508 $1,508 100% $35 2% Y 35

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City of Milpitas
FIRE
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description
33 Residential Daycare
a) Small Family Daycare (8 or fewer children) $0
b) Large Family Daycare (9-14 children) $0
c) Elderly Care (6 or fewer people) $0
33 Small Apartments (3-4 units) $370 $377 $377 100% $7 2% Y 34 Medium Apartments (5-15 units) $1,473 $1,508 $1,508 100% $35 2% Y 35 Large Apartments (more than 15 units) $2,210 $2,262 $2,262 100% $52 2% Y 36 Small Chemical User (Example: doctor/dentist, dry cleaner, photo shop, graphic design, print shop, automobile engine repair, propane, CO2 beverage dispensing system, battery systems, emergency generators, pools, etc.)
$772 $754 $754 100% ($18) -2% Y
37 Medium Chemical User (Example: automobile body shop, research and design, analytical labs, pool supplies, big-box retail stores)
$1,913 $1,885 $1,885 100% ($28) -1% Y
38 Large Chemical User (Semiconductor or similar facilities) $3,018 $3,016 $3,016 100% ($2) 0% Y 39 Plating Shops $2,282 $2,262 $2,262 100% ($20) -1% Y
40 Toxic Gas
a) Small Toxic Gas - Annual Monitoring Certification $1,473 $1,508 $1,508 100% $35 2% Y b) Large Toxic Gas - Annual Monitoring Certification $2,947 $3,016 $3,016 100% $69 2% Y 41 Mobile Fueling
a) Vendor $1,913 $1,885 $1,885 100% ($28) -1% Y
b) Site $1,913 $1,885 $1,885 100% ($28) -1% Y
42 Underground Tanks $1,160 $1,131 $1,131 100% ($29) -3% Y 43 Urban Runoff Inspections
a) Industrial $772
b) Restaurants (once every 2 years) $772
43 Other Miscellaneous Annual Inspections Fee - per hour HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 36

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City of Milpitas
FIRE
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description

CONSTRUCTION REVIEW / PERMIT / INSPECTION
Building Life / Safety:
44 Demolition Fees:
a) Interior or Partial Building or Misc. Demolition $738 $754 $754 100% $16 2% Y b) Complete Building with or without Site Demolition $1,107 $1,131 $1,131 100% $24 2% Y 45 Grading Fees: These are only assessed if permits are submitted separately to Building Department from new construction or remodel permits.
a) Less than 1 acre $738 $754 $754 100% $16 2% Y
b) 1-5 acres $1,107 $1,131 $1,131 100% $24 2% Y
c) Greater than 5 acres $1,477 $1,508 $1,508 100% $31 2% Y 46 Site Improvement Fees: These are only assessed if permits are submitted separately to Building Department from new
construction or remodel permits.
a) Less than 1 acre $1,107 $1,131 $1,131 100% $24 2% Y
b) 1-5 acres $2,215 $2,262 $2,262 100% $47 2% Y
c) Greater than 5 acres (per acre) $370 $377 $377 100% per acre $7 2% Y 47 New Building – Shell:
a) Less than 5,000 sq. ft. $1,107 $1,131 $1,131 100% $24 2% Y b) 5,000-25,000 sq. ft. $2,215 $2,262 $2,262 100% $47 2% Y c) 25,000-50,000 sq. ft. $3,322 $3,393 $3,393 100% $71 2% Y d) 50,000+ sq. ft. – per sq. ft. $0.08 $0.08 $0.08 100% per sq ft ($0) -3% Y 48 New Building – New Construction:
a) Less than 5,000 sq. ft. $1,107 $1,131 $1,131 100% $24 2% Y b) 5,000-25,000 sq. ft. $2,953 $3,016 $3,016 100% $63 2% Y c) 25,000-50,000 sq. ft. $5,537 $5,655 $5,655 100% $118 2% Y d) 50,000+ sq. ft. – per sq. ft. $0.12 $0.11 $0.11 100% per sq ft ($0) -3% Y 49 Additions, Alterations, and Tenant Improvements:
a) Less than 5,000 sq. ft. $703 $660 $660 100% ($44) -6% Y b) 5,000-25,000 sq. ft. $2,780 $2,828 $2,828 100% $48 2% Y c) 25,000-50,000 sq. ft. $5,191 $5,278 $5,278 100% $87 2% Y d) 50,000+ sq. ft. – per sq. ft. $0.12 $0.11 $0.11 100% per sq ft ($0) -3% Y 50 Missed Plan Check by Appointment $370 $377 $377 100% $7 2% Y 37

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City of Milpitas
FIRE
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description
51 Revision to Project Fee - per hour (min 1 hr) HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 52 Tents, Canopies, or Membrane Structures:
a) 4 or less $1,106 $1,508 $1,508 100% $402 36% Y
b) Each Additional, After 4 varies $377 $377 100% varies varies Y 53 Temporary Assembly (Indoors or outdoors), with or w/out tent a) Occupancy 50-299 $1,106 $1,131 $1,131 100% $25 2% Y
b) Occupancy 300-999 $1,844 $1,885 $1,885 100% $41 2% Y c) Occupancy 1000+ $2,951 $3,016 $3,016 100% $65 2% Y
Fire Extinguishing Systems: These are typically deferred submittals and reviewed and inspected after building plan submittals.
54 Fire Service Underground:
a) New or Replace - each $1,844 $1,885 $1,885 100% $41 2% Y b) Repairs $738 $754 $754 100% $16 2% Y
55 Fire Sprinkler Systems:
a) Less than 2,000 sq. ft $1,072 $1,037 $1,037 100% ($35) -3% Y b) 2,000+ sq. ft. – per sq. ft., fee = Base Fee + [(project sq. ft. - 2,000 sq. ft.) * per sq. ft. fee]
$0.27 $0.26 $0.26 100% ($0) -3% Y
56 Hood & Duct Systems – Each $1,476 $1,508 $1,508 100% $32 2% Y 57 FM 2000 (under floor systems, etc.) each $1,476 $1,508 $1,508 100% $32 2% Y 58 Other (deluge, foam, preaction, etc.) each $1,476 $1,508 $1,508 100% $32 2% Y Fire Alarm Systems:
59 Additions, Alterations, or Repairs: If more than 10 devices then the New Fire Alarm fee applies.
a) 1-5 Devices $738 $754 $754 100% $16 2% Y
b) 6-10 Devices $1,476 $1,508 $1,508 100% $32 2% Y
60 New Fire Alarm:
a) Less than 5,000 sq. ft. $1,476 $1,508 $1,508 100% $32 2% Y b) 5,000+ sq. ft. – per sq. ft., fee = Base Fee + [(project sq. ft. - 5,000 sq. ft.) * per sq. ft. fee]
$0.25 $0.26 $0.26 100% $0 7% Y
38

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City of Milpitas
FIRE
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description
61 Hazardous Materials - Building Construction:
a) Commercial ESS HR(s) * hourly rate $2,262 $2,262 100% varies varies Y b) Residential ESS HR(s) * hourly rate $1,131 $1,131 100% varies varies Y c) Small TI without process piping or tools. (Example:
registration form, inert compressed gas system installations, CO2 for beverage, small auto repair or retail).
$748 $1,131 $1,131 100% $383 51% Y
d) Facility TI with process piping or tanks < 4,000 sq. ft. (Example: H or F Occupancy, Plating Facility, chemical
bunker). Does not include tools (tool fee is extra).
$1,480 $1,885 $1,885 100% $405 27% Y
e) Facility TI with process piping or tanks > 4,000 sq. ft. (Example: H or F Occupancy, Plating Facility, chemical
bunker). Does not include tools (tool fee is extra).
i) Base Fee - Includes up to 8 hours $0.38 per SF $3,016 $3,016 100% varies varies Y ii) Each Additional Hour, or fraction thereof $0.38 per SF $377 $377 100% varies varies Y f) Temporary diesel generator (no external tank) HR(s) * hourly rate $1,885 $1,885 100% varies varies Y g) Temporary diesel tank (external to equipment) HR(s) * hourly rate $1,131 $1,131 100% varies varies Y h) Temporary or Mobile ESS HR(s) * hourly rate $2,262 $2,262 100% varies varies Y 62 Tools with Hazardous Materials (Example: emergency
generator, lift stations, aboveground tanks, treatment systems, battery module per 50KWh, propane system, large tank
installations).
a) Up to Two Tools $1,480 $1,508 $1,508 100% up to 2 tools $28 2% Y b) Each Additional Tool $555 $566 $566 100% per tool $10 2% Y 63 Closure - process / tools $1,126 $1,131 $1,131 100% each $5 0% Y 64 Closure - Facility
a) Small HM Facility Closure $748 $1,508 $1,508 100% $760 102% Y b) Medium HM Facility Closure $1,480 $2,262 $2,262 100% $782 53% Y c) Large HM Facility Closure
i) Base Fee - Includes up to 10 hours $0.38 per SF $3,770 $3,770 100% varies varies Y ii) Each Additional Hour, or fraction thereof $0.38 per SF $377 $377 100% varies varies Y a) Small TI without process piping or tools. (Example:
registration form, inert compressed gas system installations, CO2 for beverage, small auto repair or retail).
$748
b) Facility TI with process piping or tanks < 4,000 sq. ft. (Example: H or F Occupancy, Plating Facility, chemical
bunker). Tools included.
$1,480
c) Facility TI with process piping or tanks > 4,000 sq. ft. (Example: H or F Occupancy, Plating Facility, chemical
bunker). Tools included.
$0.38
39

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City of Milpitas
FIRE
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description
65 Underground Tank Installation:
a) Tank System - 3 Tanks or less $6,737 $6,786 $6,786 100% $49 1% Y b) Each Additional Tank $756 $754 $754 100% ($2) 0% Y
a) 4 Tank System or less $6,737
b) Each additional tank $756
66 Underground Tank Removal:
a) Tank System - 3 Tanks or less $3,007 $3,770 $3,770 100% $763 25% Y b) Each Additional Tank $378 $754 $754 100% $376 99% Y
a) 2 Tank System or Less $3,007
b) Each additional tank $378
MISCELLANEOUS FEES:
67 After Hours or Fast-Track Plan Check, Inspection - 3 hrs min at OT Rate [a]
$1,300 $1,357 $1,357 100% $57 4% [a] Y
68 Alternate Materials & Methods Review $1,340 $1,320 $1,320 100% ($20) -2% Y 69 New Occupancy (new business)
a) No Hazardous Materials $370 $754 $754 100% $384 104% Y b) With Hazardous Materials $737 $754 $754 100% $17 2% Y 70 Smoke Detectors Verifications (new owner) $370 $377 $377 100% $7 2% Y 71 Title 19 5-year automatic fire sprinkler certification a) Commercial, Industrial, Mixed Use, Hotel/Motel,
Apartments, Condominiums, etc.
i. Building less than or equal to 50,000 sq. ft. $739 $754 $754 100% $15 2% Y ii. Building over 50,000 sq. ft.
a) First 50,000 sq. ft. $739 $754 $754 100% $15 2% Y
b) Each additional 50,000 sq. ft. or fraction thereof $370 $377 $377 100% $7 2% Y b) Townhome Buildings
i. Building less than or equal to 25,000 sq. ft. $370 $377 $377 100% $7 2% Y ii. Building over 25,000 sq. ft.
a) First 25,000 sq. ft. $370 $377 $377 100% $7 2% Y
b) Each additional 25,000 sq. ft. or fraction thereof $370 $377 $377 100% $7 2% Y 72 Failure to cancel a scheduled inspection 24 hrs. prior $370 $377 $377 100% $7 2% Y 73 Temporary Certificate of Occupancy $184 $189 $189 100% $4 2% Y 40

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City of Milpitas
FIRE
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description
74 Standard Hourly Rate - per hour $370 $377 $377 100% $7 2% Y 75 Overtime Hourly Fee - per hour $434 $452 $452 100% $19 4% Y 76 Other activities not listed - per hour $370 $377 $377 100% $7 2% Y 77 Additional Plan Review Time - Std. or OT per hr. HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 78 Additional Inspection Time - Std. or OT per hr. HR(s) * hourly rate HR(s) * hourly rate No Change No Change N 79 Fire Department Technology Fee - % of permit 3.80% 3.80% No Change No Change N 80 Emergency Response Mapping - New Projects
a) Base Fee - Includes up to 1 hour $335 $377 $335 89% $0 0% Y b) Each Additional Hour, or fraction thereof $335 $377 $335 89% $0 0% Y [a] Minimum 3 hours.
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City of Milpitas

AMBULANCE
Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
Inflator

SERVICE FEES
1 ALS-1 (Advanced Life Support) $3,314.54 $3,314.54 $0.00 0.00% N 2 ALS-2 (Advanced Life Support) $3,314.54 $3,314.54 $0.00 0.00% N 3 BLS $2,651.64 $2,651.64 $0.00 0.00% N
4 Mileage $112.54 $112.54 $0.00 0.00% N
5 Hourly Ambulance Standby $390.19 $390.19 $0.00 0.00% N 6 Hourly Paramedic – Individual $195.09 $195.09 $0.00 0.00% N 7 Hourly EMT – Individual $130.06 $130.06 $0.00 0.00% N

