May 19, 2026 Milpitas City Council Agenda Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
AGENDA
TUESDAY, MAY 19, 2026
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
* To access written translation during the meeting, scan the QR Code.
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person, unless the City Council approves remote public comment. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected]
The meeting will be streamed via Zoom for viewing purposes only unless the City Council approves remote public comment. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_E_5o4-21QISQ5eJ88pLkpA NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
MILPITAS CITY COUNCIL CODE OF CONDUCT
• Be respectful and courteous (words, tone, and body language). • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Use electronic devices appropriately while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.
May 19, 2026 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (7:00 PM)
PLEDGE OF ALLEGIANCE
INVOCATION (Mayor Montano)
PRESENTATIONS
● Asian American, Native Hawaiian, and Pacific Islander Heritage Month - May (Proclamation) ● National Police Month (Proclamation)
● Public Works Week - May 17-23, 2026 (Proclamation)
PUBLIC FORUM
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.
As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Recommendation: Receive City Council Calendar of Meetings for May and June 2026.
C2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: Approve City Council Meeting minutes of May 5, 2026.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.
C5. Approve a Commission Term Realignment Framework for Quarterly Appointment Cycles (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3005)
May 19, 2026 Milpitas City Council Agenda Page 3
Recommendation: Approve a Commission Term Realignment Framework as described in the agenda report establishing quarterly appointment cycles for City commissions and direct staff to implement the framework through future recruitment and appointment processes.
C6. Authorize the City Manager, or Designee, to Execute an Agreement with the City of San José for Minimum Wage Enforcement Services, Retroactive to July 1, 2025 (Staff Contact: Luz Cofresí- Howe, Finance Director, 408-586-3111)
Recommendation: Authorize the City Manager, or designee, to execute an Agreement with the City of San José for Minimum Wage Enforcement Services, retroactive to July 1, 2025, in an amount not to exceed $75,000, and to exercise one two-year option extension through June 30, 2030, at an additional cost not to exceed $50,000, subject to satisfactory contractor performance and City Council appropriation of funds for the applicable fiscal years.
C7. Adopt a Resolution Releasing Unclaimed Checks and Unclaimed Credit with a Value Less than $15 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Recommendation: Adopt a resolution authorizing the transfer to the General Fund of $195.25 in unclaimed checks and $10.00 in unclaimed recreation credit, in the aggregate amount of $205.25, in accordance with City of Milpitas Standard Operating Procedure No. 26-1 and California Government Code Section 50055.
C8. Approve Accounts Receivable Write-offs for the Fiscal Year Ending June 30, 2026 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Recommendation: Approve the Accounts Receivable write-offs for the Fiscal Year ending June 30, 2026.
C9. Authorize the City Manager, or Designee, to Negotiate and Execute Purchase Orders with L.N.
Curtis and Sons for Fire Department Equipment and Supplies (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jason Schoonover, Fire Chief, 408-586-2811) Recommendation: Authorize the City Manager, or designee, to negotiate and execute three purchase orders with L.N. Curtis and Sons for (1) personal protective equipment (PPE) with a maximum compensation of $500,000; (2) self-contained breathing apparatus (SCBA) equipment with a maximum compensation of $100,000; and (3) miscellaneous firefighting equipment and rescue tools, including related supplies and accessories, with a maximum compensation of $900,000, each for a five-year term and subject to the appropriation of funds.
C10. Receive an Update and Approve Actions Related to the Recruitment of Public Works Division Manager – Utilities (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086; and Christian DiRenzo, Public Works, 408-586-2603)
Recommendation: (1) Authorize the Acting City Manager to:(a) Provide a one-time sign-on bonus in the amount of $10,000 for the currently vacant position of Public Works Division Manager – Utilities and to execute any administrative guidelines as required to implement the bonus; and (2) Authorize the Acting City Manager, or designee, to negotiate and execute a second amendment to the agreement with waterTALENT, LLC increasing the compensation by $126,800 for a revised total not to exceed amount of $321,800.
C11. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Casey Construction, Inc. for the Forcemain-B Air Release Valves Replacement Project, CIP No. 6124 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
May 19, 2026 Milpitas City Council Agenda Page 4
Recommendation: Adopt a resolution to (1) Approve the project plans and specifications; (2) Award the construction contract to Casey Construction, Inc., the lowest responsible bidder submitting a responsive bid, in the amount of $333,000; (3) Authorize the City Manager, or designee, to execute the construction contract with Casey Construction, Inc.; and (4) Establish a construction contingency of $67,000 (20% of the contract value) and authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $67,000 for the Forcemain-B Air Release Valves Replacement Project, CIP No. 6124.
C12. Authorize the City Manager, or Designee, to Negotiate and Execute Agreements with Life Extension Clinics, Inc. for Annual Physical Exams and Related Services and with Emergency Physicians Associates San Jose PC for Medical Advisor for Emergency Medical Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jason Schoonover, Fire Chief, 408-586-2811)
Recommendation: Authorize the City Manager, or designee, to negotiate and execute (1) a Professional Services Agreement with Life Extension Clinics, Inc. for annual physical examinations and related services with a maximum compensation of $400,000; and (2) a Professional Services Agreement with Emergency Physicians Associates San José PC for emergency medical advisor services with a maximum compensation of $108,838, both of which are for a five-year term and subject to the appropriation of funds.
PUBLIC HEARINGS
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
13. Conduct a Public Hearing and Consider Adopting an Urgency Ordinance Adding a New Section to Title XIII, Chapter B.20 of the Milpitas Municipal Code to Create a Transit-Oriented Development Overlay Zoning District to Implement Senate Bill 79 Development Standards (Staff Contact: Jay Lee, Planning Director, 408-586-3073)
Recommendation: Conduct a public hearing and determine that the urgency ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) under Government Code Section 65912.160(c)(2) and adopt an Urgency Ordinance adding a new section to Title XIII, Chapter B.20 of the Milpitas Municipal Code to create a Transit-Oriented Development Overlay (TOD) zoning district and regulations implementing Senate Bill 79 development standards (P-ZA26-0003) with immediate effect.
14. Conduct a Public Hearing and Consider Introducing an Ordinance Adding a New Section to Title XIII, Chapter B.20 of the Milpitas Municipal Code to Create a Transit-Oriented Development Overlay Zoning District to Implement Senate Bill 79 Development Standards (Staff Contact: Jay Lee, Planning Director, 408-586-3073)
Recommendation: Conduct a public hearing and determine that the ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) under Government Code Section 65912.160(c)(2) and introduce an Ordinance adding a new section to Title XIII, Chapter B.20 of the Milpitas Municipal Code to create a Transit-Oriented Development Overlay (-TOD) zoning district and regulations implementing Senate Bill 79 development standards (P-ZA26-0002).
15. Adopt a Resolution Approving a Site Development Permit Amendment, Vesting Tentative Map, Conditional Use Permit Amendment, Density Bonus Permit, and Development Agreement for 109 Townhomes and 10 Accessory Dwelling Units at 1320 McCandless Dr. (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
May 19, 2026 Milpitas City Council Agenda Page 5
Recommendation: (1) Consider the project to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15182 (Residential Projects Pursuant to a Specific Plan); (2) Adopt a resolution approving Site Development Permit Amendment No. P-SA25-0002, Vesting Tentative Map No. P-TM26-0001, Conditional Use Permit Amendment No. P-UA25-0003, Density Bonus Permit No. P-DB26-0001, and Development Agreement No. P-DA26-0001, subject to the attached Conditions of Approval; (3) Waive reading beyond the title and Introduce an Ordinance approving a Development Agreement between the City of Milpitas and Fields CH Owner, LLC and Milpitas – District 2 Associates, LLC.
16. Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch in Fiscal Year 2026-27 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586- 2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: (1) Conduct a public hearing; and (2) adopt a resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch in Fiscal Year 2026-27.
17. Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 98-1 - Sinclair Horizon in Fiscal Year 2026-27 (Staff Contact: Christian Di Renzo, Public Works Director, 408- 586-2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: (1) Open the public hearing, receive any comments, and move to close the hearing following any testimony, and (2) adopt a resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 98-1 - Sinclair Horizon in Fiscal Year 2026-27.
LEADERSHIP AND SUPPORT SERVICES
18. Adopt a Resolution Appointing a Permanent City Manager (Staff Contact: Christian M. Curtis, City Attorney, 408-586-3040)
Recommendation: (1) Adopt a resolution to appoint Willie A. Hopkins, Jr. as City Manager; (2) Approve and authorize the Mayor to execute an employment agreement on behalf of the City; and (3) Authorize the City Attorney and Acting City Manager, or designee, to take such other actions as necessary and appropriate to carry out the purpose of this appointment.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail: [email protected] / Phone: 408-586-3040
May 19, 2026 Milpitas City Council Agenda Page 6
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3005 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
Milpitas City Council Calendar
May 2026
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
3 4
7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)
5 6:00 PM-Closed Session
7:00 PM-City Council
6 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
6:00 PM- Special Planning
Commission
7 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
8 9
10 11
4:30 PM-Economic Development and
Trade Commission (WL)
12 4:00 PM-Milpitas HOPE
13 7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Sunnyvale)
14 4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
15 16
17 18
7:00 PM-Science, Technology, and
Innovation Commission (WL)
7:00 PM-Library and Education
Commission (HL) (Milpitas Public
Library)
7:00 PM- Special Arts Commission
Meeting
19 5:00 PM-Closed Session
7:00 PM-City Council
20 4:00 PM-City Council Finance
Subcommittee (CM/EC)
6:00 PM-Energy and Environmental
Sustainability Commission (EC)
21 6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Oak Room -
San Mateo Main Library)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(WL)
22 23
24 25
Memorial Day – City
Observed Holiday
City Hall Closed
26 27
7:00 PM-Planning Commission
28 4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB)
29 30
31 April 2026
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
June 2026
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
Milpitas City Council Calendar
June 2026
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)
2 6:00 PM-Closed Session
7:00 PM-City Council
3 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (GB)
7:00 PM-Community Housing
Commission (EC)
4 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5 6
7 8
4:30 PM-Economic Development and
Trade Commission (WL)
9 10
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Sunnyvale)
7:00 PM-Planning Commission
11 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
12 13
14 15
7:00 PM-Science, Technology, and
Innovation Commission (WL)
16 5:00 PM-Closed Session
7:00 PM-City Council
17 4:00 PM-City Council Finance
Subcommittee (CM/EC)
6:00 PM-Energy and Environmental
Sustainability Commission (EC)
18 9:00 AM-ABAG General Assembly
Conference (HL)
5:30 PM-Measure F Oversight
Committee
19 20
21 22
23 1:30 PM-Senior Advisory Commission
(HL)
24 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission
25 26
27 28
29 30
May 2026
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 July 2026
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
May 5, 2026 Milpitas City Council Minutes Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, MAY 5, 2026
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA
The City Council of the City of Milpitas convened in a [Regular/Special/Joint] Meeting of the Milpitas City Council, Housing Authority, and Successor Agency on May 5, 2026, in the City Council Chamber, 455 E.
Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 5:32 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Barbadillo (5:40 PM), Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None.
ADJOURN TO CLOSED SESSION
City Attorney Curtis briefed the City Council on the Closed Session items.
There being no public comments, the City Council adjourned to Closed Session at 5:33 PM. (a) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Jared Hernandez, Acting City Manager, Matt Cano, Assistant City Manager, Rick Bolanos, Liebert Cassidy Whitmore Employee Organization(s): Professional and Technical Employees, Mid-Management and Confidential Employees, Milpitas Employees Association, International Association of Firefighters, Milpitas Police Officers Association, Unrepresented Employees CLOSED SESSION ANNOUNCEMENT:
The City Council reconvened in open session at 7:30 PM.
City Attorney Curtis had nothing to report out.
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.
PLEDGE OF ALLEGIANCE
The City Council recited the Pledge of Allegiance.
INVOCATION
Mayor Montano presented the invocation
PRESENTATIONS
May 5, 2026 Milpitas City Council Minutes Page 2
Mayor Montano, joined by the Milpitas City Council, presented proclamations in recognition of Older Americans Month, Building Safety Month, and Affordable Housing Month.
Economic Development Director Madison Nguyen presented on National Small Business Week, noting that over 90% of Milpitas businesses have 25 or fewer employees. A video featuring local small businesses was screened. Mayor Montano and the Council presented commendations to businesses that have operated in Milpitas for 40 or more years.
Building Safety Month (Proclamation)
Older Americans Month (Proclamation)
Affordable Housing Month (Proclamation)
National Small Business Week
PUBLIC FORUM
There were the following public speakers:
1. Ed Ackerman
2. Nihira Patel & Bhavya Mehta
3. Pushti Mokani
4. Kamlesh R.
5. Joe Lowry
6. Kristy Aurora
7. Member of the Public
8. Santino Fortes
9. Nancy Santiago
10. Member of the Public
Members of the public are invited to speak on any item that does not appear on today’s agenda.
Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record. As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Curtis asked the Mayor and City Councilmembers if they had any personal conflicts of interest.
By roll call, there were no conflicts of interest. City Attorney Curtis asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.
May 5, 2026 Milpitas City Council Minutes Page 3
READING OF THE CITY COUNCIL CODE OF CONDUCT
Vice Mayor Barbadillo read the City Council Code of Conduct.
APPROVAL OF AGENDA
Acting City Manager Hernandez asked to defer Item C8 to a future City Council meeting.
After discussion, motion: to defer Item C8 to a future City Council Meeting.
Motion/Second: Vice Mayor Barbadillo / Councilmember Chua Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None
After discussion, motion: to approve the agenda.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None
CONSENT CALENDAR
After discussion, motion: to approve the Consent Calendar, except Item C8 which was deferred to a future meeting.
Motion/Second: Vice Mayor Barbadillo / Councilmember Lien Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Received City Council Calendar of Meetings for May 2026.
2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Approved City Council Meeting minutes of April 21, 2026.
May 5, 2026 Milpitas City Council Minutes Page 4
3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.
4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.
5. Approve Updating the Name of the Science, Technology and Innovation Commission to the Technology Commission (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Approved updating the name of the Science, Technology and Innovation Commission to the Technology Commission.
6. Waive the Second Reading and Adopt Ordinance No. 128.13 Amending Chapter 14 of Title I of the Milpitas Municipal Code Regarding the Salaries of the Milpitas Mayor and City Council (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Waived the second reading and adopted Ordinance No. 128.13 amending Chapter 14 Title I of the Milpitas Municipal Code to revise language relating to Mayor and City Council salaries.
7. Approve the Second Amendment to the Professional Services Agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning Consulting Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Kelli Parmley, Human Resources Director, 408-586-3086)
Approved and authorized the City Manager, or designee, to execute the Second Amendment to the Professional Services Agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning Consulting Services in the amount of $229,800 in an amount not-to-exceed $1,215,800.
8. Adopt a Resolution Updating and Establishing Various User and Regulatory Fees for 607 of 659 Fees Reviewed as Part of the FY 2026-27 User and Regulatory Fee Study, Effective July 6, 2026 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Deferred to a future City Council meeting.
9. 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) (1) Adopted Resolution No. 9503 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.
10. 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) Adopted Resolution No. 9504 to: (1) Approve Project plans and specifications; (2) Award the construction contract to the lowest responsible and responsive bidder DeSilva Gates Construction LLC
May 5, 2026 Milpitas City Council Minutes Page 5
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.
11. Adopt a Resolution Designating Street Resurfacing Project 2026-27, CIP No. 4308 to be Partially Funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Adopted Resolution No. 9505 designating Street Resurfacing Project 2026-27, CIP No. 4308 to be partially funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017.
PUBLIC HEARINGS
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
12. Conduct a Public Hearing and Adopt a Resolution Approving the Proposed 2027-2031 Capital Improvement Program (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602 and Michael Silveira, City Engineer, 408-586-3303)
Conducted a public hearing and Adopted Resolution No. 9506 approving the 2027-2031 Capital Improvement Program.
Motion/Second: Councilmember Chua / Councilmember Lien
Vote: 4-0-1 (Absent: Barbadillo)
CIP Manager Eam presented the report.
Vice Mayor Barbadillo left the meeting at 8:21 PM.
Mayor Montano opened the public hearing.
There were the following public speakers:
1. Mark Navarro
Mayor Montano closed the public hearing.
Councilmember Chua asked whether Delano Manongs Park, as a safety issue, should be treated with greater urgency and asked what immediate corrective action could be taken. Staff clarified that the CIP already included design funding for artificial turf conversion at Delano Manongs Park, but that this was a longer-term capital solution rather than an immediate field repair. Public Works Director Di Renzo explained the history of irrigation and drainage challenges at the site, the field’s bowl-like condition, and
May 5, 2026 Milpitas City Council Minutes Page 6
overuse preventing natural turf recovery. Recreation and Community Services Director Lorentzen said the City coordinated with the school district on field use and rest periods and did not overschedule the field on the City side because of its condition. Councilmember Chua requested an information memo outlining the near-term and long-term plan so the Council could respond to residents.
Councilmember Lam raised similar concerns about Hall Park and Murphy Park and asked staff to investigate muddy or uneven conditions there as well. Staff said they would review those fields and continue coordinating maintenance and scheduling.
Mayor Montano asked follow-up questions about park assessments, exterior building improvements, HVAC priorities, public art funding, the Metro subdistrict park, and Delano Manongs improvements.
Staff explained that park conditions had been assessed through the parks master plan and could be recirculated to Council, and clarified several CIP line items, including public art implementation, building repainting priorities, sports center and fire station HVAC work, and amenities planned for future parks.
Councilmember Lien asked about the scale of unfunded infrastructure needs, particularly the amount required just to maintain existing assets, and asked about conditions and urgency for Fire Stations 1 and 3. Staff said Fire Station 3 had reached the end of its service life and that both stations had substantial unfunded needs. Councilmember Lien also asked about possible new revenue sources, and staff identified grants, developer impact fees, and possible financing tools such as bonds as options to address long-term capital shortfalls.
Councilmember Lam also asked for additional explanation of the roadway preservation program, and staff explained that the program would allow more proactive maintenance of neighborhood streets before deterioration became more expensive to address.
After discussion, motion: to adopt Resolution No. 9506 approving the 2027-2031 Capital Improvement Program
Motion/Second: Councilmember Chua / Councilmember Lien
by the following:
AYES: Mayor Montano, Councilmember Chua, Councilmember Lam, Councilmember Lien NOES: None
ABSENT: Vice Mayor Barbadillo
13. Receive a Presentation on the FY 2026–27 Proposed Operating Budget and Provide Direction; and Receive the Annual AB 2561 Report on Vacant Positions and Recruitment and Retention Efforts (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; Kelli Parmley, Human Resources Director, 408-586-3086)
Finance Director Cofresí-Howe presented the report, joined by Budget Manager Vurich, and Human resources Director Parmley.
Mayor Montano opened the public hearing. There being no speakers, Mayor Montano closed the public hearing.
Councilmember Chua asked about reserve usage previously approved for labor agreements and confirmed that those funds had since been restored through year-end surplus. She also asked about the hiring freeze and whether recruitment activity was consistent with prior Council direction. Staff explained that the City had been using a strategic hiring review process under which each vacancy must be approved by the City Manager’s Office before recruitment proceeds. Councilmember Chua then identified several possible future budget items for consideration: potential additional funding for the
May 5, 2026 Milpitas City Council Minutes Page 7
Ring doorbell initiative if demand exceeds available supply; waiving or reducing annual fees charged to participants in the community choir and band programs; and exploring a pilot “Care Solace” mental health and substance abuse referral service. Staff said they would research the latter further in advance of budget adoption. She also expressed personal interest in possibly expanding the law clerk internship concept.
Councilmember Lien asked staff to return later in the year with another vacancy update to see whether the vacancy rate had improved, and staff indicated they could return around August. He also asked about the purchasing agent reclassification, the law clerk internship, the elimination of the grant consulting retainer, and whether bringing more work in-house might reduce outside counsel costs. Staff explained the purchasing function was critical and had seen failed recruitments at the lower classification, making a reclassification necessary to attract qualified applicants. The City Attorney described the law clerk internship as a summer opportunity that supports office capacity and public- sector experience for law students. Assistant City Manager Cano explained that the City intended to discontinue only the general retainer portion of the grants consultant arrangement while preserving the ability to use grant-writing support on an as-needed basis.
Councilmember Lam asked whether overtime and merit increases were factored into the budget forecast; staff replied that both were included based on prior trends and compensation assumptions.
He also asked follow-up questions about the injury navigation program, and staff explained that it supplements the workers’ compensation process by connecting injured public safety employees to specialized providers and potentially accelerating return-to-work timelines. He also asked about Milpitas Smart costs and whether fare revenue was factored into the analysis. Staff stated that the service cost approximately $90,000 to $110,000 per month, fare revenue was relatively limited, and significant outside funding would still be needed for long-term sustainability.
Mayor Montano asked follow-up questions about the cost and sustainability of Milpitas Smart and said the service was popular among seniors, students, and residents and should be sustained if possible.
She also expressed support for expanding Milpitas Youth Force opportunities, saying that investing in youth jobs was important, and asked for future consideration of additional funding. She additionally asked for a status update and possible site visit regarding the proposed Main Street police/community office, indicating concern that currently budgeted funds might be insufficient.
Councilmember Lien concluded by commending staff for a disciplined budget presentation and said the City had made real progress but should remain vigilant as structural imbalances may return in coming years. No formal action was required on this item.
COMMUNITY DEVELOPMENT
14. Adopt the Innovation District Parks and Trails Master Plan (Staff Contact: Jay Lee, Planning Department, 408-586-3077)
Principal Planner Van Hua presented the report.
There were no public speakers.
After a short discussion, motion: to adopt Resolution No. 9507 to adopt the Innovation District Parks and Trails Master Plan.
May 5, 2026 Milpitas City Council Minutes Page 8
Motion/Second: Councilmember Chua / Councilmember Lien
by the following:
AYES: Mayor Montano, Councilmember Chua, Councilmember Lam, Councilmember Lien NOES: None
ABSENT: Vice Mayor Barbadillo
LEADERSHIP AND SUPPORT SERVICES
15. Approve Changes to the City Council Procedures and Protocols Handbook to Incorporate Changes to Local Ordinance and State Statute, Including the Adoption of a Meeting Technology Disruption Policy as Required by SB 707 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001; and Christian Curtis, City Attorney, 408-586-3041) City Clerk Guzzetta presented the report.
There were no public comments.
Motion: to approve changes to the City Council Procedures and Protocols Handbook to incorporate changes to Local Ordinance and State Statute, including the adoption of a Meeting Technology Disruption Policy as required by SB 707 (Durazo)..
Motion/Second: Councilmember Chua / Councilmember Lien
Motion carried by the following:
AYES: Mayor Montano, Councilmember Chua, Councilmember Lam, Councilmember Lien NOES: None
ABSENT: Vice Mayor Barbadillo
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Mayor Montano requested the following items be addressed by staff: scheduling a Main Street Subcommittee meeting with the Milpitas Historical Association; a status update on the Main Street entertainment zone; and a return to Council on the food pantry rental fee structure.
A consensus was received (4-0-1, Absent: Barbadillo) to direct staff to return to the City Council with a recommendation regarding transitioning the food pantry lease to a market rate model through the Housing Authority.
Councilmember Chua thanked the Economic Development team for organizing the "Doing Business with the City of Milpitas" workshop scheduled for May 6, 2026 at 9:30 AM at City Hall.
Members of the City Council or City Manager may make brief announcements at this time.
Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT
Mayor Montano adjourned the meeting at 10:53 PM.
May 5, 2026 Milpitas City Council Minutes Page 9
The foregoing minutes were approved by the Milpitas City Council on ________.
____________________________________
Suzanne Guzzetta
Milpitas City Clerk
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 05/12/2026
June 2, 2026 – Regular Meeting
CLOSED SESSION
• Labor Relations
INVOCATION (Councilmember Lam)
PRESENTATION
None.
CONSENT CALENDAR
1. Receive City Council calendar for June 2026 (City Clerk)
2. Approve City Council Meeting minutes of May 19, 2026 (City Clerk)
3. Preview list of items for June 16, 2026 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Resolution Calling the Election (City Clerk)
6. Fiscal / Program Management (Finance)
7. Parks and Landscaping (Finance)
8. Authorize the Surplus of City Vehicles and Equipment (Finance)
9. Project Acceptance for Fire Station No. 1 Modular Building, Project No. 3465 (Public Works / Engineering)
PUBLIC HEARING
10. Operating Budget Adoption (Finance)
11. Weed Abatement (Fire)
12. Approve the 2026-2027 CDBG Annual Action Plan (Housing)
13. Sobrato Townhome Development at 600 Valley Way (Planning)
COMMUNITY DEVELOPMENT
14. RFP for Homeless Outreach and Showers (Housing)
LEADERSHIP AND SUPPORT SERVICES
15. Open Government Ordinance (City Attorney)
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
OPEN ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Return to the City Council with a recommendation
regarding transitioning thefood pantry lease to a
market rate model through the Housing Authority Montano 5/5/2026 An update on this item will be included in the
next quarterly prioritization update.
2 Consider prioritization of a formal, third-party
staffing analysis for te Fire Department similar to
the 2019 study Barbadillo 4/7/2026
An update on this item will be included in the
next quarterly prioritization update.
3 Prepare an information report on the current Fire
Department deployment model and alternative shift
schedule options Barbadillo 4/7/2026
An update on this item will be included in the
next quarterly prioritization update.
4 Review the permitting process, including the site
development permit process, to determine whether
updates were needed to address technology
advancements such as the proliferation of small
cell towers. Barbadillo 4/7/2026
An update on this item will be included in the
next quarterly prioritization update.
5 Explore youth programs and intervention initiatives
in the wake of the passing of Milpitas high school
student Jared Kavan on March 31st, including
possible partnerships with MUSD on counseling,
sports, or after-school programming. Montano 4/7/2026
An update on this item will be included in the
next quarterly prioritization update.
6 Return with a revision to the Council Policy
allowing the school district a limited number of
additional fee waivers. Montano 4/7/2026
An update on this item will be included in the
next quarterly prioritization update.
7 Agendize a review by the Facility Naming
Subcommittee of facilities with "Cesar Chavez" in
the name and make recommendations to the full
Council on new names, including proposed
changes to the Municipal Code, any standing
resolutions, and the City holiday observed on
March 31st. Montano 4/7/2026
An update on this item will be included in the
next quarterly prioritization update.
8 Conduct a review of commission names to better
reflect their focus Montano 11/18/2025
On 4/7/2024 this was removed from the list
and the focus will be on changing the name
of the Science and Technology Commission
only
9 Review the Council prioritization process Chua 11/18/2025 An update on this item will be included in the
next quarterly prioritization update.
10 Research how public funds could be used to
advertise local restaurants during the upcoming
Super Bowl Montano 11/18/2025
An update on this item will be included in the
next quarterly prioritization update.
11 Have a community forum on the Crown Castle
Small Cell towers. Montano 11/18/2025 Completed
12 Install debrillators on city properties Barbadillo 10/28/2025 Completed 13 Place a billboard at the Sport Center to inform the
community about events and activities Montano 10/21/2025 Not prioritzed on 4/7/2026, will be removed
from future lists.
14 Explore the creation of small parks in
neighborhoods without them Montano 10/21/2025
Not prioritzed on 4/7/2026, will be removed
from future lists.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
15 Overtime reporting requirements be modified to
include all overtime rather than only amounts
exceeding 10% of allocated budgets
Lam 3/17/2026
An update on this item will be included in the
next quarterly prioritization update.
16 Consider shortening the name from Library and
Education Advisory Commission to Library
Commission Montano 3/3/2026
Not prioritzed on 4/7/2026, will be removed
from future lists.
17 Request a name change for Science, Technology
and Innovation Commission to the Technology
Commission
Lam 3/3/2026
An update on this item will be included in the
next quarterly prioritization update.
NOTE: Deferred and Completed Items are not listed
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
18 Alcohol and Massage Parlor Permits come before
the City Council. Montano 2/3/2026
An update on this item will be included in the
next quarterly prioritization update.
19 Providing city-branded jackets, hat, and t-shirts to Councilmembers Lam 2/3/2026
An update on this item will be included in the
next quarterly prioritization update.
20 Look into the process of establishing a Friendship
City relationship Montano 11/18/2025
An update on this item will be included in the
next quarterly prioritization update.
21 Increase the amount of funding for the ADU Permit
Subsidy Council 4/1/2025
This was funded and will be removed from
future lists.
22 Council Special Events Fund to provide funding for
City Councilmembers to attend local, non-political,
events where their attendance is beneficial for the
City of Milpitas
Montano/Chua 4/1/2025
This was funded and will be removed from
future lists.
23 Add to the existing Strategic Land Acquisition
Revenue Reserve Council
This was funded and will be removed from
future lists.
24 Storefront and Crime Prevention Initiative by
making funding available for businesses to focus
on public safety related physical improvements to
their storefronts.
Montano
An update on this item will be included in the
next quarterly prioritization update.
25 Revisit the mural selection committee process to
make it more inclusive by involving all
commissioners in the Arts Commission
Montano 8/19/2025
An update on this item will be included in the
next quarterly prioritization update.
26 Exapnd the Milpitas SMART program to include
service to the San Jose Airport Lam 8/12/2025
An update on this item will be included in the
next quarterly prioritization update.
27 Staff explore a program similar to San Leandro’s,
which provides Ring doorbell cameras to residents Chua 8/12/2025 An update on this item will be included in the
next quarterly prioritization update.
28 Develop a project management informational
memo. Barbadillo 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
29 Look into adding an entertainment zone to Main
Street. Montano 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
30 Staff provide a detailed analysis of overtime
expenditures by department. Barbadillo 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
31 Look into a policy to require a Super Majority vote
by Council for any deductions to budget reserves. Chua 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
32 Bring back a discussion regarding fentanyl-related
issues Barbadillo 2/18/2025
An update on this item will be included in the
next quarterly prioritization update.
33 Feasibility study regarding a police satellite office. Montano 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
34 Staff organize a job fair for City job openings Chua 11/19/2024 An update on this item will be included in the
next quarterly prioritization update.