EQUIPMENT/SUPPLIES
8 Airway/Nasal $59.95 $59.95 $0.00 0.00% N
9 Airway/Oral $32.70 $32.70 $0.00 0.00% N
10 Bag Valve Mask $198.93 $198.93 $0.00 0.00% N
11 Bandage, Elastic $16.07 $16.07 $0.00 0.00% N
12 Bandages Triangular $27.25 $27.25 $0.00 0.00% N
13 Bed Pan $27.25 $27.25 $0.00 0.00% N
14 Blanket, Disposable $65.40 $65.40 $0.00 0.00% N
15 Blood Glucose Test $54.50 $54.50 $0.00 0.00% N
16 Burn Sheet $100.83 $100.83 $0.00 0.00% N
17 Cervical Collar $196.21 $196.21 $0.00 0.00% N
18 Cold/Hot Pack $40.88 $40.88 $0.00 0.00% N
19 Cpap Procedure $844.79 $844.79 $0.00 0.00% N
20 Defib Pads $119.91 $119.91 $0.00 0.00% N
21 Dressing - Major $27.25 $27.25 $0.00 0.00% N
22 Dressing - Minor $27.25 $27.25 $0.00 0.00% N
23 Ekg Electrodes $51.78 $51.78 $0.00 0.00% N
24 Ekg Monitor 12 Lead $258.89 $258.89 $0.00 0.00% N
25 Emesis Basin/Bag $21.24 $21.24 $0.00 0.00% N
26 Endotracheal Tube Introducer/Gum Elastic Bougie $182.04 $182.04 $0.00 0.00% N 27 Headbed Immobilizer $46.33 $46.33 $0.00 0.00% N
28 Hepa Mask $68.13 $68.13 $0.00 0.00% N
29 Hood, Spit Sock $44.87 $44.87 $0.00 0.00% N
30 Intravenous Saline Lock $143.48 $143.48 $0.00 0.00% N 31 Intravenous Infusion Set $242.53 $242.53 $0.00 0.00% N 32 Intravenous Start Kit $108.92 $108.92 $0.00 0.00% N
33 Intubation Supplies $122.63 $122.63 $0.00 0.00% N
34 IO Supplies $812.09 $812.09 $0.00 0.00% N
35 King Vision Video Larynoscope Channel Blade $45.07 $45.07 $0.00 0.00% N 36 LMA Supreme - Supraglottic Airway $54.09 $54.09 $0.00 0.00% N 37 Meconium Aspirator $24.23 $24.23 $0.00 0.00% N
Fee Description
42

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City of Milpitas

AMBULANCE
Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description
38 Nebulizer $128.09 $128.09 $0.00 0.00% N
39 Non-Rebreather Mask $29.98 $29.98 $0.00 0.00% N
40 O2 Cannula With End-Tidal $92.57 $92.57 $0.00 0.00% N 41 O2 Mask/Cannula $62.68 $62.68 $0.00 0.00% N
42 OB Pack $218.01 $218.01 $0.00 0.00% N
43 Patient Mover $87.46 $87.46 $0.00 0.00% N
44 Plueral Decompression $185.43 $185.43 $0.00 0.00% N
45 Pulse Oximetry $114.46 $114.46 $0.00 0.00% N
46 Razor, Disposable $2.27 $2.27 $0.00 0.00% N
47 Splint Arm $40.88 $40.88 $0.00 0.00% N
48 Splint Leg $40.88 $40.88 $0.00 0.00% N
49 Splinting (Extremity) $196.21 $196.21 $0.00 0.00% N
50 Strap, 5 Foot Immobization $30.16 $30.16 $0.00 0.00% N 51 Suction Tube $84.48 $84.48 $0.00 0.00% N
52 Suctioning $171.68 $171.68 $0.00 0.00% N
53 Temperature Measurement $46.00 $46.00 $0.00 0.00% N
54 Tourniquet, Combat $163.85 $163.85 $0.00 0.00% N
55 Universal Precautions $76.30 $76.30 $0.00 0.00% N
56 Urinal $27.25 $27.25 $0.00 0.00% N

MEDICATIONS
57 Acetaminophen $329.94 $329.94 $0.00 0.00% N
58 Activated Charcoal $55.37 $55.37 $0.00 0.00% N
59 Adenosine $158.06 $158.06 $0.00 0.00% N
60 Albuterol $65.40 $65.40 $0.00 0.00% N
61 Amiodarone $105.12 $105.12 $0.00 0.00% N
62 Asprin $16.35 $16.35 $0.00 0.00% N
63 Atrophine $46.33 $46.33 $0.00 0.00% N
64 Atrophine High Dose $218.54 $218.54 $0.00 0.00% N
65 Benadryl $46.33 $46.33 $0.00 0.00% N
66 Calcium Chloride $46.33 $46.33 $0.00 0.00% N
67 Dextrose 10% 25G In 250Ml Bag $66.05 $66.05 $0.00 0.00% N 68 Dopamine Drip $147.16 $147.16 $0.00 0.00% N
69 Duodote Autoinjector $136.94 $136.94 $0.00 0.00% N
70 Epi 1:1,000 1Mg/1Cc $76.30 $76.30 $0.00 0.00% N
71 Epi 1:10,000 $76.30 $76.30 $0.00 0.00% N
72 Glucagon $776.66 $776.66 $0.00 0.00% N
73 Glucose Paste $23.74 $23.74 $0.00 0.00% N
74 Lidocaine 2% $59.95 $59.95 $0.00 0.00% N
75 Midazolem $4.33 $4.33 $0.00 0.00% N
43

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City of Milpitas

AMBULANCE
Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description
76 Morphine $46.33 $46.33 $0.00 0.00% N
77 Narcan $87.20 $87.20 $0.00 0.00% N
78 Nitroglycerin Tablet $2.33 $2.33 $0.00 0.00% N
79 Nitropaste $21.23 $21.23 $0.00 0.00% N
80 Normal Saline Flush Pls 10Cc $40.74 $40.74 $0.00 0.00% N 81 Normal Saline 1000Cc $264.34 $264.34 $0.00 0.00% N
82 Ondansetron Injectable $94.83 $94.83 $0.00 0.00% N
83 Ondansetron Oral Dissolving Tablet $78.32 $78.32 $0.00 0.00% N 84 Sodium Bicarb $81.75 $81.75 $0.00 0.00% N
85 Sterile Water $65.40 $65.40 $0.00 0.00% N
86 Tranexamic Acid 1,000mg $15.55 $15.55 $0.00 0.00% N
* These fees are intended to mirror fees authorized by the Santa Clara County Emergency Medical Services Agency (Santa Clara County EMS). If Santa Clara County EMS updates fees subsequent to the adoption of this schedule, this schedule shall be presumed to reflect updated amounts. In the case of discrepancies, fee amounts authorized by Santa Clara County EMS shall supersede the amounts listed above. The City will periodically examine costs to ensure that fees collected do not exceed the City's program costs of service.
44

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City of Milpitas
POLICE
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
Inflator
Citations
1 Citation Sign off for Non Milpitas Residents $20 $45 $20 45% $0 0% N 2 Parking Citations $65 - $280 $65 - $280 $0 0% [a] N
3 Copy of Traffic & Parking citations $5 $11 $5 48% $0 0% N Alarm Fees and Fines
4 Alarm Permit
a) Alarm Permit - Initial $52 $52 per year $0 0% [b] Y
b) Alarm Permit - Renewal $26 $26 per year $0 0% [b] Y
c) Alarm Permit - Late Filing Fee 50% of permit fee 50% of permit fee $0 0% N 5 False Alarm Response (per calendar year)
a) First No Charge $267 No Charge $0 0% N
b) Second No Charge $267 No Charge $0 0% N
c) Third $98 $267 $100 37% $2 2% Y
d) Fourth $163 $267 $165 50% $2 1% Y
e) Fifth $325 $267 $325 74% ($0) 0% Y
f) Sixth or More $325 $267 $325 86% per response ($0) 0% Y 6 False Alarm Response - Additional Fee for Unregistered Alarm $33 $32 $32 100% per response ($1) -3% Y Concealed Weapon Permit
7 Concealed Weapon Permit
a) Initial Application $330 $330 $0 0% [c] N
b) Renewal Application $25 $25 $0 0% [c] N
c) Psychological Testing Actual Cost Actual Cost [c] N
d) Modification of Permit $10 $10 $0 0% [c] N
Fee Description
45

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City of Milpitas
POLICE
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
InflatorFee Description
Miscellaneous
8 Fingerprints
a) Ink Card Up to (2) Cards $25 $42 $40 95% $15 60% N
b) Ink Card Over (2) Cards $5 $5 $5 95% Each Additional Card $0 0% N c) Live Scan plus DOJ and FBI fees $25 $42 $40 95% $15 60% N 9 Subpoenas
a) Officer $275 $275 $0 0% N
b) Records $15 $15 $0 0% N
10 Administrative Tow Fees
a) Impound $346 $365 $365 100% $19 6% N
b) Stored $50 $165 $165 100% $115 230% N
11 Repossession Fee $15 $15 $0 0% N
12 Incident (Log Event) Reports $5 $21 $5 24% $0 0% N
13 Photos on CD / Digital Media $15 $32 $20 63% $5 33% N 14 Police Reports
a) Up to (10) Pages $13 $32 $15 48% $2 15% N
b) Police Reports Over (10) Pages $1 $1 per page $0 0% N 15 US Investigative Request for Law Enforcement Data $15 $63 $15 24% $0 0% N 16 Videos / Digital Reproduction Actual Cost billed in
15 minute
increments; $50
minimum
Actual Cost billed in
15 minute
increments; $50
minimum
No Change No Change [d] N
17 Massage Permits $1,000 $1,003 $1,000 100% $0 0% N
[a] Amounts vary depending on citation type.
[b] Alarm permits are issued per calendar year. Permits will expire annually on December 31st. [c] Additional fees may apply (e.g., other agency fees, fingerprinting, background testing, firearm training, etc.). [d] For requests requiring special programming or formatting the City will recover actual costs, including a pass-through of any vendor costs incurred. 46

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City of Milpitas

ANIMAL REGULATION
Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
Inflator
1 Animal Bites Penalty $200 $200 No Change No Change N
2 Animal Impoundment Hearing $50 $50 No Change No Change N 3 Animal Nuisance (e.g. barking) $100 $100 No Change No Change N 4 Animals in Excess of Maximum Allowed Penalty $50 $50 No Change No Change N 5 Failure to Apply for Annual Animal Facility Permit $20 $20 No Change No Change N 6 Inadequate Control or Confinement of Potentially Dangerous Animal Penalty $100 $100 No Change No Change N 7 Late Payments for Animal Fees 10% 10% No Change No Change 7 days N 8 Unlicensed dog or cat penalty $50 $50 No Change No Change N 9 Violation of Leash Law $25 $25 No Change No Change N
10 Dog License
a) Altered $25 $25 No Change No Change N
b) Late Fee $20 $20 No Change No Change N
c) Unaltered $65 $65 No Change No Change N
11 Cat License
a) Altered $15 $15 No Change No Change N
b) Late Fee $20 $20 No Change No Change N
c) Unaltered $35 $35 No Change No Change N
12 Dog Seller Fee
a) 1st Permit within Calendar Year $89 $89 No Change No Change N b) 2nd Permit within Calendar Year $177 $177 No Change No Change N 13 Cat Seller Fee
a) 1st Permit within Calendar Year $59 $59 No Change No Change N b) 2nd Permit within Calendar Year $118 $118 No Change No Change N 14 Animal Disposal Fee Actual Cost Actual Cost No Change No Change N 15 Quarantining Animal Fee Actual Cost Actual Cost No Change No Change N 16 Redemption of Impounded Animal Fee Actual Cost Actual Cost No Change No Change N Fee Description
47

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City of Milpitas

ANIMAL REGULATION
Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
17 Annual Animal Adoption Permit Fee $59 $59 No Change No Change N 18 Annual Animal Facility Permit Application Fee $59 $59 No Change No Change N 19 Dangerous Animal Annual Permit Fee $177 $177 No Change No Change N 20 Permit for Exception to Number or Type of Animals Allowed, Application Fee $24 $24 No Change No Change N 21 Other Requested/Required Services - See City of San Jose (The City of Milpitas contracts with the City of San Jose for various Animal Regulation services)
See City of San Jose
fee schedule
See City of San Jose
fee schedule
No Change No Change N
48

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
Inflator

ADULT RECREATION
Adult Sports Enrichment Fees
1 Sports League (full season)
a) per team $545 - $775 $545 - $775 $0 0% per season Y
b) Additional fee per non-resident player $11 $11 $0 0% per season Y

AQUATICS
2 Recreational Swim $3 - $8 $5 - $12 $2 - $4 varies per person Y 3 Swimming Lessons Group
a) Residents $85 - $116 $85 - $116 $0 0% per session Y
4 Private Swimming Lessons
a) Residents $40 - $50 $40 - $50 $0 0% per half hour lesson Y

ARTS & CULTURE PROGRAMS
5 Cultural Facilities Entrance Fee $0 - $20 $0 - $20 $0 0% per person Y 6 Cultural Event Activity Fee $0 - $20 $0 - $20 $0 0% per person Y 7 Busker Fee $0 - $20 $0 - $20 $0 0% per event Y
8 Artisan/Cottage Vendor Fee $25 - $105 $25 - $105 $0 0% per event Y 9 Theatre Audition/Cast Fee
a) Residents $0 - $143 $0 - $150 $0 - $7 varies per production Y 10 Theatre Entrance Fees
a) General Production $0 - $20 $0 - $20 $0 0% per person Y b) Special Production $0 - $50 $0 - $50 $0 0% per person Y 11 CONTRACT CLASSES / PROGRAMS Instructor:

Negotiated Rate
Instructor:

Negotiated Rate
N
Fee Description
49

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description

MEMBERSHIP
12 Senior Center Membership
a) Residents $14 - $18 $15 - $20 $1 - $2 varies per year Y b) Non-Resident $34-$38 $35 - $40 $1 - $2 varies per year Y Sports Center Membership
13 Fitness Passes - Per Visit Packages
a) 5 visits $27 $27 $0 0% per package Y
b) 10 visits $54 $54 $0 0% per package Y
c) 15 visits $81 $81 $0 0% per package Y
d) 20 visits $108 $108 $0 0% per package Y
14 Fitness Passes Senior (50+) - Per Visit Packages
a) 5 visits $17 $17 $0 0% per package Y
b) 10 visits $34 $34 $0 0% per package Y
c) 15 visits $51 $51 $0 0% per package Y
d) 20 visits $68 $68 $0 0% per package Y
15 Drop-In Fee $8 - $14 $8 - $14 $0 0% per package Y
16 Sports Center Unlimited Packages
a) Monthly $70 $70 - $80 $0 - $10 varies per package Y
b) 3 Months $210 $210 - $220 $0 - $10 varies per package Y c) 6 Months $310 $310 - $320 $0 - $10 varies per package Y d) 12 Months $510 $510 - $520 $0 - $10 varies per package Y 17 Sports Center Unlimited Packages - Senior (50+)
a) Monthly $40 $40 - $50 $0 - $10 varies per package Y
b) 3 Months $95 $95 - $105 $0 - $10 varies per package Y c) 6 Months $145 $145 - $155 $0 - $10 varies per package Y d) 12 Months $255 $255 - $265 $0 - $10 varies per package Y 18 Fitness Passes - Per Visit Packages - Non Resident
a) 5 visits - Non Resident $32 $32 $0 0% per package Y
b) 10 visits - Non Resident $64 $64 $0 0% per package Y c) 15 visits - Non Resident $96 $96 $0 0% per package Y d) 20 visits - Non Resident $128 $128 $0 0% per package Y 19 Fitness Passes Senior (50+) - Per Visit Packages
a) 5 visits - Non Resident $22 $22 $0 0% per package Y
b) 10 visits - Non Resident $44 $44 $0 0% per package Y c) 15 visits - Non Resident $66 $66 $0 0% per package Y d) 20 visits - Non Resident $88 $88 $0 0% per package Y 50

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
20 Sports Center Unlimited Packages
a) Monthly - Non Resident $80 $80 - $90 $0 - $10 varies per package Y b) 3 Months - Non Resident $238 $238 - $248 $0 - $10 varies per package Y c) 6 Months - Non Resident $362 $362 - $372 $0 - $10 varies per package Y d) 12 Months - Non Resident $611 $611 - $621 $0 - $10 varies per package Y 21 Sports Center Unlimited Packages - Senior (50+)
a) Monthly - Non Resident $49 $49 - $59 $0 - $10 varies per package Y b) 3 Months - Non Resident $119 $119 - $129 $0 - $10 varies per package Y c) 6 Months - Non Resident $191 $191 - $201 $0 - $10 varies per package Y d) 12 Months - Non Resident $347 $347 - $357 $0 - $10 varies per package Y Artificial Turf Field
22 Deposit (Football/Soccer)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV & V $1,000 $1,000 $0 0% N
23 Deposit (Soccer/Volleyball)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV & V $750 $750 $0 0% N
24 Artificial Turf Football/Soccer w/o lights
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $160 $160 $0 0% per hour N
c) Priority V $321 $321 $0 0% per hour N
25 Artificial Turf Football/Soccer w/ lights
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $171 $171 $0 0% per hour N
c) Priority V $342 $342 $0 0% per hour N
26 Artificial Turf Volleyball/Soccer w/o lights
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $109 $109 $0 0% per hour N
c) Priority V $217 $217 $0 0% per hour N
27 Artificial Turf Volleyball/Soccer w/ lights
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $119 $119 $0 0% per hour N
c) Priority V $238 $238 $0 0% per hour N
51

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
28 Tournament: Field w/o lights (Football)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $228 $235 $7 3% per hour N
c) Priority V $342 $353 $11 3% per hour N
29 Tournament: Field w/ lights (Football)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $238 $245 $7 3% per hour N
c) Priority V $357 $368 $11 3% per hour N
30 Tournament: Field w/o lights (Small)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $171 $176 $5 3% per hour N
c) Priority V $256 $264 $8 3% per hour N
31 Tournament: Field w/ lights (Small)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $181 $187 $6 3% per hour N
c) Priority V $272 $280 $8 3% per hour N
Community Center Rentals
32 Application Fee (non-refundable) $21 - $31 $31 - $41 $10 varies per rental N 33 Rental Deposits: Classroom/Conference Room $200 $200 $0 0% per rental N 34 Rental Deposits: Auditorium $500 $500 $0 0% per rental N 35 Rental Deposits: Auditorium Screen $250 $250 $0 0% per rental N 36 Auditorium (3 hr. minimum)
a) Priority II no fee no fee $0 0% N
b) Priority III $109 $109 $0 0% per hour N
c) Priority IV $217 $217 $0 0% per hour N
d) Priority V $279 $279 $0 0% per hour N
37 Conference Room (2 hr. minimum)
a) Priority II no fee no fee $0 0% N
b) Priority III $38 $38 $0 0% per hour N
c) Priority IV $77 $77 $0 0% per hour N
d) Priority V $139 $139 $0 0% per hour N
38 Dance Studio. Craft Classroom (2 hr. minimum)
a) Priority II no fee no fee $0 0% N
b) Priority III $22 $22 $0 0% per hour N
c) Priority IV $43 $43 $0 0% per hour N
d) Priority V $106 $106 $0 0% per hour N
52

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
39 Facility Attendant Fees
a) Priority II,III, IV $32 $32 $0 0% per hour N
b) Priority V $64 $64 $0 0% per hour N
40 Piano
a) Priority III, IV $22 $22 $0 0% per day N
b) Priority V $87 $87 $0 0% per day N
41 Auditorium Sound System (includes staff time) $54 $54 $0 0% per hour N Field Rentals
42 Application Fee (non-refundable) $21 - $31 $31 - $41 $10 varies [a] N 43 Rental Deposits
a) Priority II & III n/a n/a $0 0% N
b) Priority IV & V $750 $750 $0 0% N
44 Cricket Pitch
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $32 $32 $0 0% per hour N
c) Priority V $64 $64 $0 0% per hour N
45 Soccer Field w/o lights (2hr. Minimum)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $32 $32 $0 0% per hour N
c) Priority V $64 $64 $0 0% per hour N
46 Soccer Field w/ lights (2hr. Minimum)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $43 $43 $0 0% per hour N
c) Priority V $87 $87 $0 0% per hour N
47 Softball/ Baseball Field w/o lights (2hr minimum)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $22 $22 $0 0% per hour N
c) Priority V $43 $43 $0 0% per hour N
48 Softball/ Baseball Field w/ lights (2hr minimum)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $32 $32 $0 0% per hour N
c) Priority V $64 $64 $0 0% per hour N
53

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
49 Tournaments: Field w/o lights
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $65 $65 $0 0% per hour N
c) Priority V $130 $130 $0 0% per hour N
50 Tournaments: Field w/ lights
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $86 $86 $0 0% per hour N
c) Priority V $172 $172 $0 0% per hour N
Gym, Courts & Pool Rentals
51 Application Fee (non-refundable) $21 - $31 $31 - $41 $10 varies N 52 Rental Deposit
a) Priority II & III n/a n/a $0 0% N
b) Priority IV & V $750 $750 $0 0% N
53 Large Gymnasium (3 hr. minimum)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $88 $92 $4 5% N
c) Priority V $176 $184 $8 5% N
54 MSC Dance Studio (2 hr. minimum)
a) Priority II no fee no fee $0 0% N
b) Priority III $21 $22 $1 5% per hour N
c) Priority IV $42 $44 $2 5% per hour N
d) Priority V $102 $107 $5 5% per hour N
55 Tournaments: Large Gymnasium (3 hr. Minimum)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $150 $158 $8 5% N
c) Priority V $233 $245 $12 5% N
56 Training Pool (2hr. minimum)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $54 - $74 $54 - $74 $0 0% per hr + 2 guards N c) Priority V $108 - $128 $108 - $128 $0 0% per hr + 2 guards N 57 Yard Pool (2 hr. minimum)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $67 - $87 $67 - $87 $0 0% per hr + 2 guards N c) Priority V $135 - $155 $135 - $155 $0 0% per hr + 2 guards N 54

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
58 Meter Pool (2 hr. minimum)
a) Priority II & III n/a n/a $0 0% N
b) Priority IV $78 - $98 $78 - $98 $0 0% per hr + 2 guards N c) Priority V $155 - $175 $155 - $175 $0 0% per hr + 2 guards N 59 Facility Attendant/Scorekeeper (per attendant) [a]
a) Priority II & IV $32 $32 $0 0% per hour N
b) Priority V $64 $64 $0 0% per hour N
60 Lifeguard Fees (per Lifeguard) [a]
a) Priority II & IV $21 $22 $1 6% per hour N
b) Priority V $41 $43 $2 4% per hour N
61 Classroom (2hr. minimum)
a) Priority II n/a n/a $0 0% N
b) Priority III $22 $22 $0 0% per hour N
c) Priority IV $43 $43 $0 0% per hour N
d) Priority V $106 $106 $0 0% per hour N
Higuera Adobe
62 Application Fee (non-refundable) $21 - $31 $31 - $41 $10 varies [b] N 63 Rental Deposit $500 $500 $0 0% [b] N
64 Auditorium (3hr. Minimum)
a) Priority II no fee no fee $0 0% N
b) Priority III $54 $54 $0 0% per hour N
c) Priority IV $108 $108 $0 0% per hour N
d) Priority V $170 $170 $0 0% per hour N
65 Facility Attendant Fees (per attendant)
a) Priority II, III, & IV $32 $32 $0 0% per hour N
b) Priority V $64 $64 $0 0% per hour N
55

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
City Hall
66 Application Fee (non-refundable) $30 $31 - $41 $10 varies per rental N 67 Rental Deposit $500 $500 $0 0% [b] N
68 City Hall Rotunda (2 hr. minimum)
a) Priority II no fee no fee $0 0% N
b) Priority III $41 $41 $0 0% per hour N
c) Priority IV $83 $83 $0 0% per hour N
d) Priority V $166 $166 $0 0% per hour N
69 City Hall City Council Chambers (2 hr. minimum)
a) Priority II no fee no fee $0 0% N
b) Priority III $81 $81 $0 0% per hour N
c) Priority IV $269 $269 $0 0% per hour N
d) Priority V $538 $538 $0 0% per hour N
70 City Hall Veterans Plaza (2 hr. minimum)
a) Priority II no fee no fee $0 0% N
b) Priority III $41 $41 $0 0% per hour N
c) Priority IV $83 $83 $0 0% per hour N
d) Priority V $166 $166 $0 0% per hour N
71 Staff/hour - Maintenance and/or IT (per attendent / per staff member) $52 $52 - $120 varies varies per hour / per staff N Special Event Venue/Open Space
72 Application Fee (non-refundable) $31 $31 - $41 $10 varies per application N 73 Rental Deposits $1,000 $1,000 $0 0% per day N
74 Rental Fee
a) Priority II & III $1,069 $1,069 $0 0% per day N
b) Priority IV $2,138 $2,138 $0 0% per day N
c) Priority V $3,207 $3,207 $0 0% per day N
75 Facility Attendant Fees (per attendant) $32 $32 $0 0% per hour [c],[d] N 56

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
Mobile Stage Rental
76 Deposit (All Priorities) $1,000 N
77 Rental (All Priorities) $1,370 - $2,740 per day Y
78 Light Package $110 - $1,100 per rental [c] Y
79 Light Mixer $110 - $440 per rental [d] Y
80 Light Tech $33 - $110 per hour [e] Y
81 Staff Fee $110 - $2,750 per hour [f] Y
82 Mileage $0.50 - $3.50 per mile
outside City
[g] Y
83 ADA Ramp $270 Y
84 Truss Roof Cover/ Banner Support $110 - $440 per rental [c] Y Picnic Area Rentals
76 Application Fee (non-refundable) $21 - $31 $31 - $41 $10 varies N 77 Rental Deposit: Large Picnic Area $250 $250 $0 0% N
78 Small Parks with Restrooms (50 or less capacity)
a) Priority III & IV $88 $88 $0 0% per day per area [b] N b) Priority V $155 $155 $0 0% per day per area [b] N
79 Small Parks without Restrooms (50 or less capacity)
a) Priority III & IV $67 $67 $0 0% per day per area [b] N b) Priority V $135 $135 $0 0% per day per area [b] N
80 Medium Parks 50 to 100 or less capacity
a) Priority III & IV $150 $150 $0 0% per day per area [b] N b) Priority V $212 $212 $0 0% per day per area [b] N
81 Large Parks More than 100+ capacity
a) Priority III & IV $342 $342 $0 0% per day per area [b] N b) Priority V $404 $404 $0 0% per day per area [b] N
57

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
Sal Cracolice Facility Rental
82 Application Fee (non-refundable) $22 - $34 $31 - $41 varies varies N 83 Rental Deposit Meeting Room $200 $200 $0 0% per rental N 84 Rental Deposit Amphitheater $500 $500 $0 0% per rental N 85 Rental Deposit Auditorium $500 $500 $0 0% N
86 Auditorium w/kitchenette (3hr. Minimum)
a) Priority II no fee no fee $0 0% N
b) Priority III $88 $88 $0 0% per hour N
c) Priority IV $176 $176 $0 0% per hour N
d) Priority V $238 $238 $0 0% per hour N
87 Facility Attendant Fees (per attendant)
a) Priority II, III, & IV $32 $32 $0 0% per hour N
b) Priority V $64 $64 $0 0% per hour N
88 Amphitheatre
a) Priority II, III, & IV $135 $135 $0 0% per hour N
b) Priority V $197 $197 $0 0% per hour N
89 Meeting Room (2 hr Minimum)
a) Priority II no fee no fee $0 0% N
b) Priority III $49 $49 $0 0% per hour N
c) Priority IV $97 $97 $0 0% per hour N
d) Priority V $159 $159 $0 0% per hour N
58