35 Bring back a study or analysis of the permit
process Chua 11/19/2024
An update on this item will be included in the
next quarterly prioritization update.
36 Explore updating the city's business tax rate
schedule Chua 10/1/2024
An update on this item will be included in the
next quarterly prioritization update.
37 Explore funding options for new signage following
the decision to rename the Milpitas Library to the
Milpitas Jose Esteves Library Barbadillo 9/3/2024
An update on this item will be included in the
next quarterly prioritization update.
38 Look into adopting an ordinance similar to San
Jose allowing ADUs (Accessory Dwelling Units) to
have a separate title and be sold separately. Chua 8/13/2024 An update on this item will be included in the
next quarterly prioritization update.
39 Conduct a traffic study on Escuela Parkway to
address circulation concerns Montano 5/7/2024
An update on this item will be included in the
next quarterly prioritization update.
40 Explore the possibility of augmenting the Planning
Commission stipend Barbadillo 4/16/2024
An update on this item will be included in the
next quarterly prioritization update.
41 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
An update on this item will be included in the
next quarterly prioritization update.
42 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update on this item will be included in the
next quarterly prioritization update.
43 Main Street International Festival Lien 10/3/2023
An update on this item will be included in the
next quarterly prioritization update.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
NOTE: Deferred and Completed Items are not listed
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
44 Pickleball Pilot Project Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
45 Main Street Infrastructure Projects Montano 2/28/2023 An update on this item will be included in the
next quarterly prioritization update.
46 Main Street Flooding at Library Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
47 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update on this item will be included in the
next quarterly prioritization update.
48 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update on this item will be included in the
next quarterly prioritization update.
49 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update on this item will be included in the
next quarterly prioritization update.
50 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update on this item will be included in the
next quarterly prioritization update.
51 Consider Community Museum and Park on Main
St. Phan 8/20/2019
Discussions with the property owner of this
site are ongoing and staff is tracking
returning to council by June 2025 with an
update.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
NOTE: Deferred and Completed Items are not listed
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve a Commission Term Realignment Framework for Quarterly Appointment Cycles (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3005)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/19/2026
Recommendation: Approve a Commission Term Realignment Framework as described in this agenda report establishing quarterly appointment cycles for City commissions and direct staff to implement the framework through future recruitment and appointment processes.
BACKGROUND:
The City of Milpitas maintains twelve commissions and one oversight committee that advise the City Council on a variety of policy and community matters. Historically, commissioner term end dates have been established based on when each body was originally created, resulting in recruitment and appointment cycles occurring throughout the calendar year. Over time, this has created staggered and inconsistent recruitment and appointment timelines across commissions.
To improve consistency, transparency, and administrative efficiency, the City Clerk’s Office is proposing the implementation of a standardized quarterly commission term realignment framework for all commissions and the Measure F Oversight Committee. Under the proposed framework, commission terms would ultimately align to one of four quarterly appointment cycles in March, June, September, or December.
The proposed transition is administrative in nature and is not intended to alter the authority, structure, or composition of any commission. The proposal is intended to establish a more predictable appointment process for commissioners, applicants, staff liaisons, and the City Council.
The proposed realignment framework will not require changes to every commission’s existing term cycle.
Several commissions already substantially align with the proposed quarterly structure and would experience little to no operational change. The primary impacts would occur for commissions whose current term end dates fall outside the proposed quarterly appointment months the Community Housing Commission, Economic Development & Trade Commission, Technology Commission, Arts Commission, and Energy & Environmental Sustainability Commission.
The City Clerk’s Office conducted outreach with Commission Staff Liaisons on January 29, 2026, regarding the proposed transition and implementation process. In addition, informational materials describing the proposed quarterly appointment framework were distributed to affected commissioners to provide advance notice of the proposed changes and solicit their feedback.
Under the proposed quarterly structure, appointments would generally occur at the second City Council meeting of the applicable appointment month. The City Clerk’s Office would administratively maintain and publish annual recruitment and appointment calendars identifying anticipated recruitment windows, application review periods, and City Council appointment dates.
ANALYSIS:
The proposed quarterly commission term realignment framework is intended to standardize commissioner recruitment and appointment timing across all commissions and improve long-term administrative planning.
Currently, commission recruitment and appointments occur throughout the calendar year based on varying term expiration dates. This results in inconsistent recruitment schedules, off-cycle appointments, and increased administrative coordination for staff, applicants, and City Council.
Under the proposed framework, all commissions and the Measure F Oversight Committee would ultimately align to one of four quarterly appointment cycles:
Quarter Assigned Commissions
March Economic Development & Trade Commission, Veterans Commission, Measure F Oversight Committee
June Library & Education Advisory Commission, Parks, Recreation & Cultural Resources Commission, Public Safety & Emergency Preparedness Commission
September Youth Advisory Commission, Arts Commission, Energy & Environmental Sustainability Commission
December Community Housing Commission, Planning Commission, Technology Commission, Senior Advisory Commission
The proposed implementation method is “realignment by attrition.” Under this approach:
• Current commissioners would continue serving their existing appointed terms. • No currently seated commissioner would be removed early. • Term end dates would transition gradually as terms naturally expire. • The next appointment for a seat would align to the assigned quarterly cycle.
For example, if a commission currently has an April term end date but is assigned to the March quarterly cycle, the seated commissioner would continue serving through the existing April expiration date. The next appointment for that seat would then align to the March cycle.
In limited circumstances, the appointment for the next term may occur prior to the expiration of a seated commissioner’s current term to maintain the quarterly recruitment schedule. In these situations, the seated commissioner would continue serving through the end of the current term, and the new appointment would become effective immediately following expiration.
Once implemented, the quarterly realignment framework is anticipated to:
• Create more predictable recruitment cycles
• Improve transparency for applicants and commissioners • Reduce off-cycle appointments
• Improve alignment with City Council agenda planning
• Allow publication of an annual recruitment and appointment calendar • Streamline administrative tracking and commissioner onboarding
As part of implementation, the City Clerk’s Office intends to align commission recruitment periods with actual vacancy availability. Commissions without current or anticipated vacancies would not remain continuously open for applications throughout the year. Recruitment periods would instead be opened in coordination with upcoming vacancies during the applicable quarterly appointment cycle and unanticipated vacancies. This approach is intended to improve transparency for applicants, reduce inactive application pools, and better align recruitment efforts with anticipated appointment opportunities.
The City Clerk’s Office would manage the transition process, maintain recruitment and appointment calendars, coordinate with Commission Staff Liaisons, and monitor term alignments over time.
POLICY ALTERNATIVE(S):
Alternative 1: Maintain the current commission recruitment and appointment structure.
Pros:
• No implementation changes required.
• Existing commission term schedules remain unchanged.
Cons:
• Recruitment and appointments would continue occurring throughout the calendar year. • Administrative tracking and coordination would remain inconsistent. • Off-cycle appointments and irregular recruitment timelines would continue. • Reduced predictability for applicants, commissioners, and staff.
Reason for Not Recommending: Staff does not recommend this alternative because it would continue the existing fragmented recruitment and appointment process and would not provide the long-term administrative consistency and transparency achieved through a standardized quarterly schedule.
Alternative 2:
Immediately realign all commission terms by adjusting current commissioner term end dates.
Pros:
• Achieves immediate quarterly alignment.
• Simplifies implementation timeline.
Cons:
• Would require seated commissioners to lose or gain up to one month on their current terms. • Could create confusion regarding existing appointments. • Creates greater disruption during implementation.
Reason for Not Recommending: Staff does not recommend this alternative because the proposed realignment-by-attrition approach achieves the same long-term alignment goals while minimizing impacts to currently seated commissioners.
PROJECT SCHEDULE/KEY MILESTONES
Milestone Target Date Status
Staff Liaison Kickoff Meeting January 29, 2026 Complete Commission Outreach February – May 2026 In Progress
City Council Consideration May 19, 2026 Pending
Publish Recruitment Calendar June 2026 Forthcoming
Begin Quarterly Recruitment Cycle July 2026 Forthcoming
FISCAL IMPACT:
The proposed quarterly recruitment and appointment framework is administrative in nature and is not anticipated to have a significant fiscal impact.
Implementation would be managed by the City Clerk’s Office using existing staffing and operational resources.
Minor administrative costs associated with recruitment materials, public noticing, and calendar publication would be absorbed within existing departmental budgets.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).
ATTACHMENT(S):
N/A
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the City Manager, or Designee, to Execute an Agreement with the City of San José for Minimum Wage Enforcement Services, Retroactive to July 1, 2025 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/19/2026
Recommendation: Authorize the City Manager, or designee, to execute an Agreement with the City of San José for Minimum Wage Enforcement Services, retroactive to July 1, 2025, in an amount not to exceed $75,000, and to exercise one two-year option extension through June 30, 2030, at an additional cost not to exceed $50,000, subject to satisfactory contractor performance and City Council appropriation of funds for the applicable fiscal years.
BACKGROUND:
On February 21, 2017, the City Council adopted Ordinance No. 292 (Ordinance), adding Chapter 31 (Minimum Wage) to Title III of the Milpitas Municipal Code (MMC). The Ordinance established a City-wide minimum wage applicable to all employers subject to City business license requirements or maintaining a business facility within City limits, covering any employee who performs at least two hours of work per week within the geographic boundaries of Milpitas.
The Ordinance established a phased minimum wage schedule beginning at $11.00 per hour effective July 1, 2017, and rising to $15.00 per hour effective July 1, 2019. The Ordinance also provided for automatic annual Consumer Price Index (CPI)-based adjustments each July 1 thereafter, not to exceed 5%, or the State minimum wage, whichever is greater (MMC Section III-31-4.00).
MMC Section III-31-9.00 authorizes the City to coordinate implementation and enforcement of the Ordinance and to designate an agency to administer its terms. Consistent with this authority, and as recognized in the definition of "City" under MMC Section III-31-3.00(a), the City entered into an interagency agreement with the City of San José's Office of Equality Assurance (OEA) to administer and enforce the Ordinance on the City's behalf. San José's OEA was identified by name in the City's FY 2020–21 adopted budget for this purpose.
The original interagency agreement was executed effective July 1, 2020. In November 2022, the City exercised its option to extend the agreement through June 30, 2025, at a not-to-exceed amount of $30,000 for the two- year option period. That agreement expired on June 30, 2025.
ANALYSIS:
Staff has negotiated a new three-year Agreement with the City of San José for the continued provision of Minimum Wage Enforcement Services. The proposed Agreement covers the period July 1, 2025 through June 30, 2028 (Initial Term) at a fixed annual fee of $25,000 per fiscal year, for a total Initial Term not-to-exceed amount of $75,000. The Agreement also provides the City with an option to extend for an additional two-year term (July 1, 2028 – June 30, 2030) at $25,000 per year, for a maximum Option Term cost of $50,000. The combined not-to-exceed amount for the full Agreement, including the Option Term, is $125,000. Exercise of the Option Term is contingent upon satisfactory contractor performance during the Initial Term and the appropriation of funds by the City Council.
Under the proposed Agreement, San José's OEA will provide the following services on the City's behalf:
• General and research-based telephone and written inquiries regarding the City's Minimum Wage Ordinance;
• Complaint intake, including preparation and service of written notices of complaint and requests for documentation from employers;
• Workplace site visits and worker interviews as directed by the City; • Determination of whether violations have occurred, calculation of back wages owed, and issuance of notices of violation as directed by the City;
• Hearing and adjudication support, including testimony at City administrative hearings and court proceedings upon request;
• Annual minimum wage rate updates each March, including notification to the City and transmission of updated outreach materials in multiple languages; and
• Quarterly reports summarizing complaints, violations, employees affected, wages restituted, and penalties assessed.
Both parties are self-insured pursuant to Government Code Section 990.4 and Labor Code Section 3700. The Agreement may be terminated by either party for cause upon 30 days' written notice, or without cause upon 30 days' notice. The City may also terminate annually on June 30 in the event the City Council does not appropriate funding for the following fiscal year.
San José's OEA has performed satisfactorily under prior agreements, and staff recommends continuing this arrangement, which provides the City with experienced, dedicated enforcement capacity at a fixed and predictable annual cost.
Finalization of the Agreement terms required an extended period of negotiation between the parties, and execution was not completed prior to the July 1, 2025 commencement date. San José's OEA has continued to provide services to the City during the intervening period. This action retroactively authorizes the Agreement effective July 1, 2025, ensuring that the services rendered to date are covered under a duly authorized contract.
POLICY ALTERNATIVE(S):
Alternative 1: Direct City enforcement of the Minimum Wage Ordinance using City staff.
Pros: Eliminates reliance on an interagency agreement; direct oversight of enforcement activities.
Cons: Would require the City to recruit, train, and retain dedicated enforcement personnel and develop independent investigative and outreach infrastructure, at a cost likely to significantly exceed the $25,000 annual contract fee. The City currently has no such capacity in place.
Reason for Not Recommending: San José's OEA provides a proven, cost-effective enforcement model.
Building equivalent in-house capacity would be more costly, time-consuming, and operationally complex.
PROJECT SCHEDULE/KEY MILESTONES
Milestone Target Date Status
Prior Agreement expired June 30, 2025 Complete
New Agreement negotiated with City of San José April 2025 Complete City Council retroactive authorization May 5, 2026 Pending City Manager executes Agreement (retroactive to July 1, 2025) May 2026 Pending Agreement commencement (retroactive) July 1, 2025 In Progress Initial Term expiration June 30, 2028 Forthcoming
Option Term notice deadline (if exercised) January 30, 2028 Forthcoming
FISCAL IMPACT:
The fixed annual cost of $25,000 is budgeted in the Finance Department's operating budget. Funding for each fiscal year of the Agreement is subject to annual appropriation by the City Council. There is no impact to the General Fund reserve. The table below summarizes the cost by fiscal year.
Fiscal Year Annual Cost Cumulative Total
FY 2025–26 (Initial Term, Year 1) $25,000 $25,000
FY 2026–27 (Initial Term, Year 2) $25,000 $50,000
FY 2027–28 (Initial Term, Year 3) $25,000 $75,000
FY 2028–29 (Option Term, Year 1)* $25,000 $100,000
FY 2029–30 (Option Term, Year 2)* $25,000 $125,000
* Option Term costs are contingent upon City Council appropriation and exercise of the option.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b). The authorization of an interagency services agreement for minimum wage enforcement is an organizational or administrative activity that does not directly result in a physical change to the environment.
ATTACHMENT(S):
N/A
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Releasing Unclaimed Checks and Unclaimed Credit with a Value Less than $15 in the Aggregate Amount of $205.25 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/19/2026
Recommendation Adopt a resolution authorizing the transfer to the General Fund of $195.25 in unclaimed checks and $10.00 in unclaimed recreation credit, in the aggregate amount of $205.25, in accordance with City of Milpitas Standard Operating Procedure No. 26-1 and California Government Code Section 50055.
BACKGROUND:
California Government Code Section 50055 authorizes a local agency to transfer to its General Fund any money that has remained unclaimed for more than one year, provided each individual amount is less than $15 (or in any amount if the depositor's name is unknown). The transfer requires authorization by the City Council.