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
Senior Center Rentals
90 Application Fee (non-refundable) $22 - $34 $31 - $41 varies varies N 91 Rental Deposits: Auditorium $500 $500 $0 0% N
92 Rental Deposits: Classrooms
a) Priority II no fee no fee $0 0% N
b) Priority III $200 $200 $0 0% N
c) Priority IV $200 $200 $0 0% N
d) Priority V $200 $200 $0 0% N
93 Community Room Auditorium ( 3hr. Minimum)
a) Priority II no fee no fee $0 0% per hour N
b) Priority III $98 $98 $0 0% per hour N
c) Priority IV $197 $197 $0 0% per hour N
d) Priority V $259 $259 $0 0% per hour N
94 Classroom 140 and 141 (Full) (2 hr. Minimum)
a) Priority II no fee no fee $0 0% per hour N
b) Priority III $49 $49 $0 0% per hour N
c) Priority IV $97 $97 $0 0% per hour N
d) Priority V $159 $159 $0 0% per hour N
95 Classroom 140 and 141 (Half)
a) Priority II no fee no fee $0 0% per hour N
b) Priority III $27 $27 $0 0% per hour N
c) Priority IV $54 $54 $0 0% per hour N
d) Priority V $116 $116 $0 0% per hour N
96 Facility Attendant Fees (per attendant)
a) Priority II, III, & IV $32 $32 $0 0% per hour N
b) Priority V $64 $64 $0 0% per hour N
97 Dance Studio
a) Priority II no fee no fee $0 0% per hour N
b) Priority III $22 $22 $0 0% per hour N
c) Priority IV $43 $43 $0 0% per hour N
d) Priority V $106 $106 $0 0% per hour N
59

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
Community Garden
98 Garden Plots (Residents Only)
a) Potable Water Community Gardens $.75 -$ 1.15 $1.00 - $1.50 $0.25 - $0.35 varies per sq. foot N b) Recycled Water Community Gardens $.15 - $.55 $0.75 - $1.05 $0.50 - $0.60 varies per sq. foot N Pickleball / Tennis Court Rentals
99 Deposit $250 $250 $0 0% N
100 Courts w/o lights (per court)
a) Priority II & III n/a n/a $0 0% per hour / per court N b) Priority IV $9 $9 $0 0% per hour / per court N
c) Priority V $11 $18 $7 67% per hour / per court N
101 Courts w/ lights (per court)
a) Priority II & III n/a n/a $0 0% per hour / per court N b) Priority IV $11 $11 $0 0% per hour / per court N
c) Priority V $13 $21 $8 62% per hour / per court N
102 Tournament: Courts w/o lights (per court)
a) Priority II & III n/a n/a $0 0% per hour / per court N b) Priority IV $28 $28 $0 0% per hour / per court N
c) Priority V $56 $56 $0 0% per hour / per court N
103 Tournament: Courts w/ lights (per court)
a) Priority II & III n/a n/a $0 0% per hour / per court N b) Priority IV $32 $32 $0 0% per hour / per court N
c) Priority V $65 $65 $0 0% per hour / per court N
Senior Enrichment Fees(50+ years of age)
104 Senior Center Programs-Classes $5 - $8 $5 - $8 $0 0% per hour instruction Y 105 Senior Center Citizen Trip Admin Fee Actual cost to City + Trip Admission Fee
Actual cost to City + Trip
Admission Fee
$0 0% per activity [e] Y
106 Senior Center Events $0 - $20 $0 - $25 $0 - $5 varies per day/ticket Y 107 Senior Center Event Non-Member Fee $5 - $10 $5 - $10 $0 0% per day/ticket Y 108 Senior Center Program/Class Non-Resident Fee $11 $11 $0 0% per class Y 60

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description

SPECIAL EVENTS
Special Event Fees
109 Special Event Entrance Fee $0 - $150 $0 - $150 $0 0% per event Y 110 Special Events Activity Fee $0 - $40 $0 - $50 $0 - $10 varies per activity Y 111 Special Event Vendor Fees $105 - $545 $105 - $545 $0 0% per space OR 5% - 20% net sales
Y
112 Special Event Non-Profit Vendor Fees $0 - $275 $0 - $275 $0 0% per space OR 0% - 10% net sales
Y
YOUTH
Youth Enrichment Fees
113 Youth Sports User Fee
a) Outdoor $10 $10 $0 0% per player per season Y
b) Indoor $21 $21 $0 0% per player per season Y
114 After School Program
a) Residents $8 - $15 $10 - $20 $2 - $5 varies per day for residents Y b) Drop-In n/a - new $15 - $40 n/a - new n/a - new per day Y 115 Late fee for After-School/Day Camp Programs
a) 1st offense & 2nd offense $12 $12 $0 0% per each 10 minutes Y b) 3rd offense or more $28 $28 $0 0% per each 10 minutes Y 116 Day Camp (Regular Day) – Internal Staff Run $202 - $223 $202 - $223 $0 0% per week Y 117 Day Camp Extended Care – Internal Staff Run $46 $46 $0 0% per week Y Department General Fees
118 General Internal Class Program Fees Staff time + Materials Staff time + Materials $0 0% Y 119 Membership Card replacement fee $5 $5 $0 0% Y
120 Transaction Fee $4 - $7 $1 - $12 ($3) - $5 varies per receipt Y 121 Trips Actual cost to City + Trip
Admission Fee
Actual cost to City + Trip
Admission Fee
$0 0% Y
122 General Non-Resident Fees $22 - $33 $22 - $33 $0 0% per person/class/ month/program or trip
Y
123 Rental Deposits: All other rooms $200 $200 $0 0% N
124 Recreation Services Merchandise actual cost + % mark-up actual cost + % mark-up $0 0% Y 125 Milpitas Resident Senior Citizen Discount (50 years+) 25% off any non-senior center based class
25% off any non-senior
center based class
$0 0% Y
61

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City of Milpitas

RECREATION
Legend for Recreation Fees:

Priority II= Milpitas Public Schools, Chamber, and Gov. Agencies; Priority III= Resident Non-Profits; Priority IV= Milpitas Residents; Priority V= Non-Resident Current Fee Proposed Fee
Proposed
Change ($)
Proposed
Change (%) Charge Basis Note
Yearly
InflatorFee Description
126 Rental Transfer Fee $100 $100 $0 0% per request Y
127 Transaction Fee $4 - $7 $4 - $10 $0 - $3 varies per transaction Y 128 Picnic Rental Transfer Fee $30 $30 $0 0% per request Y Notes:
[a] No fee for Priority III.
[b] No fee for Priority II.
[c] Based on needs and packages.
[d] Based on needs and days.
[e] Based on cost of tech.
[f] Based on needs, actual costs of staff used in rental, time for load in/out and transportation. [g] Based on current gas prices.
[e] Depending on trip costs.

Additional Notes:
* Recreation Fees recovery goals may be adjusted/balanced based on market factors. 62

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City of Milpitas

FINANCE / ADMINISTRATIVE FEES
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
Inflator
1 Bond Payoff Calculation $187 $201 $200 99% $13 7% Y
2 Business License
a) New Application Processing Fee $50 $67 $65 97% per year $15 30% Y b) Processing Fee (renewal) $25 $27 $27 100% per year $2 7% Y 3 Phone Check Fee (User Fee - Finance) $15 $27 $15 56% $0 0% N 4 Property Damage Invoice Processing Fee $30 $40 $40 99% plus replacement cost
$10 33% Y
5 Credit Card Transaction Processing Fee 2.40% 2.40% 100% % of amount paid by credit card
$0 0% N
Fee Description
63

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City of Milpitas

CITY CLERK FEES
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
Inflator
1 Late Fine for Political Reform Act Filings $10 $10 n/a per day; up to $100 maximum fine
No Change No Change [a] N
2 Retrieval Fee for Political Reform Act Statements (5 or more years old)
$5 per search plus
$0.10 per page
$5 per search plus
$0.10 per page
n/a No Change No Change [b] N
3 Bingo License Renewals (Municipal Code) $50 $50 n/a No Change No Change [c] N 4 Public Records Duplication Fees
a) Standard B&W (up to 11" x 17") $0.10 $0.15 n/a per page $0.05 50% Y b) Standard Color (up to 11" x 17") $0.10 $0.35 n/a per page $0.25 250% Y c) Large Format (larger than 11" x 17") $4.00 $4.00 n/a per page No Change No Change Y d) Requests Requiring Special Programming or Formatting Actual Cost Actual Cost per hour / T&M No Change No Change N 5 Lobbyist Annual Registration Fee $50 $50 n/a per registration No Change No Change [d] N a) For each client with compensation in excess of $500 $15 $15 n/a No Change No Change N 6 City Council Meeting Agenda Subscription $20 plus postage $22 $20 plus postage 93% per mailed hard copy No Change No Change N Fee Description
[a] Set by California Government Code Section 91013.
[b] Set by California Government Code Section 81008.
[c] Set by California Penal Code Section 326.5.
[d] Fee set to match California Secretary of State.
64

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City of Milpitas

INFORMATION TECHNOLOGY
Current Fee Cost of Service Proposed Fee
Proposed Cost
Recovery Charge Basis
Proposed
Change ($)
Proposed
Change (%) Note
Yearly
Inflator
1 Digital Media Reproduction $20 $46 $20 44% per flash drive/DVD, etc.
$0 0% N
2 Requests Requiring Special Programming or Formatting Actual Cost varies Actual Cost n/a per hour / T&M No Change No Change N Fee Description
65

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Accept the Improvements, and Authorize the City Engineer to File a Notice of Completion and Issue a Notice of Final Acceptance after the One-Year Warranty Period for Dempsey Road Water Line Replacement (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/5/2026
Recommendation: (1) Adopt a resolution to accept the improvements; and (2) Authorize the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty period for Dempsey Road Water Line Replacement, CIP Nos. 7100 and 7118.

BACKGROUND:

On March 18, 2025, the City Council awarded a construction contract to Cratus, Inc. in the amount of $5,463,800 for the Dempsey Road Water Line Replacement, CIP Nos. 7100 and 7118 (Project). The Project included construction to replace approximately 6,000 feet of 12-inch diameter asbestos cement or cast iron pipe with polyvinyl chloride pipe (PVC) or ductile iron pipe along Dempsey Road from N. Park Victoria Drive to south of the Yosemite Drive intersection, and Yosemite Drive from N. Park Victoria Drive to east of the Interstate 680 overpass. The pipeline was installed in the 1970s and experienced excessive corrosion, causing an untold number of service disruptions over the past several years.

ANALYSIS:

The Project was successfully completed on time and within budget. Staff recommends the City Council adopt a Resolution (Attachment A) granting acceptance of the Project and authorizing the City Engineer to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code. Staff also recommend the City Council authorize the City Engineer to issue a Notice of Final Acceptance after the one-year warranty period without further City Council action, provided that all warranty work is completed to the satisfaction of the City Engineer.

POLICY ALTERNATIVES:

Alternative: Deny the adoption of the Resolution granting acceptance of the Project and filing the Notice of Completion.

Pros: None.

Cons: A denial would result in the City being unable to accept the completed improvements, commence the one-year warranty period in accordance with the contract documents, and release any remaining funds back into the Project budget.

Reason Not Recommended: Since the Contractor has completed the Project in accordance with the approved contract documents, denying acceptance of the Project could be considered as a breach of contract and risk a claim by the Contractor.

FISCAL IMPACT:

There is no fiscal impact as the Project has been completed within the approved budget. The Public Works Department will be responsible for maintenance and operations of the improvements. Any required additional

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funding for ongoing maintenance will be requested through future budget appropriations as the City Council considers and adopts the annual operating budget.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

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.

ATTACHMENTS:
(a) Resolution and Notice of Completion

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS GRANTING ACCEPTANCE OF THE DEMPSEY ROAD WATER LINE REPLACEMENT, CIP NOS. 7100 AND 7118

WHEREAS, the City of Milpitas has heretofore entered into contract with Cratus, Inc., in the amount of $5,463,800 for the Dempsey Road Water Line Replacement, CIP Nos. 7100 and 7118 (“Project”); and

WHEREAS, the City Engineer of the City of Milpitas has recommended acceptance of said improvements as completed in accordance with plans, specifications and approved change orders and correction lists, and in accordance with the final inspection of said City Engineer.

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 of Milpitas does hereby accept said improvements as completed on this 5 th day of May, 2026, and does hereby authorize and direct the City Engineer of the City of Milpitas to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code of the State of California, and does hereby authorize and direct the City Engineer to file a Certificate of Completion in accordance with the provisions of Section 4005 of the Government Code of the State of California, if said work was by day’s labor or force account.

3. The City Council authorizes the City Engineer to issue the Notice of Final Acceptance after the one-year warranty period without further City Council action, provided all required warranty repairs are completed to the satisfaction of the City Engineer; and nothing herein contained shall in any way be deemed to be a waiver, release or relinquishment by City of any obligations imposed upon the contractor or its surety, or sureties, by law or by the above-referenced improvement contract, save and except those obligations specifically mentioned herein.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Christian Curtis, City Attorney

Page 193 of 868 ends

2 Resolution No. ____

Recording Requested by and
When Recorded Mail to:

City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Attention: City Clerk

Record without fee under
Section 6103 - Government Code
State of California

CITY OF MILPITAS

NOTICE OF COMPLETION
(Civil Code Section 9204)

NOTICE IS HEREBY GIVEN:

1. On or about March 18, 2025, the City Council of the City of Milpitas, a municipal corporation of the State of California, whose address is City Hall, 455 East Calaveras Boulevard, Milpitas, California, 95035 (as owner) entered into a contract for work of: Dempsey Road Water Line Replacement, CIP Nos. 7100 and 7118.

2. A description of the site of which the City is owner for said work of improvement is: Dempsey Road from N.

Park Victoria Drive to south of the Yosemite Drive intersection, and Yosemite Drive from N. Park Victoria Drive to east of the Interstate 680 overpass in the City of Milpitas, Santa Clara County, California, more particularly described on the plans.

3. The name and address of the direct contractor is: Cratus, Inc., 945 Taraval Street #302, San Francisco, CA 94116.

4. A general statement of the kind of work done or materials furnished to the City is as follows: The Project provides replacement of approximately 6,000 feet of 12-inch diameter asbestos cement or cast iron pipe with polyvinyl chloride (PVC) or ductile iron pipe, replacing fire hydrants and water valves, and repairing concrete sidewalk, curb and gutter.