The City Standard Operating Procedure (SOP) No. 26-1 implements this statutory authority. The SOP establishes the process for identifying eligible unclaimed checks and credits, documenting them, and presenting them to Council for release. Unclaimed amounts typically arise when refund checks are not cashed by the payee or when account credits remain on customer accounts after the underlying activity has concluded.
ANALYSIS:
The City has identified 20 unclaimed checks totaling $195.25 and one unclaimed recreation credit of $10.00, for an aggregate amount of $205.25. Each item is less than $15 and has remained unclaimed for more than one year, satisfying the criteria established under SOP No. 26-1 and California Government Code Section 50055.
The underlying transactions relate to refunds of business license overpayments, utility account balances, permit fee overpayments, and recreation activity fees for classes offered by the Recreation and Community Services Department. All items are listed in Exhibit A of the attached Resolution, with issuances dated no later than February 2025.
Consistent with SOP No. 26-1, staff recommends the City Council adopt the attached Resolution authorizing the transfer of these unclaimed checks and credit to the General Fund.
POLICY ALTERNATIVE(S):
Alternative 1: Do not adopt the Resolution and retain the unclaimed checks and credit in the City's liability accounts.
Pros: None.
Cons: The City would not exercise its statutory authority under Government Code Section 50055 to clear these items. The funds would continue to be carried in liability accounts, requiring ongoing tracking and reconciliation by Finance staff for items that have remained unclaimed for more than one year.
Reason for Not Recommending: SOP No. 26-1 establishes a periodic release process to keep the City's books current and to exercise the authority granted by State law. Deferring this routine clean-up provides no offsetting benefit and is inconsistent with the City's adopted procedure.
FISCAL IMPACT:
The recommended action will increase General Fund revenues by $205.25 in FY 2025-26.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b)
ATTACHMENT(S):
(a) Resolution
(b) Exhibit A to the Resolution – Finance Operation Accounts Unclaimed Checks of less than $15 and one year or older
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS RELEASING
UNCLAIMED CHECKS AND CREDIT TO THE GENERAL FUND
WHEREAS, the unclaimed checks and recreation credit listed on Exhibit A attached hereto have been outstanding and unclaimed for more than one year; and
WHEREAS, each item on Exhibit A is in an amount of less than $15; and
WHEREAS, California Government Code Section 50055 authorizes the legislative body of a local agency to transfer to the General Fund individual items of less than $15 (or any amount if the depositor's name is unknown) that have remained unclaimed for more than one year; and
WHEREAS, the City of Milpitas Standard Operating Procedure No. 26-1 implements this statutory authority and establishes the process for the periodic release of such items.
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 unclaimed checks totaling $195.25 and the unclaimed recreation credit of $10.00 listed in Exhibit A, in the aggregate amount of $205.25, are hereby released and shall be transferred to the General Fund in FY 2025-26, in accordance with Section 50055 of the California Government Code.
PASSED AND ADOPTED this on ______ 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 M. Curtis, City Attorney
Check No.
Date
Amount
418924
8/23/2024
13.75 416851
5/3/2024
12.50 417756
6/21/2024
12.50 417758
6/21/2024
12.50 418917
8/23/2024
12.50 420311
11/15/2024
12.50 419104
8/30/2024
11.00 419141
8/30/2024
11.00 419161
8/30/2024
11.00 419303
9/13/2024
10.29 416845
5/3/2024
10.00 421603
2/14/2025
10.00 417478
6/7/2024
9.37 415911
3/8/2024
8.94 418923
8/23/2024
8.75 416844
5/3/2024
8.00 418915
8/23/2024
8.00 417766
6/21/2024
6.50 416921
5/3/2024
6.15 TOTAL
195.25
$
Recipt No.
Date
Amount
2034762.002
Jul 30, 2024
$10.00
10.00 $
Total Unclaimed Checks and Credit
205.25
$
UNCLAIMED CREDITS
- Amount Less Than $15.00
- No Later than February 2025
Exhibit A
UNCLAIMED CHECKS
- Amount Less Than $15.00
- No Later than February 2025
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve Accounts Receivable Write-offs for the Fiscal Year Ending June 30, 2026 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/19/2026
Recommendation: Approve the Accounts Receivable write-offs for the Fiscal Year ending June 30, 2026.
BACKGROUND:
As part of the Finance Department routine analysis of outstanding accounts receivable and the annual publication of the City’s audited financial statements, staff reviews the City accounts receivable to identify payments outstanding for more than one year. These outstanding payments are considered for write-off if collection efforts have been unsuccessful. City activities taken to remind customers of overdue payments include internal billing notices, past due notices, phone calls, and referring outstanding balance(s) to an external collection agency, Collection Bureau of America (CBA).
City of Milpitas Municipal Code (MMC) I-5-3.00 Write-off of Uncollectible Accounts authorizes the City Manager and the Director of Finance, jointly,
“… to write off as uncollectible up to $50,000.00 in total annually (and up to $10,000.00 for any single account or claim) on all accounts or claims which the City may have against all persons when the City Manager and Director of Finance determine that the claim is:
a. Uncollectible;
b. Possibly collectible but collection would not be reasonably cost-effective taking into consideration the probable necessary cost to the City in pursuing collection and the likelihood of collection; or
c. Not a valid, enforceable claim of the City.”
As the annual write-off amount is more than $50,000, staff seeks Council approval.
ANALYSIS:
This action proposes write-offs of accounts identified as uncollectible during the Finance Department's year- end aging review as of June 30, 2025. The corresponding write-off transactions will be recorded in the Tyler ERP system in FY 2025-26, prior to the close of the current fiscal year.
Staff recommends the attached listings of accounts receivable accounts to City Council for write-off approval.
This report covers the period from July 1, 2024 to June 30, 2025. Attached are two accounts receivable lists:
one for utility accounts (water and sewer) and the other for non-utility accounts that have remained unpaid for more than 12 months. The table below identifies accounts receivable categories, total amounts invoiced as of June 30, 2025, proposed write-off amounts and proposed write-off amount represented as a percent of total amounts invoiced.
Invoiced
Amount
Proposed W rite-
Off Amounts
% of Invoiced
Amount
Utility Accounts 65,481,811$ 69,254 0.11%
Fire Annual Permit 1,054,594 16,357 1.55%
False Alarm 42,718 18,149 42.49%
Building Permits 6,526,375 12,561 0.19%
T OT AL73,105,498 116,321$ 0.16%
(*) Figures may not sum to totals due to rounding
It should be noted that during this period, the City achieved an overall collection rate of 99.84%. The proposed write-off of $116,321 is approximately 0.16% of all the amounts invoiced during the same period. It should further be noted that no individual account or claim in the proposed write-off exceeds the $10,000 per-account limit established by MMC I-5-3.00; the largest single account is $9,699 in the Utility Fund. City Council approval is required solely because the aggregate write-off total of $116,321 exceeds the $50,000 annual threshold.
Finance staff invoice and collect payments for all utility accounts as well as miscellaneous accounts receivable, which include private development jobs, fire permits, business licenses, retiree medical, and police and fire false alarms. Collection timelines are as follows:
• For utility accounts, in accordance with Senate Bill 998 Discontinuance of Residential Water Service, payment is due within 21 days of the bill date. A reminder notice is issued on day 23, a final notice on day 65, and a telephone call follows on day 73. The account is tagged for shut-off on day 80 and shut off on day 85, at which point the balance is referred to CBA. A customer whose account has been shut off and referred to collections must pay the outstanding balance in full before new utility service may be established, even if that balance has been written off.
• For miscellaneous accounts receivable, payment is due within 28 days of the invoice date. If unpaid, a reminder notice is issued on day 28 with payment due within 14 days. If still unpaid, a final notice is issued on day 42 with payment due within 7 days. Accounts remaining unpaid after the final notice are referred to the City's collection agency.
POLICY ALTERNATIVE(S):
Alternative 1: Decline the proposed accounts receivable write-offs
Pros: None
Cons: Will not follow Generally Accepted Accounting Principles, thus overstating City financials.
Reason for Not Recommending: Carrying uncollectible accounts on the City's books overstates assets and revenue, contrary to GAAP. Failure to write off uncollectible accounts could result in an audit finding or qualification of the City's financial statements.
PROJECT SCHEDULE/KEY MILESTONES
Milestone Target Date Status
Accounts Receivable Aging Review Quarter 1, FY 2025-26 Complete Collection Activities Ongoing Ongoing
City Council Approval May 19, 2026 Pending
Tyler ERP System Write-Off June 30, 2026 Forthcoming
FISCAL IMPACT:
Write-offs of $116,321 from the outstanding accounts receivable will reduce the full accrual fund balances of the General Fund by $47,067 and the Utility Funds by $69,254.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This item is not a Project under CEQA pursuant to Guideline 15378(b)(4), which excludes government fiscal activities that do not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment.
ATTACHMENT(S):
(a) FY 2025-2026 Write-Off : Utility Bills
(b) FY 2025-2026 Write-Off : Miscellaneous Accounts Receivable
ACCOUNT # CUSTOMER NAME
FINAL BILL
DATE AMOUNT REASON
2016660 SUEH-RONG YANG 07/01/24 25 CLOSED ACCOUNT 2053051 KATRINA MAMUYAC 09/16/24 49 CLOSED ACCOUNT 2022646 SRINIVAS KOLA 12/23/24 81 CLOSED ACCOUNT 2052026 ENRIQUE ESTRADA 09/02/24 87 CLOSED ACCOUNT 2048582 MAJID BARGHI 06/09/25 88 CLOSED ACCOUNT 2033177 ZHANHONG ZHANG 04/28/25 88 CLOSED ACCOUNT 2053088 LMC MILPITAS HOLDINGS I LLC 09/02/24 94 BUSINESS CLOSED 2052188 CHRISTINE NGUYEN 04/24/23 109 CLOSED ACCOUNT 2049552 ISABELL NELSON 10/07/24 119 CLOSED ACCOUNT 2014676 THOMAS FOUTS 08/05/24 123 CLOSED ACCOUNT 2053057 CDC PROPERTY MANAGEMENT 11/25/24 123 BUSINESS CLOSED 2052598 ANTON ASPIRE MILPITAS 750 LLC 01/13/25 127 BUSINESS CLOSED 2050230 JIAZHENG LU 01/13/25 129 CLOSED ACCOUNT 2053988 GINGER WILLIAMS 02/10/25 131 CLOSED ACCOUNT 2000945 ERIC ORR 07/22/24 132 CLOSED ACCOUNT 2019486 KENNETH DAL-BUSCO 03/17/25 132 CLOSED ACCOUNT 2049099 CHRISTINE ROSALEJOS 10/14/24 144 CLOSED ACCOUNT 2049529 RHONDA WATTS 09/09/24 167 CLOSED ACCOUNT 2052036 ANGELINA MARTINEZ 02/10/25 184 CLOSED ACCOUNT 2052923 GERALDINE MEAN 07/08/24 199 CLOSED ACCOUNT 2053463 HOANG LE 05/05/25 200 CLOSED ACCOUNT 2053554 ARTI GURBAXANI 03/03/25 200 CLOSED ACCOUNT 2053813 MD S PROPERTY MANAGEMENT 12/16/24 204 CLOSED ACCOUNT 2009859 BELLA MARTIN 03/10/25 205 CLOSED ACCOUNT 2052526 ROBERT BELL 07/29/24 209 CLOSED ACCOUNT 2053736 DI LAN 12/09/24 225 CLOSED ACCOUNT 2045234 MING GOA LIANG 01/13/25 228 CLOSED ACCOUNT 2052123 ASHLEY GURAK 08/19/24 243 CLOSED ACCOUNT 2053385 ROSCELIA O'NEAL 04/07/25 250 CLOSED ACCOUNT 2052483 XAVIER GALARSA 07/15/24 260 CLOSED ACCOUNT 2053842 ANISH MULLAPUDI 05/19/25 280 CLOSED ACCOUNT 2043129 JUNVAN NGUYEN 04/07/25 292 CLOSED ACCOUNT 2049862 JON MILLON 01/06/25 296 CLOSED ACCOUNT 2018429 ANTHONY FOX 04/21/25 307 CLOSED ACCOUNT 2042104 JOHNNIE TAM 08/19/24 312 CLOSED ACCOUNT 2046331 EUROPEAN WAX CENTER 08/05/24 320 BUSINESS CLOSED 2053663 DOORSTEAD INC 09/09/24 323 CLOSED ACCOUNT 2033907 TU DO 05/19/25 324 CLOSED ACCOUNT 2053888 JAMES HAYES 06/23/25 333 CLOSED ACCOUNT 2052657 ANTON MILPITAS 730 LLC-ASCEND 05/26/25 348 BUSINESS CLOSED 2053466 BRANNY BRADSHAW 06/16/25 353 CLOSED ACCOUNT 2050254 MLBB HOT POT 07/22/24 354 BUSINESS CLOSED 2053081 ARTURO VIDANA 03/24/25 354 CLOSED ACCOUNT 2047104 JIFENG YU 10/07/24 355 CLOSED ACCOUNT 2047157 JACOB MATLY 06/23/25 388 CLOSED ACCOUNT FY 2025-2026 WRITE OFF