5. Said work of improvements was accepted by the Milpitas City Council as completed on May 5 th, 2026.

************************************************************************************* I, the undersigned, declare that I am the City Engineer of the City of Milpitas and am authorized to execute the foregoing Notice of Completion and this Verification thereof. I have read the foregoing Notice of Completion.

I declare under penalty of perjury that the foregoing Notice of Completion is true and correct. Executed on ________, 2026 at Milpitas, California.

__________________________________
Michael Silveira, P.E., City Engineer
City of Milpitas
_____________________________________________________________________________________ NOTE: RECORD WITHIN 15 DAYS OF ACCEPTANCE WITH COUNTY RECORDER OF SANTA

CLARA COUNTY

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to DeSilva Gates Construction LLC for Street Resurfacing Project 2026, and Approve Budget Amendment for Street Resurfacing Project FY2024-25 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586- 2602; and Michael Silveira, City Engineer, 408-586-3303) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/5/2026
Recommendation: Adopt a Resolution to: (1) Approve Project plans and specifications; (2) Award the construction contract to the lowest responsible and responsive bidder DeSilva Gates Construction LLC in the amount of $3,630,558; (3) Authorize the City Manager, or designee, to execute the construction contract with DeSilva Gates Construction LLC; (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not-to-exceed $545,000 for the Street Resurfacing Project 2026, CIP Nos. 3426, 3440, 4283, and 4307; and (5) Approve a budget amendment to appropriate funding from CalRecycle in the amount of $375,000 for the Street Resurfacing Project FY2024-25, CIP Project No. 4300.

BACKGROUND:

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

The workplan for Street Resurfacing Project 2026, CIP Nos. 3426, 3440, 4283, and 4307 (Project) is included in the adopted FY2026-2030 Capital Improvement Program. The Project provides for the design and construction of asphalt concrete improvements consisting of grind and overlay, crack and slurry sealing, and spot repairs; concrete improvements consisting of repairs to curb, gutter, and sidewalk, and curb ramp replacements to comply with the Americans with Disabilities Act; enhance pedestrian safety along the roadway and at signalized/unsignalized intersections; modernize and upgrade traffic signal equipment (e.g. detection cameras and controllers) at seven intersections; upgrade bike lane facilities; and reinstall striping and pavement delineation. As part of the accepted workplan, the Project included the following streets as the base bid:

• Yellowstone Avenue from South Park Victoria Drive to Landess Avenue; • South Park Victoria Drive from Yosemite Drive to Yellowstone Avenue; • Acadia Avenue, Big Basin Drive, Glacier Avenue, Lassen Avenue, Olympic Drive, Platt Avenue and Court, and Saratoga Avenue.

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

• Alternative 1: Base repairs along South Park Victoria Drive from East Calaveras Blvd. to Yosemite Drive, and Yellowstone Avenue to Landess Avenue.

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ANALYSIS:

The Project was advertised on the City’s eProcurement system, OpenGov Procurement, and digital construction trade publications on March 13, 2026, and in the Milpitas Post on March 13, and March 20, 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. The Project was also posted at Milpitas City Hall, Sports Center, and Senior Center per City Council direction and Government Code Section 36933. The bid opening was held on April 08, 2026, and eleven (11) sealed bids were received with the price range for the base bid from $3,377,338 to $4,396,863. The apparent lowest bidder was DeSilva Gates Construction LLC, submitting a base bid in the amount of $3,377,338. The Council’s agenda packet includes detailed information about the Project’s Plan and Specifications (Attachment B); and the Engineer’s Construction Estimate and the Bid Results for the Project’s base bid and alternative bid item (Attachment C). The Summary of Bid Results is as follows:

Bidder Base Bid Bid Alternate No. 1
Engineer’s Estimate $4,480,447.50 $171,630.00

DeSilva Gates Construction LLC $3,377,338.00 $253,220.00 MCK Services, Inc. $3,417,896.60 $222,869.50
Radius Earthwork, Inc. $3,512,836.40 $407,629.90
McGuire and Hester $3,555,555.00 $275,083.00
Bay Cities Paving and Grading, Inc. $3,746,578.48 $204,495.81 Interstate Grading and Paving, Inc. $3,765,441.00 $246,800.00 McKim Corporation $3,779,722.40 $266,400.00
O’Grady Paving, Inc. $3,889,148.00 $286,590.00
Cato’s General Engineering, Inc. $3,979,866.00 $240,583.00 Precision Grade, Inc. $4,351,138.00 $231,870.00
Joseph J Albanese, Inc. $4,396,863.00 $237,930.00

The bid pricing received varies between 2% to 25% under the Engineer’s Construction Estimate. The variation is likely due to various factors such as, but not limited to, favorable construction market, timing of the bid posting, contractor’s work schedule, an increase in competition 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 DeSilva Gates Construction LLC, the apparent lowest bidder, and found their bid proposal to be responsive. The Notice of Intent to Award Contract (Attachment D) to DeSilva Gates Construction LLC, was posted on OpenGov Procurement and no bid protests were filed with the City.

Staff recommends awarding a construction contract in the base bid amount of $ $3,377,338 plus alternate bid item no. 1 in the amount of $253,220 for the total amount of $3,630,558 to DeSilva Gates Construction LLC, 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 $545,000 which is approximately 15% of the total contract value. As previously approved for the successful completion of recent projects with tight completion schedules, staff requests the use of the same change order policy used for previous projects (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/PROGRAM SCHEDULE:

Upon City Council adoption of the Resolution (Attachment A), construction is anticipated to start in June/July and be completed by the Fall.

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BUDGET AMENDMENT FOR STREET RESURFACING PROJECT FY 2024-25, CIP NO. 4300 The Rubberized Pavement Grant Program established by the California Department of Resources Recycling and Recovery (CalRecycle Grant) provides grant funding to local agencies that use rubberized material for hot mix asphalt concrete and chip seal projects. The CalRecycle Grant Program aims to repurpose waste tires to reduce the environmental impacts of waste tire disposal and stockpiling generated in California. CalRecycle provides grant funding up to $375,000 for an individual application that utilizes at least 2,000 tons of Rubberized Asphalt Concrete (RAC) or 40,000 square yards of Rubberized Chip Seal (RSC) for a project.

On September 2, 2025, City Council adopted Resolution No. 9449 (Attachment F) that authorizes the City Manager, or designee, to submit an application to CalRecycle for the Rubberized Pavement Grant Program and execute all documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant projects for the next five fiscal years. On September 11, 2025, staff applied for the FY 2025-26 cycle in the amount of $375,000 to install approximately 12,500 tons of rubberized asphalt concrete on Dempsey Road, Great Mall Parkway, and/or Yellowstone Ave. for the Street Resurfacing Projects in 2026. CalRecycle awarded $375,000 to the City on January 16, 2026, and staff recommends appropriating these funds into Street Resurfacing Project FY2024-25, CIP No. 4300.

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

POLICY ALTERNATIVE(S):

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

Pros: None.

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

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

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

Pros: None.

Cons: Not approving the Budget Amendment would prevent the City from requesting reimbursement totaling $375,000 from CalRecycle to support the Street Resurfacing Program.

Reason for Not Recommending: The Street Resurfacing Program is essential to ensure long-term optimal pavement performance and maintain the City’s goal of a PCI rating of at least 70. Not approving the budget Street Resurfacing
Project FY2024-25, CIP
No. 4300

Current Adopted
Budget
Proposed Budget
Increase/(Decrease)
Proposed Budget Total
SB1 RMRA $2,333,311 - $2,333,311
Measure B $2,097,562 - $2,097,562
Vehicle Registration Fee $539,502 - $539,502
Grant Fund (CalRecycle) - $375,000 $375,000
Total $4,970,375 $375,000 $5,345,375

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amendment would miss an opportunity to increase the annual project budget that would be used to extend street maintenance efforts in future fiscal years.

FISCAL IMPACT:

The Project will be funded by various CIP projects, including Nos. 3426, 3440, 4283, and 4307, to complete the work. Sufficient funds are available across all CIP projects, and no additional funding is required. In summary, CIP Project No. 3426 will fund concrete work along Yellowstone Avenue and South Park Victoria Drive; CIP Project No. 3440 will fund the traffic signal modifications along Yellowstone Avenue and South Park Victoria Drive; CIP Project No. 4283 will fund curb ramp replacements and a portion of pedestrian striping and delineation; CIP Project No. 4307 will fund asphalt, and striping improvements on Yellowstone Avenue, South Park Victoria Drive, and its neighborhood streets. The allocation of funding from various CIP projects is summarized below:

Summary of Estimated Construction Cost:

Base Bid $3,377,338
Bid Alternative No. 1 $253,220
15% Contingency $545,000
Total $4,175,558

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The Project consists of the repair and maintenance of existing public streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities as it involves negligible or no expansion of existing use, which is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301. The Notice of Exemption was filed with the County of Santa Clara on March 18, 2026.

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
(f) Resolution No. 9449
(g) Budget Change Form
CIP Number
Project Funding
Allocation
Uncommitted Balance
as of April 15, 2026
CIP No. 3426 $200,000 $1,681,000
CIP No. 3440 $561,000 $1,227,000
CIP No. 4283 $340,000 $340,000
CIP No. 4307 $2,530,338 $4,420,000
Total Funding
Allocation/Available
$3,630,558 $7,668,000

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RESOLUTION NO. ______

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

THE CONSTRUCTION CONTRACT TO THE LOWEST RESPONSIBLE AND

RESPONSIVE BIDDER, DESILVA GATES CONSTRUCTION LLC, IN THE AMOUNT OF $3,630,558; AUTHORIZING THE CITY MANAGER, OR

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

WORKS DIRECTOR TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT-TO-EXCEED $545,000, FOR STREET RESURFACING PROJECT 2026, CIP NOS. 3426, 3440, 4283, 4307; AND

APPROVING THE BUDGET AMENDMENT TO APPROPRIATE CALRECYCLE GRANT FUNDING IN THE AMOUNT OF $375,000 INTO THE STREET RESURFACING PROJECT 2025-26, CIP PROJECT NO. 4300

WHEREAS, the workplan of the Street Resurfacing 2026 Project, CIP Nos. 3426, 3440, 4283, and 4307 (collectively referred to herein as the “Project”) is included in the adopted FY2026-2030 Capital Improvement Program. The Project provides for the design and construction of asphalt concrete improvements consisting of grind and overlay, crack and slurry sealing, and spot repairs; concrete improvements consisting of repairs to curb, gutter, and sidewalk, and curb ramp replacements to comply with the Americans with Disabilities Act; enhance pedestrian safety along the roadways and at signalized/unsignalized intersections; modernize and upgrade equipment at seven traffic signal intersections; upgrade bike lane facilities; and reinstallation of striping and pavement delineation. As part of the accepted workplan, the Project includes the following streets as the base bid:

• Yellowstone Avenue from S. Park Victoria Drive to Landess Avenue; • S. Park Victoria Drive from Yosemite Drive to Yellowstone Avenue; • Acadia Avenue, Big Basin Drive, Glacier Avenue, Lassen Avenue, Olympic Drive, Platt Avenue and Court, and Saratoga Avenue.

Project also included the following work as bid alternative in the event of sufficient funding to award the alternative with the base scope.

• Alternative 1: Base repairs along S. Park Victoria Drive from E. Calaveras Blvd. to Yosemite Drive, and Yellowstone Avenue to Landess Avenue.

WHEREAS, the Project was advertised on the City’s eProcurement system, OpenGov Procurement, and digital construction trade publications on March 13, 2026, and in the Milpitas Post on March 13 and 20, 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 $4,480,447 and Bid Alternate No. 1 is $171,630; and

WHEREAS, on April 08, 2026, 11 sealed bid proposals were received and the base bid pricing ranged from $3,377,338 to $4,396,863; and

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2 Resolution No. ____

WHEREAS, the lowest responsible bidder submitting a responsive bid is DeSilva Gates Construction LLC, in the amount of $3,630,558; and

WHEREAS, the Notice of Intent to Award Contract to DeSilva Gates Construction LLC, was posted on OpenGov Procurement on April 13, 2026, and no bid protest was filed with the City within seven (7) days of the notice of intent to award as set forth in the Milpitas Municipal Code I-2-3.19 – Protest Procedure; and

WHEREAS, staff recommends the City Council award a construction contract to DeSilva Gates Construction LLC, the lowest responsible bidder submitting a responsive bid, for the Project, and authorize the City Manager, or designee, to execute a contract for the Base Bid and Alternative Bid No. 1 in the amount of $3,630,558 in accordance with the State law; and

WHEREAS, sufficient funds are available in the Project to award the contract to DeSilva Gates Construction LLC, in the total amount of $3,630,558; 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 $545,000, approximately fifteen percent (15%) of the total contract value, for the Project’s timely completion and staff’s capability to respond swiftly to unanticipated construction conditions to limit potential claims or risk to the City; and

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

WHEREAS, on September 02, 2025, City Council adopted Resolution No. 9449 to authorize the City Manager, or designee, to submit an application to Rubberized Pavement Grant Program established by the California Department of Resources Recycling and Recovery (CalRecycle) and execute all documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant projects for the next five fiscal years; and

WHEREAS, on January 16, 2026, CalRecycle awarded $375,000 to the City to install approximate 12,500 tons rubberized asphalt concrete on Dempsey Road, Great Mall Parkway, and/or Yellowstone Ave. for the Street Resurfacing Projects in 2026; and

WHEREAS, staff recommends the City Council approve the Budget Amendment to appropriate CalRecycle grant funding in the amount of $375,000 into the Street Resurfacing Project FY 2025-26, CIP No. 4300.

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

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

2. The City Council hereby approves the project plans and specifications.

3. The City Council hereby awards the construction contract to and authorizes the City Manager, or designee, to execute the contract and related documents with the lowest responsible bidder submitting a responsive bid, DeSilva Gates Construction LLC, in the

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3 Resolution No. ____

amount of $3,630,558 for the Project. The City Manager, or their designee, is authorized to execute a contract with DeSilva Gates Construction LLC not to exceed this amount and take all necessary actions to effectuate this award.

4. The Public Works Director is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $545,000 for the Project.

5. The City Council hereby approves the Budget Amendment to appropriate CalRecycle grant funding in the amount of $375,000.00 into the Street Resurfacing Project FY 2025-26, CIP No. 4300.

PASSED AND ADOPTED this 5th day of May, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Christian Curtis, City Attorney

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I-680
RevisionsRecord Drawings

CITY OF MILPITAS
STREET RESURFACING PROJECT - 2026

CITY OF MILPITAS, COUNTY OF SANTA CLARA
CITY PROJECT NO. 3426, 3440, 4283, 4295, 4300, 4307 VICINITY MAPN N

PROJECT

LOCATION

UTILITY CONTACTS LIST SHEET INDEX
FUNDED IN PART BY:

LOCATION MAP
BID ALTERNATIVE #1
BID ALTERNATIVE #1
BID ALTERNATIVE #1
3/16/2026
03/16/2026

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RevisionsRecord Drawings
N
L-1
L-2
L-3
L-4
L-5
L-6 L-7
L-7
L-8

ACADIA AVE

GLACIER DR

LASSEN AVE

OLYMPIC DR

PLATTAVE

ACADIA AVE

GLACIER DR

LASSEN AVE

OLYMPIC DR

PLATT AVE

SARATOGA DR

YELLOWSTONE AVE

CORKTREE LN

TAHOE DR

ROCKY MOUNTAIN AVE

BUTANO DR

S PARK VICTORIA DR

YOSEMTIE DR

BIG BASIN DR

S PARK VICTORIA DR

LANDESS AVE

YELLOWSTONE
AVE
PD-3
PD-4 PD-5
PD-5
PD-6

LANDESS AVE

CLEAR LAKE AVE

CALAVERAS BLVD

CANTON DR

EDSEL DR

MT SHASTA AVE
BA-1
BA-1
PD-2
BA-2
BA-2
BA-3

S PARK VICTORIA DR
PD-2PD-3

YELLOWSTONE
AVE

SEQUOIA DR
LEGEND

ABBREVIATIONS
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BID ALTERNATIVE #1
VARIOUS ROADWAYS, SEE LAYOUTS.

S. PARK VICTORIA DRIVE

YELLOWSTONE AVENUE

ACADIA AVENUE & GLACIER DRIVE
STRUCTURAL SECTIONS:

NOTES:

VARIOUS ROADWAYS, SEE BID ALTERNATE #2
BID ALTERNATE #1 STRUCTURAL SECTIONS:
03/16/2026

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ACADIA AVE

GLACIER DR

S PARK VICTORIA DR

YOSEMITE DR

ZION CT

BRYCE CT
088-31-049
1218 ACADIA AVE
088-31-048
1206 ACADIA AVE
088-31-047
1194 ACADIA AVE
088-31-013
1203 BRYCE CT
088-31-017
1191 ACADIA AVE
088-31-064
1197 GLACIER DR
088-31-061
1233 GLACIER DR
088-31-059
1257 GLACIER DR
088-31-058
1269 GLACIER DR
088-31-056
1293 GLACIER DR
088-31-032
1260 GLACIER DR
088-31-033
1272 GLACIER DR
088-31-008
1241 ACADIA AVE
088-31-003
1281 ACADIA AVE
088-31-019
1183 ACADIA AVE
NOTES:

LEGEND:

LAYOUT NOTES:

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N
03/16/2026

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ACADIA AVE

GLACIER DR
088-30-136
1327 ACADIA AVE
088-30-134
1347 ACADIA AVE
088-30-116
1382 ACADIA AVE
LAYOUT NOTES:

NOTES:

LEGEND:

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03/16/2026

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088-31-042
1231 LASSEN AVE
088-31-041
1243 LASSEN AVE
088-32-019
1257 OLYMPIC DR
088-32-018
1269 OLYMPIC DR
088-32-061
820 PHELAND CT
088-32-062
815 PLATT CT088-32-051
1210 PLATT AVE
088-32-052
1222 PLATT AVE

LASSEN AVE

OLYMPIC DR

PLATT AVE

S PARK VICTORIA DR

S PARK VICTORIA DR

S PARK VICTORIA DR

PLATT CTPHELAND CT
088-32-009
1274 LASSEN AVE
088-32-020
1245 OLYMPIC DR
088-32-027
1204 OLYMPIC DR
088-32-053
1234 PLATT AVE
088-31-046
1183 LASSEN AVE
088-31-045
1195 LASSEN AVE
088-31-044
1207 LASSEN AVE
088-31-043
1219 LASSEN AVE
088-31-040
1255 LASSEN AVE 088-31-038
1289 LASSEN AVE
088-32-033
1276 OLYMPIC DR
NOTES:

LEGEND:

LAYOUT NOTES:

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088-30-072
1391 LASSEN AVE
088-30-071
1401 LASSEN AVE 088-30-064
1469 LASSEN AVE
088-30-063
1479 LASSEN AVE

LASSEN AVE

OLYMPIC DR

PLATT AVE PLATT AVE
088-30-077
1341 LASSEN AVE
088-30-049
1346 LASSEN AVE
088-30-033
1485 OLYMPIC DR
088-30-041
1405 OLYMPIC DR
088-30-015
1375 PLATT AVE
088-29-055
1482 PLATT AVE
088-29-058
1514 PLATT AVE
088-07-061

MURPHY SCHOOL
088-29-061

MURPHY PARK
NOTES:

LEGEND:

LAYOUT NOTES:

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088-29-029
1525 SARATOGA DR

SARATOGA DR

YELLOWSTONE AVE

YELLOWSTONE AVE

S PARK VICTORIA DR

S PARK VICTORIA DR
088-29-026
1508 SARATOGA DR
088-29-025
1496 SARATOGA DR
088-29-028
1528 SARATOGA DR
088-29-061

MURPHY PARK
088-29-012
1411 YELLOWSTONE AVE
088-29-011
1421 YELLOWSTONE AVE
088-29-003
1503 YELLOWSTONE AVE
088-29-002
1513 YELLOWSTONE AVE
088-38-092

YELLOWSTONE PARK
088-29-061

MURPHY PARK
088-28-165
1601 YELLOWSTONE AVE
088-24-005
1915 YELLOWSTONE AVE

JOHN SINOTT ELEM SCHOOL
088-29-013
1401 YELLOWSTONE AVE
088-38-092
LEGEND:

LAYOUT NOTES:

NOTES:

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YELLOWSTONE AVE

WESTRIDGE DR

SEQUOIA DR
088-24-005
1915 YELLOWSTONE AVE

JOHN SINOTT ELEM SCHOOL
088-28-161
1645 YELLOWSTONE AVE
088-28-160
1655 YELLOWSTONE AVE
088-28-150
1767 YELLOWSTONE AVE
088-24-005
1915 YELLOWSTONE AVE

JOHN SINOTT ELEM SCHOOL
088-48-058
943 GALINDO CT
088-48-057
937 GALINDO CT
088-28-158
1677 YELLOWSTONE AVE
NOTES:

LEGEND:LAYOUT NOTES:

RevisionsRecord Drawings
N
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YELLOWSTONE AVE

TAHOE DR ROCKY MOUNTAIN AVE

EAGLERIDGEWAY
088-46-058
1070 WESTRIDGE DR
088-24-005
1915 YELLOWSTONE AVE

JOHN SINOTT ELEM SCHOOL
088-46-075
1055 EAGLE RIDGE WAY
088-46-078
1089 EAGLE RIDGE WAY
088-46-079
1101 EAGLE RIDGE WAY
088-46-080
1113 EAGLE RIDGE WAY
088-46-081
1125 EAGLE RIDGE WAY
088-45-002
1796 ROCKY MOUNTAIN AVE
088-23-074
1794 ROCKY MOUNTAIN AVE
088-45-221
2003 CALLE MESA ALTA
088-23-040
1797 BUTANO DR

YELLOWSTONE AVE

CORKTREE LN

BUTANO DR LANDESS AVE
088-45-221
2003 CALLE MESA ALTA
088-23-040
1797 BUTANO DR
088-23-039
1798 BUTANO DR
088-45-033
1278 TERRA

ALTA AVE
088-45-032
1284 TERRA

ALTA AVE
088-45-032
1284 TERRA

ALTA AVE
088-43-029
1991 LANDESS AVE

CITY OFMILPITASCITY OF SAN JOSE
LEGEND:

LAYOUT NOTES:

NOTES:

RevisionsRecord Drawings
N
N
03/16/2026

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BIG BASIN DR

CLEAR LAKE AVE

S PARK VICTORIA DR
088-36-044
1350 S PARK VICTORIA DR 088-36-044
1201 SASSONE CT

SASSONE CT
NOTES:

LEGEND:LAYOUT NOTES:

RevisionsRecord Drawings
N
03/16/2026

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2 -
CALTRANS CURB RAMP DETAIL - CASE B1
-

CALTRANS CURB RAMP DETAIL - CASE A
4 -
CALTRANS CURB RAMP DETAIL - CASE F 5
-

CALTRANS CURB RAMP DETAIL - CASE G
3 -

CALTRANS CURB RAMP DETAIL - CASE C
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STRIPING NOTES:

NOTES:

RevisionsRecord Drawings
Ø
Ä
t
p
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YOSEMITE DR

S PARK VICTORIA DR
t

ACADIA AVE

ACADIA AVE

GLACIER DR LASSEN AVE

GLACIER DR LASSEN AVE

S PARK VICTORIA DR

OLYMPIC DR PLATT AVE SARATOGA DR

OLYMPIC DR PLATT AVE
Ä

YELLOWSTONE AVE
STRIPING NOTES:

NOTES:

RevisionsRecord Drawings
N
N
03/16/2026

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YELLOWSTONE AVE

YELLOWSTONE AVE
Ø p
p
p
STRIPING NOTES:

NOTES:

RevisionsRecord Drawings
N
N
03/16/2026

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SEQUOIA DR

YELLOWSTONE AVE
STRIPING NOTES:

NOTES:

RevisionsRecord Drawings
N
03/16/2026

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YELLOWSTONE AVE

YELLOWSTONE AVE

LANDESS AVE
STRIPING NOTES:

NOTES:

WESTRIDGE DR

TAHOE DR ROCKY MOUNTAINAVE

EAGLERIDGEWAY

BUTANO DR
t
Ø
Ø
p
p
RevisionsRecord Drawings
N
N
03/16/2026

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STRIPING NOTES:

NOTES:

BIG BASIN DR

S PARK VICTORIA DR
RevisionsRecord Drawings
N
03/16/2026

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RevisionsRecord Drawings
1 PD-7
DASHED GREEN BIKE MARKINGS2
PD-7

GREEN-BACKED BUFFERED BIKE LANE
3 PD-7

YIELD TRIANGLE LIMITS
4 PD-7
STOP MARKING LIMITS 4
PD-7

SHARED-LANE MARKINGS
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CALAVERAS BLVD

S PARK VICTORIA DR

DEMPSEY RD

CANTON DR

YOSEMITE DR

YOSEMITE DR
LEGEND:

BID ALTERNATE #1 NOTES:

PARK VICTORIA
RD

S PARK VICTORIA DR
RevisionsRecord Drawings
N
03/16/2026

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LEGEND:

BID ALTERNATE #1 NOTES:

S PARK VICTORIA DR

MT DIABLO AVE MT SHASTA AVE SONOMA DRPORTOLA DR

CLEAR LAKE AVE

S PARK VICTORIA DR

BIG BASIN DR

YELLOWSTONE AVE
RevisionsRecord Drawings
N
03/16/2026

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LEGEND:

BID ALTERNATE #1 NOTES:

LANDNESS AVE
RevisionsRecord Drawings
N
03/16/2026

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38077.00180\29080232.10 C2

CITY OF MILPITAS

MILPITAS, CALIFORNIA

FUNDED IN PART BY:

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR
STREET RESURFACING PROJECT 2026, CIP NO. 3426, 3440,4283, 4295, 4300,4307

Recommended by City for Bidding:

Roberto Alonzo, P.E., PW Division Manager - Engineering

Approved by City for Bidding:

Michael Silveira, P.E., City Engineer

03/16/2026
3/16/2026

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38077.00180\29080232.10 C2

-1- 00 11 16 – NOTICE INVITING BIDS

TABLE OF CONTENTS

00 11 16 – NOTICE INVITING BIDS ................................ ................................ ......................... 3 00 21 13 – INSTRUCTIONS TO BIDDERS ................................ ................................ ............... 6 00 41 43 – BID FORMS ................................ ................................ ................................ ...........14 00 52 13 – CONTRACT ................................ ................................ ................................ ...........39 00 61 13 – BOND FORMS ................................ ................................ ................................ .......45 00 72 13 – GENERAL CONDITIONS ................................ ................................ .......................57 00 73 13 – SPECIAL CONDITIONS ................................ ................................ ....................... 116 01 00 00 – GENERAL REQUIREMENTS ................................ ................................ ............... 119 01 20 00 – MEASUREMENT AND PAYMENT ................................ ................................ ....... 146 01 31 00 – NOTICE TO PROCEED ................................ ................................ ....................... 150 01 33 00 – LIST OF SUBMITTALS ................................ ................................ ........................ 151 02 00 00 – TECHNICAL PROVISIONS ................................ ................................ .................. 154 E-01 MOBILIZATION ................................ ................................ ................................ ............. 155 E-02 NEIGHBORHOOD NOTIFICATION ................................ ................................ ............... 158 E-03 TRAFFIC CONTROL ................................ ................................ ................................ ..... 163 E-04 MONUMENT REFERENCING (INCL. PRE-CONSTRUCTION AND POST CONSTRUCTION) ................................ ................................ .......................... 182 E-05 WATER POLLUTION CONTROL PROGRAM ................................ ............................... 184 E-06 SLURRY SEAL ................................ ................................ ................................ .............. 189 E-07 HOT MIX ASPHALT (TYPE A) ................................ ................................ ..................... 200 E-08 RUBBERIZED HOT MIX ASPHALT (GAP GRADED) ................................ .................... 208 E-08 BASE REPAIR................................ ................................ ................................ ............... 219 E-09 GEOSYNTHETIC PAVEMENT INTERLAYER ................................ ............................... 223 E-010 ASPHALT CONCRETE GRINDING ................................ ................................ ............. 224 E-11 PORTLAND CEMENT CONCRETE CONSTRUCTION ................................ ................. 227 E-12 ADJUSTMENT OF APPURTENANCES ................................ ................................ ........ 240 E-13 TRAFFIC MARKING ................................ ................................ ................................ ...... 244 E-14 PORTABLE CHANGEABLE MESSAGE SIGN ................................ .............................. 256 E-15 PROJECT APPEARANCE, TREES, AND SWEEPING ................................ ................. 259 E-16 PRESERVATION OF PROPERTY ................................ ................................ ................ 264 E-17 CONTROL OF WATER ................................ ................................ ................................ . 268 E-18 COOPERATION ................................ ................................ ................................ ............ 270 E-19 OBSTRUCTIONS ................................ ................................ ................................ .......... 271