Utility Accounts Receivable
as of June 30, 2025
ACCOUNT # CUSTOMER NAME
FINAL BILL
DATE AMOUNT REASON
FY 2025-2026 WRITE OFF
Utility Accounts Receivable
as of June 30, 2025
2053293 JOHN SAGARAG 08/12/24 389 CLOSED ACCOUNT 2053295 KEVIN BROYLES 03/10/25 389 CLOSED ACCOUNT 2051824 LUIS GALLARDO 10/28/24 408 CLOSED ACCOUNT 2052997 RANDY LEPE 01/13/25 417 CLOSED ACCOUNT 2053654 GEOVANI SINGSON 03/10/25 434 CLOSED ACCOUNT 2013020 MARILYN VAN ENGER 09/16/24 445 CLOSED ACCOUNT 2053227 PARAADICE GUTIERREZ 09/02/24 459 CLOSED ACCOUNT 2042628 JEANETTE OROPEZA 10/28/24 468 CLOSED ACCOUNT 2031204 LIN CHAN 09/30/24 474 CLOSED ACCOUNT 2007289 GUSTAVO GARCIA 08/12/24 506 CLOSED ACCOUNT 2048039 JAY SHARMA 10/07/24 514 CLOSED ACCOUNT 2048090 PHO CONSTRUCTION 01/27/25 516 CLOSED ACCOUNT 2047042 MINH LE 09/23/24 522 CLOSED ACCOUNT 2027279 CHRISTINE EDERRA 09/23/24 530 CLOSED ACCOUNT 2047426 BRANDON DUNHAM 10/14/24 544 CLOSED ACCOUNT 2014169 BEN ADELMAN 08/26/24 547 CLOSED ACCOUNT 2043701 LETICIA MARTINEZ 03/17/25 550 CLOSED ACCOUNT 2053924 MARIANA MENDOZA 03/17/25 555 CLOSED ACCOUNT 2051283 CARLOS OLVERA 04/07/25 557 CLOSED ACCOUNT 2050123 EMMANUEL CABINIAN 08/19/24 557 CLOSED ACCOUNT 2034288 JUDI GUILFORD 11/04/24 565 CLOSED ACCOUNT 2051073 JOANN TRAN 03/10/25 567 CLOSED ACCOUNT 2049763 MARILOU SAMONT 01/13/25 585 CLOSED ACCOUNT 2052282 ALFRED DOMINGUEZ 02/24/25 598 CLOSED ACCOUNT 2044761 COLETTE BALONEY 11/25/24 598 CLOSED ACCOUNT 2048777 RICHARD GUERRA 06/09/25 625 CLOSED ACCOUNT 2044291 TRESSY COLLIE 04/14/25 635 CLOSED ACCOUNT 2046226 PRISCILLA RAMOS 08/05/24 642 CLOSED ACCOUNT 2051176 KURTIS KIDD 10/14/24 693 CLOSED ACCOUNT 2048612 JEFFREY ARBUCKLE 01/13/25 693 CLOSED ACCOUNT 2027919 LESLIE CALHOUN 06/16/25 696 CLOSED ACCOUNT 2051853 EDUARDO LICUDO 04/14/25 701 CLOSED ACCOUNT 2043862 ROSARIO APLAON 02/17/25 713 CLOSED ACCOUNT 2036121 JASON EDROSOLO 02/17/25 725 CLOSED ACCOUNT 2038808 HAZEL VALERA 06/09/25 730 CLOSED ACCOUNT 2053777 DANIELA PICO QUINTERO 03/24/25 750 CLOSED ACCOUNT 2052754 MARIA ALVARDO 06/02/25 751 CLOSED ACCOUNT 2044792 ROHLA DE CASTRO 03/24/25 755 CLOSED ACCOUNT 2016884 RICHARD STADNISKY 05/19/25 757 CLOSED ACCOUNT 2053611 SUZZI BOCCHINI 02/10/25 774 CLOSED ACCOUNT 2001311 RICHARD GUZICKI 12/16/24 777 CLOSED ACCOUNT 2048821 VINCENT LOPEZ 12/09/24 783 CLOSED ACCOUNT 2050700 EMILY OLIVO 07/22/24 783 CLOSED ACCOUNT 2052029 AARON B VALLE 10/07/24 793 CLOSED ACCOUNT 2053392 DANA GUTING 11/25/24 834 CLOSED ACCOUNT
ACCOUNT # CUSTOMER NAME
FINAL BILL
DATE AMOUNT REASON
FY 2025-2026 WRITE OFF
Utility Accounts Receivable
as of June 30, 2025
2051968 CRYSTAL RAMIREZ 12/23/24 858 CLOSED ACCOUNT 2040713 LEAH VENEGAS 01/06/25 875 CLOSED ACCOUNT 2049751 TANIDA PLAMINTR 06/23/25 898 CLOSED ACCOUNT 2051987 HAIKUN QIU 06/23/25 944 CLOSED ACCOUNT 2018509 AL FABRIS 11/18/24 979 CLOSED ACCOUNT 2051602 BEN MASTERS 09/02/24 984 CLOSED ACCOUNT 2052304 9 SILVER LLC 06/09/25 1,056 CLOSED ACCOUNT 2053313 ANTHONY DIAZ 10/14/24 1,159 CLOSED ACCOUNT 2053701 REINA PADILLA 02/24/25 1,159 CLOSED ACCOUNT 2051144 ITALIAN RESTAURANT GROUP LLC 02/10/25 1,528 CLOSED ACCOUNT 2052960 OCEAN 9 BUFFET LLC 06/09/25 1,976 CLOSED ACCOUNT 2052632 RUTH FREGOSO 12/23/24 2,035 CLOSED ACCOUNT 2052656 ANTON MILPITAS 730 LLC-ASCEND 05/26/25 2,159 CLOSED ACCOUNT 2031731 PRECISION SWISS PRODUCTS 01/20/25 2,838 CLOSED ACCOUNT 2051639 BIG LOTS 4768 03/03/25 3,311 CLOSED ACCOUNT 2051095 BIRYANIZ, INC. 05/26/25 9,699 CLOSED ACCOUNT TOTAL AMOUNT 69,254$
INVOICE # DATE CUSTOMER NAME
CUSTOMER ID
NUMBER AMOUNT DESCRIPTION
210 12/13/24 New King Egg Roll 2489 1,029 Fire Annual Permit 39 12/13/24 Ctc Property, Llc 2498 1,725 Fire Annual Permit 38 12/13/24 Ctc Property, Llc 2498 697 Fire Annual Permit 211 12/13/24 Apt. Complex (William Tran) 2522 333 Fire Annual Permit 213 12/13/24 Ragala Properties 2539 333 Fire Annual Permit 40 12/13/24 Ascend Apartments - Anton 2568 3,717 Fire Annual Permit 186 12/13/24 Nichols Sport Bikes 2675 697 Fire Annual Permit 193 05/30/25 Shabu Shabu Kiwami 2710 333 Fire Annual Permit 194 05/30/25 Jiang Nan Restaurant 2711 1,029 Fire Annual Permit 195 05/30/25 Hey Tea 2712 333 Fire Annual Permit 197 05/30/25 Chroma Ate 2714 697 Fire Annual Permit 198 05/30/25 The Little Gym 2715 1,029 Fire Annual Permit 199 05/30/25 Naans & Curries 2716 333 Fire Annual Permit 200 06/27/25 CHANDNI CHOWK 2743 333 Fire Annual Permit 201 06/27/25 ESCAPE CAMPERVAN 2744 697 Fire Annual Permit 214 12/13/24 Nelson, Peter 2749 333 Fire Annual Permit 215 12/13/24 Churchill, Margaret 2750 1,328 Fire Annual Permit 241 03/07/25 Bottomley Dist Co 1021 1,383 Fire Annual Permit Fire Annual Permit 16,357$
334 06/30/25 BURLINGTON COAT FACTORY 1003 789 False Alarm 333 06/30/25 BURLINGTON COAT FACTORY 1003 141 False Alarm 305 05/09/25 BURLINGTON COAT FACTORY 1003 28 False Alarm 278 04/25/25 Kentucky Fried Chicken 1013 141 False Alarm 249 09/27/24 Kentucky Fried Chicken 1013 85 False Alarm 250 09/27/24 Red Lobster Restaurant 1016 85 False Alarm 279 04/25/25 Burger King 1017 85 False Alarm 203 08/16/24 Dave & Busters 1039 900 False Alarm 280 04/25/25 Romanos Macaroni Grill 1047 169 False Alarm 270 03/07/25 Romanos Macaroni Grill 1047 113 False Alarm 271 03/07/25 Dollar Tree Store 1055 28 False Alarm 343 06/30/25 Calaveras Family Dentistry 1080 56 False Alarm 272 03/07/25 Burger King #5270 1085 282 False Alarm 281 04/25/25 Burger King #5270 1085 282 False Alarm 282 04/25/25 Burger King #5270 1085 282 False Alarm 251 09/27/24 Burger King #5270 1085 141 False Alarm 344 06/30/25 Burger King #5270 1085 85 False Alarm 345 06/30/25 Wells Fargo Bank 1 1087 28 False Alarm 284 04/25/25 Beverages And More 1102 141 False Alarm 285 04/25/25 Merryhill School 1124 55 False Alarm 260 11/15/24 La Milpa Mexican Restaurant 1160 28 False Alarm 252 09/27/24 The Olive Garden Italian Rest 1172 620 False Alarm 286 04/25/25 The Olive Garden Italian Rest 1172 620 False Alarm 287 04/25/25 The Olive Garden Italian Rest 1172 310 False Alarm 288 04/25/25 The Olive Garden Italian Rest 1172 310 False Alarm 350 06/30/25 The Olive Garden Italian Rest 1172 169 False Alarm 351 06/30/25 The Olive Garden Italian Rest 1172 113 False Alarm 311 05/09/25 The Olive Garden Italian Rest 1172 28 False Alarm 312 05/09/25 The Olive Garden Italian Rest 1172 28 False Alarm FY 2025-2026 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2025
INVOICE # DATE CUSTOMER NAME
CUSTOMER ID
NUMBER AMOUNT DESCRIPTION
FY 2025-2026 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2025
359 06/30/25 AT&T Mobility 1213 902 False Alarm 357 06/30/25 AT&T Mobility 1213 310 False Alarm 358 06/30/25 AT&T Mobility 1213 310 False Alarm 289 04/25/25 AT&T Mobility 1213 169 False Alarm 313 05/09/25 AT&T Mobility 1213 56 False Alarm 204 09/06/24 Essex Portfolio LP 1215 900 False Alarm 205 10/18/24 Essex Portfolio LP 1215 900 False Alarm 207 01/24/25 Essex Portfolio LP 1215 900 False Alarm 208 05/16/25 Essex Portfolio LP 1215 900 False Alarm 360 06/30/25 ADP Inc. 1221 282 False Alarm 290 04/25/25 ADP Inc. 1221 169 False Alarm 253 09/27/24 ADP Inc. 1221 113 False Alarm 314 05/09/25 ADP Inc. 1221 28 False Alarm 361 06/30/25 ADP Inc. 1221 28 False Alarm 315 05/09/25 Teledyne Lecory Inc 1236 28 False Alarm 261 11/15/24 Wellbound Of Milpitas 1244 28 False Alarm 366 06/30/25 N. Glantz And Sons 1281 113 False Alarm 365 06/30/25 N. Glantz And Sons 1281 28 False Alarm 367 06/30/25 N. Glantz And Sons 1281 28 False Alarm 368 06/30/25 N. Glantz And Sons 1281 28 False Alarm 262 11/15/24 Paris Baguette 1330 85 False Alarm 291 04/25/25 Sutter Health Walk In Care 1333 169 False Alarm 273 03/07/25 Sutter Health Walk In Care 1333 28 False Alarm 373 06/30/25 CRST Specialized 1378 141 False Alarm 374 06/30/25 CRST Specialized 1378 85 False Alarm 319 05/09/25 Divyash Patel 1389 28 False Alarm 209 05/16/25 H&M 1405 300 False Alarm 376 06/30/25 Satellite Healthcare Milpitas 1440 28 False Alarm 202 07/19/24 Milpitas Care Center 1459 900 False Alarm 328 05/09/25 Teazentea Milpitas, Inc 1476 28 False Alarm 264 11/15/24 Amrendra Kumar 1570 28 False Alarm 265 11/15/24 Anton Aspire Apartments 1573 846 False Alarm 320 05/09/25 BP Products North America Inc 1599 28 False Alarm 378 06/30/25 BP Products North America Inc 1599 28 False Alarm 321 05/09/25 Dieuchau Nguyen 1640 28 False Alarm 383 06/30/25 Dieuchau Nguyen 1640 28 False Alarm 206 12/13/24 Legoland Discovery Center San 1749 900 False Alarm 266 11/15/24 Red Bull Distribution Company 1832 28 False Alarm 322 05/09/25 Red Bull Distribution Company 1832 28 False Alarm 386 06/30/25 Santiago Quitevis 1856 28 False Alarm 293 04/25/25 The Best Sandwiches 1898 28 False Alarm 324 05/09/25 The Best Sandwiches 1898 28 False Alarm 255 09/27/24 The Rice House Llc 1899 310 False Alarm 256 09/27/24 Imran Akther 1960 28 False Alarm 388 06/30/25 High Connection Density 2041 28 False Alarm 295 04/25/25 Taste Good Beijing Cuisine 2092 28 False Alarm 267 11/15/24 TCT Circuit Supply 2228 85 False Alarm 393 06/30/25 Griffis South Bay Apartments 2280 282 False Alarm 394 06/30/25 Griffis South Bay Apartments 2280 141 False Alarm
INVOICE # DATE CUSTOMER NAME
CUSTOMER ID
NUMBER AMOUNT DESCRIPTION
FY 2025-2026 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2025
392 06/30/25 Griffis South Bay Apartments 2280 85 False Alarm 329 05/09/25 Sun Med Spa 2320 27 False Alarm 300 04/25/25 California Pure Water 2398 169 False Alarm 330 05/09/25 California Pure Water 2398 28 False Alarm 269 11/15/24 Ponnada Soujanya 2417 28 False Alarm 258 09/27/24 Vidya Shyamala 2420 282 False Alarm 259 09/27/24 Imelda Zambada 2422 28 False Alarm 275 03/07/25 Arco Landess 2442 28 False Alarm 276 03/07/25 Blue Note Lounge 2443 28 False Alarm 303 04/25/25 Puff City Smoke Shop 2448 28 False Alarm 395 06/30/25 Puff City Smoke Shop 2448 28 False Alarm 396 06/30/25 Puff City Smoke Shop 2448 28 False Alarm 397 06/30/25 Supreme Housewares 2451 28 False Alarm 403 06/30/25 Los Jefes Taqueria 2667 28 False Alarm 349 06/30/25 LA MILPA MEXICAN RESTAURANT 2766 28 False Alarm 332 05/09/25 UNIVERSAL ENTERPRISES USA INC 2784 28 False Alarm 401 06/30/25 ARVIND KUMAR 2805 28 False Alarm 405 06/30/25 PINOY BBQ 2809 28 False Alarm 407 06/30/25 TIMBER SOMA MC LP 2811 28 False Alarm 410 06/30/25 GIDEON AT THE FIELDS 2814 28 False Alarm 412 06/30/25 RED DRAGON GIFT SHOP 2816 56 False Alarm False Alarm 18,149$
235 09/02/22 Jian Li 2429 3,475 Building Permits 236 01/06/23 Sea Wagyu House Milpitas LLC 2432 6,977 Building Permits 239 04/14/23 Jagannath Sahoo 2437 2,109 Building Permits Building Permits 12,561$
OVERALL TOTAL 47,067$
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the City Manager, or Designee, to Negotiate and Execute Purchase Orders with L.N. Curtis and Sons for Fire Department Equipment and Supplies (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jason Schoonover, Fire Chief, 408-586-2811)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/19/2026
Recommendation: Authorize the City Manager, or designee, to negotiate and execute three purchase orders with L.N. Curtis and Sons for (1) personal protective equipment (PPE) with a maximum compensation of $500,000; (2) self-contained breathing apparatus (SCBA) equipment with a maximum compensation of $100,000; and (3) miscellaneous firefighting equipment and rescue tools, including related supplies and accessories, with a maximum compensation of $900,000, each for a five-year term and subject to the appropriation of funds.
BACKGROUND:
The Fire Department requires personal protective equipment (PPE), self-contained breathing apparatus (SCBA) equipment, and other miscellaneous firefighting equipment and rescue tools, including related supplies and accessories, such as fire hoses and fire axes, to provide ongoing public safety services. The need to purchase new equipment and supplies is driven by regulatory requirements, current industry standards, the necessity to replace aging or obsolete inventory, and the need to replenish consumables.
ANALYSIS:
The Fire Department forecasts its equipment and supply needs for the next five years based on the Department’s replacement schedules, regulatory compliance obligations, and operational readiness requirements for each area. Based on those projections, the Department estimates that it will need up to $500,000 for PPE, $100,000 for SCBA, and $900,000 for other firefighting-related equipment and supplies over the next five years.