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E-20 CRACK SEAL ................................ ................................ ................................ ................ 273 E-21 CONSTRUCTION LAYOUT................................ ................................ ........................... 276 E-22 TRAFFIC SIGNAL MODIFICATION ................................ ................................ ............... 278 EXHIBIT “A” – CITY STANDARD FORMS ................................ ................................ ............. 283

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00 11 16 – NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City Council of the City of Milpitas (“City”) invites and will receive sealed Bids up to but not later than 2:00 p.m. on Wednesday, April 08, 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 Street Resurfacing Project 2026, CIP No. 3426, 3440, 4283, 4295, 4300, 4307 (the “Project”). At said time, Bids will be publicly opened and read aloud at the City Office. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

Bids must be submitted on the City’s Bid Forms in person. No bid shall be accepted through OpenGov Procurement. Bidders may obtain a copy of the Contract Documents from OpenGov Procurement (https://procurement.opengov.com/portal/milpitas-ca). To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. Additionally, bid package s 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 NON - MANDATORY Pre-Bid Conference is scheduled for March 25, 2026, at 2PM and on March 27, 2026, at 2PM to review the Project's existing conditions on Microsoft Teams. Contact Mohit Chaudhary, Principal Civil Engineer via email at [email protected] by 12PM on March 23, 2026, to request an invitation. Representatives of the City and consulting engineers, if there are 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.

For questions regarding this project, contact Mohit Chaudhary, Principal Civil Engineer via email at [email protected] by 2PM on Wednesday, April 01, 2026. Addenda with answers to questions received by the specified time will be posted following the close of questions.

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

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

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

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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

Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for t he duration of the contract: Class A or Class C-12 License from the Contractor’s State License Board. The Engineer’s estimate for the project’s base bid items is between $4.5 to $5.0M 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 ONLY Additive or deductive Bid Alternatives , if included in the Bid Schedule, will not be used in establishing the low bidder for purposes of award.

City reserves the right to include or exclude any or all Bid Alternatives or to waive any irregularities or informalities in any bids or in the bidding process.

For further information, contact Mohit Chaudhary , Principal Civil Engineer via email at [email protected], at City of Milpitas City Hall, 455 E. Calaveras Boulevard, Milpitas, CA 95035 or (408) 586-3270.

END OF NOTICE INVITING BIDS

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

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

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

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

2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, includ ing but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of 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 obligat ion with respect to its Bid o r to the contract and no relief for error or omission will be given exc ept 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 St ate 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.

3. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the City a written request for

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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 become s 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. T he 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 www.printscharlesrepro.com. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact Mohit Chaudh ary, Principal Civil Engineer, via email at [email protected], at City of Milpitas City Hall, 455 E. Calaveras Boulevard, Milpitas, CA 95035 or (408) 586-3207 to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.

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

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

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OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.

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

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

The successful bidder will be required to self-perform at least 50% of the work.

10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty 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.

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.

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

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

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

14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid 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. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attes ting to the facts contained therein. Failure to submit this form may render the bid non -responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

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 violat ed 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:

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

Bid of (Bidder’s Name)
for the Street Resurfacing Project 2026, CIP No. 3426, 3440, 4283, 4295, 4300, 4307 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 Inv iting 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:

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A. The name and business location of the bidder.

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

C. The bid amount.

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

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

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

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

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

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

24. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are a vailable 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

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be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

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

27. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets al l State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Co de of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to City within ten (10) working days from the date the City provides the successful bidder with the Notice of Award.

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

29. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the City of Milpitas City Engineer. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Specify in detail the grounds for protest and the facts supporting the protest; and
D. Include all relevant, supporting documentation with the protest at time of filing.

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 City Engineer, or other designated City staff member, shall review the protest , any response from the challenged Bidder(s), and all other relevant information. The City Engineer will provide a written decision to the protestor.

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

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

31. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the 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.

END OF INSTRUCTION TO BIDDERS

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00 41 43 – BID FORMS

1. BID ACKNOWLEDGMENT

NAME OF BIDDER:

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

The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project:

STREET RESURFACING PROJECT 2026, CIP NO. 3426, 3440, 4283, 4295, 4300, 4307

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A. We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Contract Documents for the Total Bid Price indicated herein.

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

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

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

E. List Addenda No's.
________________________________________________
F. 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:
a) Designation of Subcontractors form.
b) Bidder Information and Experience form.
c) Noncollusion Declaration form.
d) Iran Contracting Act Certification form.
e) Public Works Contractor Registration Certification form. f) Attached is the completed Wage Theft Certification form. g) Contractor’s Certificate Regarding Workers’ Compensation form. h) Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

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G. 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.

H. 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.

I. Bidder is an individual ______, or corporation ______, or partnership ______, organized under the laws of the State of
_______________________________.

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

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

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

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

(Name and Title)

(Signature)

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

Name Title
Complete Address
Phone Fax

Name Title
Complete Address
Phone Fax

Name Title
Complete Address
Phone Fax

Name Title
Complete Address
Phone Fax

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2. BID SCHEDULE

BASE BID
NO. ITEM DESCRIPTION

UNIT OF

MEASURE
EST.

QTY.

UNIT
PRICE

TOTAL ITEM
PRICE

1. MOBILIZATION (5% Max) LS 1

2. NEIGHBORHOOD NOTIFICATION LS 1

3. TRAFFIC CONTROL (10% Max) LS 1

4. MONUMENT REFERENCING (INCL.

PRE AND POST CONSTRUCTION) LS 1

5. WATER POLLUTION CONTROL PLAN LS 1

6. TYPE II - FIBERIZED SLURRY SEAL
WITH CRACK SEAL SY 13,900

7. HOT MIX ASPHALT (TYPE A) - 1.5", 2",

2.5" TON 4,360

8. RUBBERIZED HOT MIX ASPHALT (TYPE
G) - 1.5", 2.5" TON 4,180

9. BASE REPAIR (4" Thick) SF 580

10. BASE REPAIR (5" Thick) SF 1,190

11. BASE REPAIR (5.5"Thick) SF 6,500

12. BASE REPAIR (6" Thick) SF 140

13. GEOSYNTHETIC PAVEMENT
INTERLAYER (PAVING FABRIC) SY 15,000

14. ASPHALT CONCRETE GRINDING - 2" SY 27,200

15. ASPHALT CONCRETE GRINDING - 2.5" SY 22,000

16. ASPHALT CONCRETE GRINDING - 3" SY 15,000

17. SIDEWALK REMOVAL AND
REPLACEMENT SF 2,090

18. CURB AND GUTTER REMOVAL AND

REPLACEMENT (BEYOND RAMP
LIMITS) LF 350

19. INSTALL CURB RAMP (PER CALTRANS
STD DWGs) EA 37

20. SURFACE APPLIED DETECTABLE
WARNING SURFACE EA 1

21. ADJUST MONUMENT COVER TO
GRADE EA 26

22. ADJUST WATER VALVE COVER TO
GRADE EA 79

23. ADJUST GAS VALVE COVER TO GRADE EA 2

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24. ADJUST FLUSHING INLET COVER TO
GRADE EA 1

25. ADJUST STORM SEWER MANHOLE
FRAME AND COVER TO GRADE EA 39

26. ADJUST STORM DRAIN MANHOLE
FRAME AND COVER TO GRADE EA 20

27. ADJUST WATER MANHOLE FRAME
AND COVER TO GRADE EA 2

28. ADJUST STORM DRAIN DRAINAGE
INLET TO GRADE EA 7

29. TRAFFIC LINE - DETAIL 2 LF 2,340

30. TRAFFIC LINE - DETAIL 9 LF 2,600

31. TRAFFIC LINE - DETAIL 22 LF 2,820

32. TRAFFIC LINE - DETAIL 25 LF 100

33. TRAFFIC LINE - DETAIL 27B LF 6,620

34. TRAFFIC LINE - DETAIL 29 LF 635

35. TRAFFIC LINE - DETAIL 32 LF 1,000

36. TRAFFIC LINE - DETAIL 38 LF 500

37. TRAFFIC LINE - DETAIL 39 LF 3,230

38. TRAFFIC LINE - DETAIL 39a LF 925

39. PAVEMENT MARKINGS (ARROWS,

SYMBOLS, WORDS, CROSSWALK,
LIMIT LINE) SF 11,900

40. RED CURB PAINT (TWO COATS) LF 1,380

41. GREEN BIKE LANE MARKING SF 2,450

42. DIAGONAL BUFFER LF 1,450

43. REMOVE AND REPLACE PAVEMENT
SIGN EA 4

44. RELOCATE/ RESET ROADWAY SIGN EA 6

45. PORTABLE CHANGEABLE MESSAGE
SIGN EA 2

46. TRAFFIC SIGNAL MODIFICATION
(YELLOWSTONE AVE AND S. PARK
VICTORIA DR) LS 1

47. TRAFFIC SIGNAL MODIFICATION (S.

PARK VICTORIA DR AND YOSEMITE
DR) LS 1

48. TRAFFIC SIGNAL MODIFICATION
(YELLOWSTONE AVE AND WESTRIDGE
DR) LS 1

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49. TRAFFIC SIGNAL MODIFICATION
(YELLOWSTONE AVE AND LANDESS
AVE) LS 1

50. TRAFFIC SIGNAL MODIFICATION (S.

PARK VICTORIA DR AND LANDESS
AVE) LS 1

51. TRAFFIC SIGNAL MODIFICATION
(LANDESS AVE AND CLEAR LAKE
AVENUE/TREEWOOD LANE) LS 1

52. TRAFFIC SIGNAL MODIFICATION (S.

PARK VICTORIA DR AND BIG BASIN
DR) LS 1

53. ROADSIDE SIGN LIGHTING SYSTEM LS 1

54. RADAR SPEED FEEDBACK SIGN
SYSTEMS LS 1

TOTAL BASE BID PRICE

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

In case of discrepancy between the Unit Price and the Total I tem 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 pr ice thus obtained shall be the Unit Price.

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

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

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 BID #1: Base Repairs along South Park Victoria – See Plan Sheet 22-24 (BA- 1 to BA-3) for Improvement Scope.

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NO. ITEM DESCRIPTION

UNIT OF

MEASURE
EST.

QTY.

UNIT
PRICE

TOTAL ITEM
PRICE

1. MOBILIZATION (5% Max) LS 1

2. TRAFFIC CONTROL (10% Max) LS 1

3. HOT MIX ASPHALT (TYPE A) - 3", 6" TON 730

4. ASPHALT CONCRETE GRINDING - 3" SY 3,240

5. ASPHALT CONCRETE GRINDING - 6" SY 570

6. ADJUST WATER VALVE COVER TO
GRADE EA 3

7. ADJUST STORM SEWER MANHOLE
FRAME AND COVER TO GRADE EA 3

8. TRAFFIC LINES AND PAVEMENT
MARKINGS (WORDS, CROSSWALK) LS 1

TOTAL ALTERNATE BID #1 PRICE

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3. LIST OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Divis ion 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1 , and (d) the portion of the work which will b e done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one -half of one percent (0.5%) of the Bidder’s Total Bid Price.

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

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

As stated in the Instructions to Bidders, Bidder is required to complete at least 50% of the contract value with its own forces. Bidder shall indicate the value of each subcontractor’s work and the sum may not exceed the allowable amount.

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

DIR
Registration
Number
% of the
Work

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

DIR
Registration
Number
% of the
Work

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

4. BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER

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

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a) Name of Bidder:
b) Type, if Entity:
c) Bidder Address:

Facsimile Number Telephone Number

Email Address
d) How many years has Bidder’s organization been in business as a Contractor? e) How many years has Bidder’s organization been in business under its present name? f) Under what other or former names has Bidder’s organization operated? g) If Bidder’s organization is a corporation, answer the following:
i. Date of Incorporation:
ii. State of Incorporation:
iii. President’s Name:
iv. Vice-President’s Name(s):

v. Secretary’s Name:
vi. Treasurer’s Name:

1.0 If an individual or a partnership, answer the following:

1.1. Date of Organization:

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

2.0 If other than a corporation or partnership, describe organization and name principals:

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

4.0 What type of work does the Bidder normally perform with its own forces?

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

6.0 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:

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7.0 List Trade References:

8.0 List Bank References (Bank and Branch Address):

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

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

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

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

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

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

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D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

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

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

2. Summarize each person’s specialized education:

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

4. Summarize such experience:

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Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless subs tituted 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 wo uld contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

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

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

Name of Bidder
Signature
Name
Title
Date

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5. NON-COLLUSION DECLARATION
The undersigned declares:

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

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

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

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

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

Name of Bidder
Signature
Name
Title

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

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

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

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

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

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

B. DIR Registration Number:

C. DIR Registration
Expiration:_________________________
D. Small Project Exemption: _____ Yes or _____ No

Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
a) Bidder shall maintain a current DIR registration for the duration of the project.
b) 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.
c) Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. d) Name of Bidder

e) Signature

f) Name and Title

Dated

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

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

Neither the Bidder nor any of its subcontractors have been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and t he 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 subcontractor s are in compliance with that plan as of the bid submission deadline.