The City’s Municipal Code Section I-2-3.05 authorizes the Purchasing Agent to make purchases based upon agreements entered into by another public agency or cooperative purchasing program utilizing competitive procurement processes consistent with, or at least as restrictive as, the City’s. The Purchasing Agent reviewed multiple Sourcewell Requests for Proposal (RFPs) and contracts awarded to L.N. Curtis and Sons for firefighting equipment and supplies. Sourcewell is a public agency operating under Minnesota Statutes Section 123A.21 that conducts solicitations on behalf of public agencies for cooperative purchasing programs. The Purchasing Agent confirmed the Sourcewell RFP competitive processes meet the Municipal Code requirements. RFPs and contracts reviewed are as follows:
(1) RFP #010424 for Firefighting Personal Protective Equipment with Related Equipment Cleaning issued by Sourcewell on November 9, 2023, and Contract No. 010424-LNC awarded to L.N. Curtis and Sons on April 22, 2024.
(2) RFP #011824 for Self-Contained Breathing Apparatus and Breathing Air Systems with Related Equipment issued by Sourcewell on November 30, 2023, and Contract No. 011824-LNC awarded to L.N. Curtis and Sons on April 22, 2024.
(3) RFP #020124 for Firefighting Equipment and Rescue Tools with Related Supplies and Accessories issued by Sourcewell on December 14, 2023, and Contract No. 020124-LNC awarded to L.N. Curtis and Sons on April 22, 2024.
City staff recommend leveraging these cooperative Sourcewell RFPs in lieu of the City conducting its own bids for these items as by doing so the City can leverage the collective buying power of multiple agencies and save staff resources that would be required to procure these items on its own.
POLICY ALTERNATIVE(S):
Alternative 1: Reject these recommendations and require City staff to conduct competitive bids for these goods.
Pros:
• Provides the City with direct control over the solicitation process, including the ability to tailor specifications to the Fire Department’s specific operational needs. • May encourage participation from vendors who did not participate in the Sourcewell bid processes, such as local or emerging suppliers.
Cons:
• Will require significant staff time and resources to develop bid documents and manage the City-run solicitations.
• Will require additional time to complete, delaying the replacement or acquisition of critical safety equipment and supplies.
• The City may not achieve the same level of pricing discounts due to reduced volume.
Reason for Not Recommending:
By leveraging these Sourcewell competitive procurements as allowed by the City’s Municipal Code, the City receives more favorable pricing based on the collective buying power of multiple agencies and avoids the need for the City to expend additional staff resources in conducting bids itself.
PROJECT SCHEDULE/KEY MILESTONES
Upon City Council approval, purchase orders will be executed and issued to the vendor within two weeks.
FISCAL IMPACT:
This request sets a combined not-to-exceed amount of $1,500,000 over the full five-year term. Funds for Fiscal Year 2026-27 in the amount of $270,000 have been requested in the 2026-2027 Proposed Operating Budget, that will be reviewed by City Council in June 2026. Funding for future fiscal years is subject to the appropriation of funds through the City’s annual budgeting process.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).
ATTACHMENT(S):
N/A
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive an Update and Approve Actions Related to the Recruitment of Public Works Division Manager – Utilities (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086; and Christian Di Renzo, Public Works, 408- 586-2603)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/19/2026
Recommendation: (1) Authorize the Acting City Manager to:(a) Provide a one-time sign-on bonus in the amount of $10,000 for the currently vacant position of Public Works Division Manager – Utilities and to execute any administrative guidelines as required to implement the bonus; and (2) Authorize the Acting City Manager, or designee, to negotiate and execute a second amendment to the agreement with waterTALENT, LLC increasing the compensation by $126,800 for a revised total not to exceed amount of $321,800.
BACKGROUND:
In October 2025, the City’s Public Works Division Manager – Utilities (Division Manager) left City service, creating a critical technical and managerial vacancy in the organization. This position provides primary oversight for the City’s Utility Maintenance operations including daily maintenance and operations of the City’s potable drinking water system and the City’s sanitary and storm collection systems and pump stations. The Utility Maintenance Division is comprised of 23 full-time equivalents (FTEs).
These utility operations provide critical services that ensure clean and safe drinking water for our community and reliable infrastructure that protects public health, public safety, and the environment. These operations are subject to numerous regulatory permits and requirements and oversight by various State agencies, and as such, this Division Manager position is highly technical and requires special State certifications. Specifically, the State Division of Drinking Water regulations require that the City have a Chief Operator on staff who holds a Water Distribution Operations Grade D5 certification to oversee water system operations. The minimum qualifications for the Division Manager classification include, but are not limited to:
• Five years of experience of increasing responsibility involving construction, maintenance and operation of water distributions systems;
• Possession of a valid water distribution operations certificate (Grade D4 or above) issued by the California State Water Resource Control Board;
• Possession of a valid water distribution operations certificate (Grade D5) issued by the California State Water Resource Control Board within eighteen (18) months of employment; • Possession of or ability to maintain a valid water treatment operations certificate (Grade T2 or above) issued by the California State Water Resource Control Board within one (1) year of employment; and
• Possession of a valid collection system maintenance certificate (Grade 3 or above) issued by the California Water Environment Association (CWEA) (preferred).
ANALYSIS:
Recruitment and Hiring Incentives
• The initial recruitment for the permanent Division Manager position opened on October 28, 2025, and closed on December 1, 2025. The City did not receive any qualified applicants and continued the posting as “Open Until Filled.” On February 17, 2026 the City entered into an agreement under City Manager authority with CPS HR Consulting (CPS) to administer a formal executive recruitment to fill the position. Finding qualified candidates for this highly specialized and technical position remains a
challenge in the current market. To incentivize candidates to accept the City’s employment offer, staff recommends the City offer a one-time sign-on bonus of $10,000.
Despite CPS’s diligent recruitment efforts, there is currently only a small pool of qualified candidates under review. In-person interviews with finalists will be conducted in the upcoming weeks
Continued Interim Division Manager Support During Recruitment Recognizing that the prior recruitment for the permanent Division Manager took over 18 months to complete, the City entered into an agreement with waterTALENT, LLC under City Manager procurement authority on October 23, 2025 to ensure continuous technical management during the current vacancy. waterTALENT has provided the City an Interim Division Manager that meets the minimum qualifications of the position. A retired CalPERS annuitant with over 30 years of water and collection system experience and holds the required certifications was assigned to the City and has been working full-time with City staff since November 12, 2025.
The City’s original agreement with waterTALENT was for a one-year term with a maximum compensation of $90,000, which was sufficient to provide services through January 2026. On January 20, 2026, the City Council approved an amendment to the agreement increasing maximum compensation to $195,000 to provide services through early June 2026. Based on the status of the current recruitment, staff anticipates a permanent Division Manager could be on-boarded in the August-September timeframe. Staff is therefore seeking City Council approval of a second amendment with waterTALENT to increase compensation by $126,800 for a total not-to- exceed amount of $321,800, to provide on-going coverage through the end of September. If the current recruitment is unsuccessful, an additional amendment to the agreement with waterTALENT to increase maximum compensation would be brought forward to City Council for consideration.
POLICY ALTERNATIVE(S):
Alternative 1: Do not authorize the City Manager to offer any recruitment incentives or amend the agreement with waterTALENT.
Pros: The City would accumulate salary savings from the on-going Division Manager vacancy.
Cons: The City would not be able to continue specialty staffing services to manage and support the Utility Maintenance Division, and likely be out of compliance with state regulatory staffing requirements.
Reason for Not Recommending: This position provides managerial oversight of the City’s critical utility operations and systems, without which the City is at risk of compromising drinking water quality, public health, storm response, and regulatory compliance.
PROJECT SCHEDULE/KEY MILESTONES:
Milestone Date Status
Onboard Specialty Recruiter 2/17/2026 Complete
Finalist Interviews Ongoing Ongoing
waterTALENT Coverage through 9/30/2026 Ongoing
Targeted Onboarding 10/1/2026 Pending
FISCAL IMPACT:
The costs of the recommended one-time sign-on bonus will be funded through salary savings from the ongoing Division Manager vacancy, which are already part of the approved FY 2025-26 Operating Budget and funded by the Water and Sewer funds with no impact on the City General Fund.
The proposed second amendment to the agreement with waterTALENT, LLC increases the not-to-exceed amount by $126,800 (from $195,000 to $321,800) to fund continued interim coverage through September 30, 2026. Interim service costs incurred through June 30, 2026 will be funded through existing FY 2025-26 Division Manager salary savings in the Water and Sewer funds. Interim service costs incurred from July 1, 2026 through September 30, 2026 are included in the FY 2026-27 Proposed Operating Budget and are subject to
City Council appropriation, which is scheduled for consideration on June 2, 2026. Both fiscal years' costs are funded by the Water and Sewer funds with no impact on the City General Fund.
The fully loaded rate for the interim Division Manager through waterTALENT, LLC is comparable to the City's fully loaded rate for this position per the City Workforce Budget and Cost Allocation Plan.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
Not a Project. Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b) (3) and 15378(b)(4) either because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and/or because the action is financial and/or administrative and does not directly impact the environment.
ATTACHMENT(S):
None.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Casey Construction, Inc. for the Forcemain-B Air Release Valves Replacement Project, CIP No. 6124 (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: 5/19/2026
Recommendation: Adopt a resolution to (1) Approve the project plans and specifications; (2) Award the construction contract to Casey Construction, Inc., the lowest responsible bidder submitting a responsive bid, in the amount of $333,000; (3) Authorize the City Manager, or designee, to execute the construction contract with Casey Construction, Inc.; and (4) Establish a construction contingency of $67,000 (20% of the contract value) and authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $67,000 for the Forcemain-B Air Release Valves Replacement Project, CIP No. 6124.
BACKGROUND:
The City’s Main Lift Station, built in 1965, is the primary pump station that discharges the City’s untreated wastewater to the San José/Santa Clara Regional Wastewater Facility (SJ/SC RWF) through Forcemain-A (FM-A) or Forcemain-B (FM-B), located on San José’s Residual Sludge Management (RSM) facility for treatment. The forcemains were installed in 1972 and 1998, respectively, and provide system redundancy for conveyance of untreated wastewater to the SJ/SC RWF.
The City is anticipating to start construction to replace FM-A in 2028, as it has reached the end of its service life. Staff is currently working with San José to finalize the alignment of FM-A on the RSM facility and the point of connection at the SJ/SC RWF, which will allow the City to start the environmental clearance and design phase. As FM-A will be out of service at times during construction; FM-B will be the primary forcemain to convey wastewater. In preparation for the FM-A project, the City entered into an agreement with MNS Engineers, Inc. (MNS) to assess the condition of FM-B and identify any potential deficiencies that might impact the operation of FM-B. MNS determined that all eight Air Release Valves (ARVs) and associated components were beyond their intended useful service life and required replacement to ensure continuous operation of FM- B.
Forcemain-B Air Release Valves Replacement Project, CIP No. 6124 (Project) is included in the adopted FY 2025-2029 Capital Improvement Program for the design and construction to replace eight ARVs which included replacement of corroded sections of piping, ball valves, protective assembly enclosures, and concrete pads. MNS completed the plans and specifications for construction in 2025, and the City has obtained a one- year Right of Entry Agreement with San José. The Right of Entry agreement provides the Contractor access to the San José RSM facility property for construction of the Project.
ANALYSIS:
The Project was advertised on the City’s eProcurement system, OpenGov Procurement, and digital construction trade publications on March 20, 2026, and in the Milpitas Post on March 20 and March 27, 2026, in accordance with the bidding requirement of the Uniform Public Construction Cost Accounting Act and Milpitas Municipal Code 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 23, 2026, and three (3) sealed bids were received with the price ranging from $333,000 to $558,500. The Council’s agenda packet includes detailed information about the Project’s Plan and Specifications (Attachment B), and the Engineer’s Construction Estimate and the Bid Results for the Project’s base bid (Attachment C). The Summary of Bid Results is as follows:
Bidder Location Bid
Engineer's Construction Estimate - $400,000
Casey Construction, Inc. Emerald Hills, CA $333,000
GSW Construction, Inc. San Francisco, CA $372,880
Corcus Construction San Francisco, CA $558,500
The bid prices submitted ranged from 17% below to 39% over the Engineer’s Construction Estimate. The variation is likely due to various factors such as, but not limited to, favorable construction market, timing of the bid posting, contractor’s work schedule, an increase in competition amongst contractors, contractors self- performing work instead of using subcontractors, and/or reduced cost in material and labor.
Staff reviewed the bid proposal submitted by Casey Construction, Inc., the apparent lowest bidder, and found their bid proposal to be responsive. The Notice of Intent to Award Contract (Attachment D) to Casey Construction, Inc. was posted on OpenGov Procurement and no bid protests were filed with the City. Staff recommends awarding the construction contract in the amount of $333,000 to Casey Construction, Inc., the lowest responsible bidder submitting a responsive bid. There is sufficient funding available in the Project budget to award this contract, and no additional funding appropriation is required.
Despite the City’s consultant’s best effort to capture all relevant information in the drawings, a significant challenge for projects with corroded components and underground piping is the potential discovery of unforeseen conditions of components that may require further replacement and/or repairs than anticipated. The construction contingency established for the Project to address any unforeseen conditions that arise during construction is $67,000, which is approximately 20% of the total contract value. Staff recommends a 20% contingency, above the typical 10–15% range, given the Project involves underground piping and corroded components where unforeseen conditions cannot be fully captured in design. As previously approved for the successful completion of recent projects with tight completion schedules, staff are requesting the use of the same change order policy used for previous 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 SCHEDULE/KEY MILESTONES
Upon City Council adoption of the Resolution (Attachment A), construction is anticipated to start this summer and be completed by spring of 2027, pending the lead time of construction material.
POLICY ALTERNATIVES:
Alternative 1: Do not approve the Project’s Plans and Specifications and award the construction contract to Casey Construction, Inc.
Pros: The Project will not move forward, and the designated funding will be returned to the Sewer Fund.
Cons: A denial would cause a delay in completing necessary replacement of the aged valves to resolve operational deficiencies and the valves would continue to deteriorate. Proactive maintenance and upgrades of the valves will increase system reliability and redundancy, and safeguard against unanticipated emergencies and shutdowns that can burden City staff and financial resources.
Reason not Recommended: The replacement of the aged ARVs and connections on Forcemain-B is essential to ensure that the pipeline operates efficiently when Forcemain-A is replaced and sewer flow is diverted through Forcemain-B. Installing new ARVs will mitigate chances of potential damage to the Forcemain-B pipeline during operation. Additionally, pushing the project start date could cause the Right of Entry that was negotiated with San José to lapse, requiring lengthy renegotiation.
FISCAL IMPACT:
As of March 24, 2026, the available funding in the Project from the Sewer Fund CIP No. 6124 is $1,790,000, which is sufficient to fully fund and award the contract. The following is the summary of estimated construction cost:
Base Bid $333,000
20% Construction Contingency $67,000
Total $400,000
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The Project entails replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15302.
ATTACHMENT(S):
(a) Resolution
(b) Project Plan and Specifications
(c) Bid Results Summary
(d) Notice of Intent to Award Contract
(e) Construction Change Order Policy
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING PROJECT PLANS AND SPECIFICATIONS; AWARD THE CONSTRUCTION
CONTRACT TO THE LOWEST RESPONSIBLE BIDDER SUBMITTING A
RESPONSIVE BID, CASEY CONSTRUCTION, INC., IN A TOTAL AMOUNT OF $333,000; AUTHORIZE THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE CONSTRUCTION CONTRACT WITH CASEY CONSTRUCTION, INC.; AND ESTABLISH A CONSTRUCTION CONTINGENCY OF $67,000 (20% OF THE
CONTRACT VALUE) AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO
NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT TO EXCEED $67,000 FOR THE MAIN LIFT STATION FORCEMAIN-B AIR RELEASE VALVES REPLACEMENT PROJECT, CIP NO. 6124.
WHEREAS, the Forcemain-B Air Release Valves Replacement Project, CIP No. 6124 (“Project”), is included in the adopted 2026-2030 Capital Improvement Program to provide the design and construction to replace eight (8) air release valves including replacement of corroded sections of piping, ball valves, protective assembly enclosures, and concrete pads along Forcemain-B pipeline from the Main Lift Station to the Santa Clara-San Jose Recycled Water Facility; and
WHEREAS, the Project entails replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, §15302; and
WHEREAS, the Project was advertised on City’s eProcurement system, OpenGov Procurement and digital construction trade publications on March 20, 2026, and in the Milpitas Post on March 20, 2026, and March 27, 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 $400,000; and
WHEREAS, on April 23, 2026, three (3) sealed bid proposals were received and the base bid pricing ranged from $333,000 to $558,500; and
WHEREAS, the lowest responsible bidder submitting a responsive bid is Casey Construction, Inc., in the base bid amount of $333,000; and
WHEREAS, the Notice of Intent to Award Contract to Casey Construction, Inc. was posted on OpenGov Procurement on April 24, 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 to award the construction contract to Casey Construction, Inc., the lowest responsible bidder submitting a responsive bid, for the Project, and authorize the City Manager to execute the construction contract for the Base Bid in the amount of $333,000 in accordance with State law; and
WHEREAS, sufficient funds are available in the Project to award the contract to Casey Construction, Inc. in the total amount of $333,000; and
WHEREAS, staff recommends the City Council authorize the Public Works Director to negotiate and execute change order(s) in an amount not-to-exceed $67,000; fifteen percent (20%) of the total contract value, due to Project’s tight completion schedule and staff’s capability to respond swiftly to unanticipated construction conditions to limit potential claims or risk to the City; and
2 Resolution No. xxxx
WHEREAS, staff recommends the City Council approve the project plans and specifications; and
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which includes 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, Casey Construction, Inc., in the amount of $333,000 for the Project.
The City Manager or their designee is authorized to execute a contract with Casey Construction, Inc., not to exceed this amount and take all necessary actions to effectuate this award.
4. The Public Works Director is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $67,000 for the Project.
PASSED AND ADOPTED this day of , 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Christian M. Curtis, City Attorney
38077.00180\29080232.10 C2
CITY OF MILPITAS
MILPITAS, CALIFORNIA
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR
MAIN LIFT STATION FORCEMAIN-B AIR RELEASE VALVES
REPLACEMENT PROJECT
CIP NO. 6124
Recommended for Bidding: ___________________________________________________ Ariel Morales, P.E., PW Division Manager - Utility Engineering
Approved for Bidding: _________________________________________________________ Michael Silveira, P.E., City Engineer
Bid Set March 2026
38077.00180\29080232.10 C2
TABLE OF CONTENTS
Page
-i- 00 11 16 NOTICE INVITING BIDS
00 11 16 NOTICE INVITING BIDS ......................................................................................... 1 00 21 13 INSTRUCTIONS TO BIDDERS ............................................................................... 4 00 41 43 BID FORMS ...........................................................................................................13 00 52 13 CONTRACT ...........................................................................................................34 00 61 13 BOND FORMS .......................................................................................................39 00 72 13 GENERAL CONDITIONS .......................................................................................51 00 73 13 SPECIAL CONDITIONS ....................................................................................... 107 01 00 00 GENERAL REQUIREMENTS ............................................................................... 111 01 20 00 - 129
38077.00180\29080232.10 C2
-1- 00 11 16 NOTICE INVITING BIDS
00 11 16 NOTICE INVITING BIDS
receive sealed Bids up to but not later than 2:00 p.m. on Thursday, April 23, 2026 at City of Milpitas City Hall, 1st floor, Information Service Counter, 455 E. Calaveras Boulevard, Milpitas, California 95035 , for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for Main Lift Station Forcemain B Air Release Valves Replacement Project CIP No. 6124 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.
in person. Bidders may obtain a copy of the
Contract Documents from OpenGov Procurement
(https://procurement.opengov.com/portal/milpitas-ca). To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.
Additionally, bid packages containing all forms, specifications, terms and conditions may be 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.
a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of Milpitas as bid security.
The bid security shall be provided as a guarantee that within five (5) working days after the City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City.
A MANDATORY Pre-Bid Conference is scheduled for Thursday, April 2, 2026 at 11 AM and Wednesday, April 8, 2026 at 10 AM to review the Project's existingconditions. The meeting shall occur at at 1425 N. McCarthy Boulevard, Milpitas, CA. Representatives of the City and consulting engineers, if any, will be present. Bidders need only to attend one Pre-Bid Conference. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing, and issued as an Addendum. Bids will not be accepted from any bidder who did not attend one of the mandatory Pre-Bid Conferences. It Is the responsibility of the Contractor to perform a site walk to understand the existing conditions and area of work.
38077.00180\29080232.10 C2
-2- 00 11 16 NOTICE INVITING BIDS
The deadline for submitting questions related to this bid is Wednesday, April 15, 2026 at 2 PM.
Contact Adrianne Nikoloff, Assistant Engineer via email at [email protected]. Addenda with answers to questions received by the specified time will be posted following the close of questions.
The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.
Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the contract.
Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Santa Clara County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: https://www.dir.ca.gov/dlsr/.
Department
of Public Works and shall be made available to interested parties upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract 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 include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.
Unless otherwise provided in the Instructions 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 the duration of the contract: A or C- 34 (Pipeline Contractor). $350,000 to $400,000.
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Substitution requests shall be made within 35 calendar days after the award of the contract.
Pursuant to Public Contract Code Section 3400(b), the City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.
City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the City from the BASE BID ALONE. City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.
For further information, contact Adrianne Nikoloff, Assistant Civil Engineer, at City of Milpitas City Hall, 455 E. Calaveras Bouelvard, Milpitas, CA 95035 or (408) 586-3312.
END OF NOTICE INVITING BIDS
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00 21 13 INSTRUCTIONS TO BIDDERS
1. SECURING DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents may be obtained from the City as specified in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.
The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must create an account with OpenGov Procurement to obtain the required Contract Documents if they decide to submit a bid for the Project.
Addenda, if any, issued during the bid period will be posted on OpenGov Procurement. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.
2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including
requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract and no relief for error or omission will be given except as required under State law.
The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.
Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to appropriately manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ and any amendment or renewal thereof, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. By submitting a Bid, each Bidder acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
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3. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the City a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery.
Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to each prospective Bidder who has purchased a set of Drawings and Specifications. The City will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the City.
4. INSPECTION OF SITE; PRE-BID CONFERENCE
Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Pre-Bid Meeting and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.
5. ADDENDA
The City reserves the right to revise the Contract Documents prior to the Bid opening date.
Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall provide City a name, address, email address, and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the Bidder. Any Addenda will be posted on https://procurement.opengov.com/portal/milpitas-ca. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact Adrianne Nikoloff, Assistant Engineer, at City of Milpitas City Hall, 455 E. Calaveras Bouelvard, Milpitas, CA 95035 or (408) 586-3312 to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.
6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder.
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7. 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 by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.
9. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104.
The successful bidder will be required to self-perform at least 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
subcontractors, before awarding the Contract.
Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.
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11. BID GUARANTEE (BOND)
City of Milpitas; or (c) a Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of Milpitas as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the City provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder, or may call for new bids. No interest shall be paid on funds deposited with the City . City will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract.
12. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
The form of such Iran Contracting Certificate is included with the bid package and must be signed and dated under penalty of perjury.
13. NONCOLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of noncollusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury.
14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.
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15. WAGE THEFT CERTIFICATION
Bidders on public works contracts are required to submit a certification disclosing whether the Bidder or any of its proposed subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline.
16. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract.
17. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City the following certificate prior to performing the work under this Contract:
I am aware of the provisions of Section 3700 of the Labor Code, which require undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
The form of such Workers' Compensation Certificate is included as part of this document.
18. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.
19. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed
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envelope, addressed and delivered or mailed, postage prepaid, to the City Clerk before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof:
Bid of
for the MAIN LIFT STATION FORCEMAIN-B AIR RELEASE VALVES REPLACEMENT
PROJECT
Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City
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 that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.
The public reading of each bid will include the following information:
A. The name and business location of the bidder.
B. The nature and amount of the bid security furnished by bidder.
C. The bid amount.
Bidders or their representatives and other interested persons may be present at the opening of the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids.
The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.
21. WITHDRAWAL OF BID
Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein.
Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City.
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22. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders. No person, firm, corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.
23. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
24. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).
25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
26. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.
27. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted
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to 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
Bid with the City of Milpitas City Engineer.
protest to be considered valid, the protest must:
A. Be filed in writing within seven (7) 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
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 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)
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the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have fourteen (14) calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty-one (21) calendar days from the date of the Notice of Award.
Once the City receives all of the properly drafted and executed documents, certifications from the Bidder, and any other documents as maybe specified in the Contract Documents, the City shall issue a Notice to Proceed to that Bidder.
32. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.
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00 41 43 BID FORMS
1.1 Bid Acknowledgement.
NAME OF BIDDER:
To the Honorable City Council of the City of Milpitas, attn City Clerk:
The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project:
MAIN LIFT STATION FORCEMAIN-B ARV REPLACEMENT PROJECT CIP NO. 6124
A We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Contract Documents for the Total Bid Price indicated herein.
B The undersigned agrees that this Bid constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.
C The undersigned has by careful examination of the Contract Documents and any addenda thereto, and by examination of the actual Site conditions, satisfied itself as to the nature and location of all Work, the plans and specifications, and the general and local conditions to be encountered in the performance of any Work, the requirements of the Contract and all other matters which can in any way affect the Work or the cost thereof.
D The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:
List Addenda No's. ________________________________________________ E Attached hereto and by this reference incorporated herein and made a part of this Bid are the following forms which have been completed and executed by undersigned Bidder:
1. Designation of Subcontractors form.
2. Bidder Information and Experience form.
3. Noncollusion Declaration form.
4. Iran Contracting Act Certification form.
5. Public Works Contractor Registration Certification form.
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6. Attached is the completed Wage Theft Certification form.
7. 8. Bid Guarantee in the amount of not less than 10% of the Total Bid Price.
F If awarded a contract, the undersigned hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within fourteen (14) days after the City provides the successful bidder with the Notice of Award.
G Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.
H Bidder is an individual ______, or corporation ______, or partnership ______, organized under the laws of the State of _______________________________.
I Bidder represents and confirms that license(s) required by California State and proper order.
their expiration date(s) and class of license(s):
If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.
(SIGNATURES CONTINUED ON NEXT PAGE)
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J The undersigned that the representations made herein 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)
Print or Type)
(Name and Title)
(Signature)
Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below:
Name Title
Complete Address
Phone Fax
Name Title
Complete Address
Phone Fax
Name Title
Complete Address
Phone Fax
Name Title
Complete Address
Phone Fax
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1.2 BID SCHEDULE
NO. ITEM DESCRIPTION
UNIT OF
MEASURE
EST.
QTY.
UNIT
PRICE
TOTAL ITEM
PRICE
1. Mobilization, Demobilization LS 1
2. Erosion and Sediment
Control Plan
LS 1
3. Demolish Existing Facilities
and Salvage of Equipment
LS 1
4. Install ARVs No. 2,3,4,5,
and 7 Complete
LS 1
5. Install ARV No. 1 and 6
Complete
LS 1
6. Install ARV No. 6A
Complete
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 Item Price set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the Price Price
and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.
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1.3 List of Subcontractors
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one- 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 ,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 may not exceed the allowable amount.
Work to be done by
Subcontractor Name of Subcontractor Location of
Business
CSLB Contractor
License No.
DIR
Registration
Number
% of the
Work
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Work to be done by
Subcontractor Name of Subcontractor Location of
Business
CSLB Contractor
License No.
DIR
Registration
Number
% of the
Work
(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated
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1.4 Bidder Information and Experience Form
A. INFORMATION ABOUT BIDDER
NOTE: If Bidder is a joint venture, pages
shall be duplicated and information provided for all parties to the joint venture.
1.0 Name of Bidder:
2.0 Type, if Entity:
3.0 Bidder Address:
Facsimile Number Telephone Number
Email Address
4.0 5.0
name?
5.1. 6.0
6.1. Date of Incorporation:
6.2. State of Incorporation:
6.3. Name:
6.4. Vice-
6.5. 6.6.
7.0 If an individual or a partnership, answer the following:
7.1. Date of Organization:
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7.2. Name and address of all partners (state whether general or limited partnership):
8.0 If other than a corporation or partnership, describe organization and name principals:
9.0 business.
10.0 What type of work does the Bidder normally perform with its own forces?
11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
12.0 been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
13.0 List Trade References:
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14.0 List Bank References (Bank and Branch Address):
15.0 Name of Bonding Company and Name and Address of Agent:
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B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**]
Project Name, &
Owner Contact
Information
Description of
Completion Date
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
Completion Date
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.
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
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E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder
Signature
Name
Title
Date
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1.5 Non-Collusion Declaration
The undersigned declares:
I am the ___________________ of ______________________________, the party making the foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.
The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].
Name of Bidder
Signature
Name
Title
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1.6 Iran Contracting Act Certification.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
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1.7 Public Works Contractor Registration Certification
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Bidder:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Bidder
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code
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1.8 Wage Theft Certification
The Bidder certifies subject to penalty for perjury that the option checked below relating to the Bidder and its subcontractors status in regard to wage theft is true and correct:
Neither the Bidder nor any of its subcontractors have been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline.
The Bidder or its subcontractors have been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline. For each violation, the Bidder shall provide a copy of (i) the final court order and/or final administrative decision/action; and (ii) documents demonstrating either that the order/decision/action has been fully satisfied, or if the order/decision/action has not been fully satisfied, documents evidencing a payment or other alternative plan approved by the court/government agency to satisfy the order/decision/action and proof that the Bidder or its subcontractors are in compliance with that plan as of the bid submission deadline.
The City has exempted the Bidder from the requirements of the City of Milpitas Wage Theft Procurement Policy.
Signature:
Printed Name:
Title:
Firm Name:
Date:
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1.9 I am aware of the provisions of section 3700 of the Labor Code which require every employer to -insurance in
accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name
Title
Dated ______________________________
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1.10 Bid Bond
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 MAIN LIFT STATION FORCEMAIN-B AIR RELEASE VALVE REPLACEMENT PROJECT CIP No. 6124.