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

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9. Contractor’s Certificate Regarding Workers’ Compensation.

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

Name of Bidder
Signature
Name
Title
Dated ______________________________

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

The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the City of Milpitas, hereinafter called the City, in the 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 Street Resurfacing Project 2026, CIP No. 3426, 3440,4283, 4295, 4300,4307.

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

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

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

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

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By

Title

(Corporate Seal)
Surety

By

Attorney-in-Fact

(Attach Attorney-in-Fact Certificate) Title

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-37- 00 41 43 – BID FORMS

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

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

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

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

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

appeared , who proved to me on the basis of satisfactory

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

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

END OF BID BOND

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-39- 00 52 13 – CONTRACT

00 52 13 – CONTRACT
This CONTRACT, No. is made and entered into this ____ day of _______, ______, by and between City of Milpitas, sometimes hereinafter called “City,” and _______________________________________________, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

1. 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 Doc uments as specified in Article 5, below, for the following Project:

STREET RESURFACING PROJECT 2026, CIP NO. 3426, 3440,4283, 4295, 4300, 4307.

The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

2. 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 One Hundred Twenty 120 working 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

3. 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.

4. 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.

5. COMPONENT PARTS OF THE CONTRACT.

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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
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.

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A. 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.

B. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.

C. 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.

D. 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 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.

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-42- 00 52 13 – 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.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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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:

Date: __________________________ Printed
Name:

(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

Approved As to Content:

By: _______________________________
Christian Di Renzo
Public Works Director

By:

Luz Cofresi-Howe
Finance Director/Risk Manager

Approved As To Form:

By:

Christopher Creech
Acting City Attorney

END OF CONTRACT

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-44- 00 52 13 – CONTRACT

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

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

appeared , who proved to me on the basis of satisfactory

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

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-45- 00 61 13 – BOND FORMS

00 61 13 – BOND FORMS

1. Performance Bond.

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Milpitas, (hereinafter referred to as “ City”) has awarded to _________________________, (hereinafter referred to as the “C ontractor”) 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 C ontract 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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Whenever Contractor shall be, and is declared by the City to be, in default under the C ontract Documents, the Surety shall remedy the default pursuant to the Contract Documents , or shall promptly, at the City’s option:

A. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
B. 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.

C. 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.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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-47- 00 61 13 – BOND FORMS

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ___ ____ day of ______________, 20___.
(Corporate Seal)
Contractor/Principal

By

Title

(Corporate Seal)
Surety

By

Attorney-in-Fact

(Attach Attorney-in-Fact Certificate) Title

(The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)

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-48- 00 61 13 – BOND FORMS

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

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

appeared , who proved to me on the basis of satisfactory

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

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

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

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

appeared , who proved to me on the basis of satisfactory

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

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

END OF PERFORMANCE BOND

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2. Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Milpitas (hereinafter designated as the “ City”), by action taken or a resolution passed _______________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
__________________________________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, 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, i ncluding reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of paym ent or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to re cover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose

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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, extensi on of time, addition, alteration or modification herein mentioned , including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ___ ____ day of ______________, 20__.
(Corporate Seal)
Contractor/Principal

By

Title

(Corporate Seal)
Surety

By

Attorney-in-Fact

(Attach Attorney-in-Fact Certificate) Title

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-52- 00 61 13 – BOND FORMS

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

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

appeared , who proved to me on the basis of satisfactory

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

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

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

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

appeared , who proved to me on the basis of satisfactory

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

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

END OF PAYMENT BOND

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GENERAL CONDITIONS

TABLE OF CONTENTS

Page

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TABLE OF CONTENTS

00 72 13 – GENERAL CONDITIONS ................................ ................................ .......................57 ARTICLE 1 DEFINED TERMS ................................ ................................ .............................57 ARTICLE 2 CONTRACT DOCUMENTS ................................ ................................ ..............61 ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION ................62 ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE ................................ 62 ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK ................................ ................................ ................................ ..............63 ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE ................................ ............63 ARTICLE 7 SOILS INVESTIGATIONS ................................ ................................ ................64 ARTICLE 8 ARTICLE 8. CONTRACTOR’S SUPERVISION ................................ ................65 ARTICLE 9 WORKERS ................................ ................................ ................................ .......65 ARTICLE 10 INDEPENDENT CONTRACTORS ................................ ................................ ....65 ARTICLE 11 SUBCONTRACTS ................................ ................................ ............................65 ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY ................................ ............65 ARTICLE 13 REQUESTS FOR SUBSTITUTION ................................ ................................ ...66 ARTICLE 14 SHOP DRAWINGS ................................ ................................ ...........................67 ARTICLE 15 SUBMITTALS ................................ ................................ ................................ ...68 ARTICLE 16 MATERIALS ................................ ................................ ................................ .....68 ARTICLE 17 PERMITS AND LICENSES ................................ ................................ ...............69 ARTICLE 18 TRENCHES ................................ ................................ ................................ ......69 ARTICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS ................................ .....70 ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS ................................ ......................70 ARTICLE 21 SANITARY FACILITIES ................................ ................................ ....................70 ARTICLE 22 AIR POLLUTION CONTROL ................................ ................................ ............71 ARTICLE 23 LAYOUT AND FIELD ENGINEERING ................................ .............................. 71 ARTICLE 24 TESTS AND INSPECTIONS ................................ ................................ .............71 ARTICLE 25 PROTECTION OF WORK AND PROPERTY ................................ ....................72 ARTICLE 26 CONTRACTOR’S MEANS AND METHODS ................................ .....................72 ARTICLE 27 AUTHORIZED REPRESENTATIVES ................................ ............................... 72 ARTICLE 28 HOURS OF WORK ................................ ................................ ...........................72 ARTICLE 29 PAYROLL RECORDS ................................ ................................ ......................73 ARTICLE 30 PREVAILING RATES OF WAGES ................................ ................................ ...75

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ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION ................................ .........75 ARTICLE 32 EMPLOYMENT OF APPRENTICES ................................ ................................ .76 ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ...................76 ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS .....................77 ARTICLE 35 LABOR/EMPLOYMENT SAFETY ................................ ................................ .....77 ARTICLE 36 INSURANCE ................................ ................................ ................................ .....77 ARTICLE 37 FORM AND PROOF OF CARRIAGE OF INSURANCE ................................ ....80 ARTICLE 38 TIME FOR COMPLETION AND LIQUIDATED DAMAGES ............................... 81 ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES ................................ ................................ ................................ .....83 ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT ................................ ......................83 ARTICLE 41 SECURITIES FOR MONEY WITHHELD................................ ...........................85 ARTICLE 42 CHANGES AND EXTRA WORK. ................................ ................................ ......86 ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT ................................ ............................99 ARTICLE 44 OCCUPANCY ................................ ................................ ................................ . 100 ARTICLE 45 INDEMNIFICATION ................................ ................................ ........................ 100 ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES ................................ ................ 101 ARTICLE 47 CITY’S RIGHT TO TERMINATE CONTRACT ................................ ................ 102 ARTICLE 48 WARRANTY AND GUARANTEE OF WORK ................................ .................. 108 ARTICLE 49 DOCUMENT RETENTION & EXAMINATION ................................ ................. 112 ARTICLE 50 SEPARATE CONTRACTS ................................ ................................ .............. 112 ARTICLE 51 NOTICE AND SERVICE THEREOF ................................ ............................... 112 ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS ................................ .............................. 113 ARTICLE 53 STATE LICENSE BOARD NOTICE ................................ ................................ 113 ARTICLE 54 INTEGRATION ................................ ................................ ............................... 113 ARTICLE 55 ASSIGNMENT OF CONTRACT ................................ ................................ ...... 113 ARTICLE 56 CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY .... 113 ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS ................................ ..................... 113 ARTICLE 58 PROHIBITED INTERESTS ................................ ................................ ............. 114 ARTICLE 59 CONTROLLING LAW ................................ ................................ ..................... 114 ARTICLE 60 JURISDICTION; VENUE ................................ ................................ ................. 114 ARTICLE 61 LAWS AND REGULATIONS ................................ ................................ ........... 114

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ARTICLE 62 PATENTS ................................ ................................ ................................ ....... 114 ARTICLE 63 OWNERSHIP OF CONTRACT DOCUMENTS ................................ ............... 114 ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST ................................ ....... 115 ARTICLE 65 SURVIVAL OF OBLIGATIONS ................................ ................................ ....... 115

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ARTICLE 1 DEFINED TERMS
Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include ref erences to identified articles and paragraphs, and the titles of other documents or forms.

1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

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

3. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the City’s Representative determines that it is not covered by the Contract.

4. 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.

5. 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.

6. Bidder -- The individual or entity who submits a Bid directly to the City.

7. Caltrans Standard Specifications – Latest Standard Specifications of the State of California, Department of Transportation. 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.

8. Caltrans Standard Plans - Standard plans of the State of California, Department of Transportation, 2023. All metric measurements or quantities in the Caltrans Standard Plans shall be disregarded, and equivalent United States measures used.

9. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

10. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).

11. City -- The City of Milpitas.

12. City Council, Council -- The City Council of the City.

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13. City’s Representative -- The individual or entity as identified in the Special Conditions to act as the City’s Representative.

14. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

15. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.

16. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

17. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

18. Contract Times -- The number of days or the dates stated in the Contract Documents to:
achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment.

19. Contractor -- The individual or entity with which the City has contracted for performance of the Work.

20. 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.

21. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties.

22. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

23. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.

24. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.

25. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

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26. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

27. 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.

28. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the City.

29. 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.

30. Holiday – The Holidays are defined as legal Federal, State, and City holidays including:

New Year’s Day - January 1
Martin Luther King Jr.'s Birthday – Third Monday in January Lincoln's Birthday – February 12
President’s Day – Third Monday in February
Cesar Chavez Day – March 31
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

31. 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.

32. 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.

33. 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.

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34. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

35. 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.

36. 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.

37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

38. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

39. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.

40. 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.

41. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.

42. Successful Bidder -- The Bidder submitting a responsive Bid to whom the City makes an award.

43. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

44. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

45. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its bid or as adjusted in accordance with the Contract Documents.

46. 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.

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47. 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

1. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.

2. 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:

A. Change Orders
B. Contract
C. Addenda
D. Special Conditions
E. Technical Specifications
F. Plans (Contract Drawings)
G. General Conditions
H. Instructions to Bidders
I. Notice Inviting Bids
J. Contractor’s Bid Forms
K. City Standard Specifications
L. City Standard Drawings
M. Caltrans Standard Specifications, except Division 1
N. Caltrans Standard Plans
O. Reference Documents

With reference to the Drawings, the order of precedence shall be as follows:

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A. Figures govern over scaled dimensions
B. Detail drawings govern over general drawings
C. Addenda or Change Order drawings govern over Contract Drawings D. Contract Drawings govern over Standard Drawings
E. Contract Drawings govern over Shop Drawings

3. 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.

4. 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 t ransmit 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.

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ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK

1. 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.

2. 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.

3. 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.

4. 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

1. 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.

2. 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 Contractor to determine the exact location of all service connections. The Contractor 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.

3. 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.

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4. 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.

5. 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 usanorth811.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 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

1. Reports and Drawings. The Special Conditions identify:

A. those reports known to the City of explorations and tests of subsurface conditions at or contiguous to the site; and
B. those drawings known to the City of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities).

2. 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:

A. 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 B. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or C. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.

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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

1. 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.

2. 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.

ARTICLE 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

1. 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.

2. 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.

3. 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,

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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

1. 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.

2. 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.

3. 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.

4. 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.

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

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A. 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.

B. 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.

C. 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.

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

6. 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.

7. 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.

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

9. 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

1. 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.

2. 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.

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ARTICLE 15 SUBMITTALS

1. 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.

2. 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.

3. 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

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

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

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7. 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

1. 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.

ARTICLE 18 TRENCHES

1. 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.

2. 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:

A. 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.

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

C. 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

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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.

ARTICLE 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.

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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 thet 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.

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

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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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ARTICLE 25 PROTECTION OF WORK AND PROPERTY

1. 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.

2. 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

1. 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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2. 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.

3. 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.

4. 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.

5. 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.

6. 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:

A. Powered Vehicles
B. Construction Equipment
C. Loading and Unloading Vehicles
D. Domestic Power Tools

ARTICLE 29 PAYROLL RECORDS; LABOR COMPLIANCE

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

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2. 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.

3. 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.

4. 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:

A. 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.

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

5. 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.

6. 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.

7. 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 effectuated. 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.

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

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ARTICLE 30 PREVAILING RATES OF WAGES

1. 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.

2. 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.

3. 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 sect ions 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors 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.

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ARTICLE 32 EMPLOYMENT OF APPRENTICES

1. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.

2. 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.

3. 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.

4. 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, menta l 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 e mployment 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 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. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employe e 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 t he 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 v erification, 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.

Employment 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.

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Employment Eligibility; Failure to Comply . Each person executing this Contract on behalf of Contractor 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 req uirements; 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 Sta ndards. 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 und er 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 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.

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1. 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.

2. 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.

3. 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.

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4. 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 policy 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.

A. 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.

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

C. 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.

D. 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.

E. 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.

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5. 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 automobile 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.

6. Builder’s Risk [“All Risk”]. Not Applicable

7. Contractor’s Pollution Liability Coverage. Not Applicable

8. 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

1. 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.

2. 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.

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3. 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.

4. 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.

5. 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.

6. 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

1. 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.

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2. 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.

3. 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 delays. 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 Calendar Days
January 6
February 6
March 7
April 4
May 3
June 1
July 0
August 1
September 2
October 2
November 3
December 5
Total Annual Inclement Weather Days 40

4. 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.

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