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
fees, court costs, expert witness fees and expenses.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.
(Corporate Seal)
Contractor/Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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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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00 52 13 CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by and between City of Milpitas,
_______________________________________________, sometimes hereinafter called
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
MAIN LIFT STATION FORCEMAIN-B AIR RELEASE VALVES REPLACEMENT PROJECT CIP NO. 6124
The Contractor and its surety shall be liable to the City for any damages arising as a result of the
b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 150 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES.In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
e. COMPONENT PARTS OF THE CONTRACT.
following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
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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.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
i. WAGE THEFT PREVENTION.
(a) Contractor, and any subcontractor it employs to complete work under this Contract, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
(b) BY SIGNING THIS CONTRACT, CONTRACTOR AFFIRMS THAT IT HAS
DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO
EXECUTING THIS CONTRACT THAT CONTRACTOR OR ITS SUBCONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER
AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH
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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.
(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:
Printed
Name:
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
APPROVED AS TO FORM:
By:
Christopher Creech, Acting City
Attorney
APPROVED:
By: ___________________________________
Luz Cofresi-Howe
Finance Director/Risk Manager
APPROVED AS TO CONTENT:
By: ___________________________________
Christian Di Renzo, Public Works Director
END OF CONTRACT
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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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00 61 13 BOND FORMS
1.1 Performance Bond.
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Milpitas, City
_________________________, ontractor ) an agreement for ____________________________________, (h
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 Documents
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, fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City the Contractor or 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 Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City
i Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and dama
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 mpletion 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.
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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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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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1.2 Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Milpitas City
resolution passed _______________ , 20_____, has awarded to ________________________ ____________________________
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that
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this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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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 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 .......................................................................................51 ARTICLE 1 DEFINED TERMS .............................................................................................51 ARTICLE 2 CONTRACT DOCUMENTS ..............................................................................55 ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION ................56 ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE ................................56 ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK ..............................................................................................................56 ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE ............................................57 ARTICLE 7 SOILS INVESTIGATIONS ................................................................................58 ARTICLE 8 ................................................58 ARTICLE 9 WORKERS .......................................................................................................58 ARTICLE 10 INDEPENDENT CONTRACTORS ....................................................................59 ARTICLE 11 SUBCONTRACTS ............................................................................................59 ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY ............................................59 ARTICLE 13 REQUESTS FOR SUBSTITUTION ...................................................................59 ARTICLE 14 SHOP DRAWINGS ...........................................................................................61 ARTICLE 15 SUBMITTALS ...................................................................................................61 ARTICLE 16 MATERIALS .....................................................................................................61 ARTICLE 17 PERMITS AND LICENSES ...............................................................................62 ARTICLE 18 TRENCHES ......................................................................................................63 ARTICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS .....................................64 ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS ......................................................64 ARTICLE 21 SANITARY FACILITIES ....................................................................................64 ARTICLE 22 AIR POLLUTION CONTROL ............................................................................64 ARTICLE 23 LAYOUT AND FIELD ENGINEERING ..............................................................65 ARTICLE 24 TESTS AND INSPECTIONS .............................................................................65 ARTICLE 25 PROTECTION OF WORK AND PROPERTY ....................................................66 ARTICLE 26 .....................................................66 ARTICLE 27 AUTHORIZED REPRESENTATIVES ...............................................................66 ARTICLE 28 HOURS OF WORK ...........................................................................................66 ARTICLE 29 PAYROLL RECORDS ......................................................................................67 ARTICLE 30 PREVAILING RATES OF WAGES ...................................................................69
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ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION .........................................69 ARTICLE 32 EMPLOYMENT OF APPRENTICES .................................................................70 ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ...................70 ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS .....................71 ARTICLE 35 LABOR/EMPLOYMENT SAFETY .....................................................................71 ARTICLE 36 INSURANCE .....................................................................................................71 ARTICLE 37 FORM AND PROOF OF CARRIAGE OF INSURANCE ....................................74 ARTICLE 38 TIME FOR COMPLETION AND LIQUIDATED DAMAGES ...............................75 ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES .....................................................................................................76 ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT ......................................................77 ARTICLE 41 SECURITIES FOR MONEY WITHHELD...........................................................78 ARTICLE 42 CHANGES AND EXTRA WORK. ......................................................................79 ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT ............................................................91 ARTICLE 44 OCCUPANCY ...................................................................................................92 ARTICLE 45 INDEMNIFICATION ..........................................................................................93 ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES ..................................................94 ARTICLE 47 ..................................................94 ARTICLE 48 WARRANTY AND GUARANTEE OF WORK .................................................. 100 ARTICLE 49 DOCUMENT RETENTION & EXAMINATION ................................................. 103 ARTICLE 50 SEPARATE CONTRACTS .............................................................................. 103 ARTICLE 51 NOTICE AND SERVICE THEREOF ............................................................... 103 ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS .............................................................. 104 ARTICLE 53 STATE LICENSE BOARD NOTICE ................................................................ 104 ARTICLE 54 INTEGRATION ............................................................................................... 104 ARTICLE 55 ASSIGNMENT OF CONTRACT ...................................................................... 104 ARTICLE 56 .... 104
ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS ..................................................... 104 ARTICLE 58 PROHIBITED INTERESTS ............................................................................. 105 ARTICLE 59 CONTROLLING LAW ..................................................................................... 105 ARTICLE 60 JURISDICTION; VENUE ................................................................................. 105 ARTICLE 61 LAWS AND REGULATIONS ........................................................................... 105
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TABLE OF CONTENTS
ARTICLE 62 PATENTS ....................................................................................................... 105 ARTICLE 63 OWNERSHIP OF CONTRACT DOCUMENTS ............................................... 106 ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST ....................................... 106 ARTICLE 65 SURVIVAL OF OBLIGATIONS ....................................................................... 106
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00 72 13 GENERAL CONDITIONS
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 references to identified articles and paragraphs, and the titles of other documents or forms.
A. Act of God An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.
B. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.
C. Additional Work --
D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.
E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.
F. Bidder -- The individual or entity who submits a Bid directly to the City.
G. Caltrans Standard Specifications - Standard Specifications of the State of California, Department of Transportation, 2024. Any reference therein to a State agency or officer shall be interpreted as if the corresponding City office or agent acting under this contract were so specified.
H. Caltrans Standard Plans - Standard plans of the State of California, Department of Transportation, 2024. All metric measurements or quantities in the Caltrans Standard Plans shall be disregarded, and equivalent United States measures used.
I. -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.
J. -- 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 .
K. City -- The City of Milpitas.
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L. City Council, Council -- The City Council of the City.
M. City -- The individual or entity as identified in the Special Conditions to act as the
N. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.
O. Contract -- The entire integrated written agreement between the City and negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.
P. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.
Q. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.
R. Contract Times -- The number of days or the dates stated in the Contract Documents to: achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment.
S. Contractor -- The individual or entity with which the City has contracted for performance of the Work.
T. -Site Representative --
On-Site Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed without prior written consent of the City.
U. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City
that was not contemplated by the parties.
V. Day -- A calendar day of 24 hours measured from midnight to the next midnight.
W. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.
X. Demobilization -- The complete dismantling and removal by the Contractor of all
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Y. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.
Z. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.
AA. Engineer, whenever not qualified, shall mean the City Engineer or its designee, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the City Council, shall be binding and final upon both parties.
BB. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the City.
CC. Hazardous Waste --
in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II, or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.
DD. Holiday The Holidays are defined as legal Federal, State, and City holidays including:
- January 1
Martin Luther King Jr.'s Birthday Third Monday in January Lincoln's Birthday Febraury 12
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
- November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve December 24
Christmas Day - December 25
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.
EE. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.
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FF. Notice of Completion -- The form which may be executed by the City and recorded by the county where the Project is located constituting final acceptance of the Project.
GG. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.
HH. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.
II. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.
JJ. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.
KK. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.
LL. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.
MM. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.
NN. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.
OO. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.
PP. Successful Bidder -- The Bidder submitting a responsive Bid to whom the City makes an award.
QQ. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.
RR. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
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SS. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its bid or as adjusted in accordance with the Contract Documents.
TT. Warranty -- A written guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer.
UU. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.
ARTICLE 2 CONTRACT DOCUMENTS
A. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.
B. Interpretations. The Contract Documents are intended to be fully cooperative and complementary. If the Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1. Change Orders
2. Contract
3. Addenda
4. Special Conditions
5. Technical Specifications
6. Plans (Contract Drawings)
7. General Conditions
8. Instructions to Bidders
9. Notice Inviting Bids
10. 11. City Standard Specifications
12. City Standard Drawings
13. Caltrans Standard Specifrications, except Division 1
14. Caltrans Standard Plans
15. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings
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C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply.
D. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade.
ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.
At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.
ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site.
ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
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C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.
D. 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
ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE
A. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans.
B. Unless indicated otherwise on the Plans and Specifications, no excavations were made to verify the locations shown for underground utilities. The service connections to these utilities may not be not shown on the Plans. Any connections shown on the Plans are general locations. It shall be the responsibility of the 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.
C. If applicable, all water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of the Work.
D. Notwithstanding the above, pursuant to section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for Bids, the City shall assume the responsibility for their timely removal, relocation, or protection.
E. Contractor, except in an emergency, shall contact the appropriate regional notification center (USA North), Northern California Underground Service Alert at 811 or 1-800-227-2600 or on-line at 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
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number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor.
ARTICLE 7 SOILS INVESTIGATIONS
A. Reports and Drawings. The Special Conditions identify:
1. those reports known to the City of explorations and tests of subsurface conditions at or contiguous to the site; and
2. those drawings known to the City of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely 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 Contractor may not rely upon or make any claim against the City, City Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:
1. including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or
2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or
3. tions, opinions, or information.
ARTICLE 8
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor.Contractor shall continuously provide efficient supervision of the Project.
ARTICLE 9 WORKERS
A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.
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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 compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.
ARTICLE 11 SUBCONTRACTS
A. Contractor agrees to bind every subcontractor to the terms of the Contract portion of the
Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.
B. The City reserves the right to accept all subcontractors. The City acceptance of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.
ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.
ARTICLE 13 REQUESTS FOR SUBSTITUTION
A.
substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.
B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.
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C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.
D. The Contractor shall submit substitution requests, together with substantiating (15) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.
E. Substantiating data as described above shall include, at a minimum, the following information:
1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.
2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.
3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.
4. Information detailing the durability and lifecycle costs of the proposed substitution.
F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the
G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of described herein.
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H. The Contractor shall bear the costs of all City work associated with the review of substitution requests.
I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.
ARTICLE 14 SHOP DRAWINGS
A. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in its own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop drawings, calculations, schedules, and materials list, and all other provisions required by the Contract Documents. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal.
B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for drawings shall
not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing,
acceptance acceptance of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.
ARTICLE 15 SUBMITTALS
A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents.
The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.
C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.
ARTICLE 16 MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all
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other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.
B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.
D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.
E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.
F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be payment for the actual quantities at the prices set out in the Bid Form, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications.Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.
G. The City shall provide compensation for actual quantities of materials installed in accordance with the Contract Documents and at the price set forth in the materials stored on/off site but not yet installed in accordance with the Contract Documents.
ARTICLE 17 PERMITS AND LICENSES
A. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including encroachment permits, and shall pay all fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of public health and safety. Before acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.Any construction permits required by City for performing any work on this project will be issued by City at no charge to Contractor. Contractor and all subcontractors shall maintain a City business license at all times they are performing the Work.
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ARTICLE 18 TRENCHES
A. Trenches Five Feet or More in Depth. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the be present at the Work Site each day that trenching/excavation is in progress. The ide daily trenching/excavation
inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.
B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or other excavations that extend deeper than four feet below the surface, Contractor shall promptly, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
1. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or 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 time required for, performance of any
part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.
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ARTICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City
divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance 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 Contrac
costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.
ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.
ARTICLE 21 SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor.
ARTICLE 22 AIR POLLUTION CONTROL
Contractor shall comply with all air pollution and dust control rules, regulations, ordinances and statutes, including, but not limited to, those required by the Air Quality Management District. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware which definition is
considered by CARB to include any item of equipment with a fuel-powered engine. Contractor -road diesel fueled fleets, sections
2449, 2449.1, and 2449.2 of Title 13 of the California Code of Regulations. Contractor shall provide the City with a Certificate of Reported Compliance for all applicable vehicles used by Contractor or any subcontractor with diesel-fueled or alternative diesel fueled off-road compression-ignition engines with a maximum power of 25 horsepower or greater provided the vehicles cannot be registered and driven safely on-road or were not designed to be driven on-
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road, even if they have been modified so that they can be driven safely on road. Noncompliant fleets are prohibited from being used on the Project. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, it subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
ARTICLE 23 LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense.
ARTICLE 24 TESTS AND INSPECTIONS
A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.
Required certificates of inspection (or similar) shall be secured by Contractor.
Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.
B. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor in compliance with the Contract Documents.
C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.
E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.
F. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.
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ARTICLE 25 PROTECTION OF WORK AND PROPERTY
A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All W
Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor.
ARTICLE 26
Contractor is solely responsible for the means and methods utilized to perform the Work. In no 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 W
the Work in accordance with the Contract Documents.Contractor shall provide safe and proper facilities for such access.
ARTICLE 28 HOURS OF WORK
A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided.
Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one- half times the basic rate of pay.
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B. The Contractor and every subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.
C. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. Contractor shall also timely notify the City when work will be perfomed outside regular working hours or on weekends or holidays.
E. City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Inspection before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires e for review and approval. Upon written request and approval the
8.5 hour working day may be changed to other limits subject to city/county ordinance.
F. Refer to the most current version of the City of Milpitas Noise Abatement Ordinance, Ord. 196.6 of the Municipal Code Section V-213. It shall be unlawful for any person to engage or permit to engage in construction of any building or related road or walkway, pool, or landscape improvement or in the construction operations related thereto including to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 7:00 p.m., Monday through Sunday, unless otherwise approved by the City:
1. Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools
ARTICLE 29 PAYROLL RECORDS; LABOR COMPLIANCE
A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor
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shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.
B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
C. Any stop orders issued by the Department of Industrial Relations against of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
D. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1. A certified copy of the
for inspection or furnished to such employee or his or her authorized representative on request.
2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.
E. Unless submitted electronically, the certified payroll records shall be on forms shall contain the same information as the forms provided by the DLSE.
F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated.
G. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is
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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.
H. The responsibility for compliance with this Article shall rest upon the Contractor.
ARTICLE 30 PREVAILING RATES OF WAGES
A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.
, 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 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 t place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
B. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all
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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.
ARTICLE 32 EMPLOYMENT OF APPRENTICES
A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.
B. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.
D. The responsibility for compliance with this Article shall rest upon the Contractor.
ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.
Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully 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 employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract.
Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall requirements provided for or referred to herein.
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-71- 00 72 13 GENERAL CONDITIONS
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.
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 requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.
ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.
ARTICLE 35 LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and local legal right to work in the United States.
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.
The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the City prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the City Standards. Contractor shall adhere to
ARTICLE 36 INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effective coverage required