Form W-9 (Rev. 12-2014) Page 3
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.
Line 3
Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3.
Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the “Limited Liability Company” box and enter “P” in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the “Limited Liability Company” box and in the space provided enter “C” for C corporation or “S” for S corporation. If it is a single-member LLC that is a disregarded entity, do not check the “Limited Liability Company” box; instead check the first box in line 3 “Individual/sole proprietor or single-member LLC.”
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding.
Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a) 11—A financial institution
12—A middleman known in the investment community as a nominee or custodian
13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt for . . .
Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations. S
corporations must not enter an exempt
payee code because they are exempt
only for sales of noncovered securities
acquired prior to 2012.
Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over $5,0001 Generally, exempt payees 1 through 52 Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank.
Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.
A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section
1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.
If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.
Note. See the chart on page 4 for further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676).
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
Form W-9 (Rev. 12-2014) Page 4
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier.
Signature requirements. Complete the certification as indicated in items 1 through 5 below.
1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account: Give name and SSN of:
1. Individual The individual
2. Two or more individuals (joint
account)
The actual owner of the account or,
if combined funds, the first
individual on the account1
3. Custodian account of a minor
(Uniform Gift to Minors Act)
The minor2
4. a. The usual revocable savings
trust (grantor is also trustee)
b. So-called trust account that is
not a legal or valid trust under
state law
The grantor-trustee1
The actual owner1
5. Sole proprietorship or disregarded
entity owned by an individual
The owner3
6. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:
7. Disregarded entity not owned by an
individual
The owner
8. A valid trust, estate, or pension trust Legal entity4
9. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation
10. Association, club, religious,
charitable, educational, or other taxexempt organization The organization
11. Partnership or multi-member LLC The partnership
12. A broker or registered nominee The broker or nominee
13. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity
14. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)
(B))
The trust
1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2. *Note. Grantor also must provide a Form W-9 to trustee of trust.
Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.
For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance.
Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: [email protected] or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338).
Visit IRS.gov to learn more about identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.
City of Milpitas
Insurance Requirement Checklist
Vendor:
All of the standard insurance requirements for the City of Milpitas are contained in the BBK contract documents. Those items that are required are marked with an "X" but vary per contract. All items so marked must be met unless specifically exempted in writing by the Risk Manager. Insurance coverage required by the City varies depending on the contract; carefully read the contract to be sure all the necessary endorsements are included below.
Prepared By: Date:
Reviewed By: Date:
Approved By: Date:
Proof of Liability on
Policy X
Endorsement
Required General Liability
1 Additional
Insured** * X
2 Completed
Operations***
* X
3 Contractors
Insurance shall
be:
Primary * X
Non-Contrib. * X
4 Waiver of
Subrogation * X
5 Notice of
Cancellation
*
X
Auto Liability
*
* X
* X
* X
* X
*
X
Workers Comp
* X
*
X
Professional
Liability***
Other:
Other:
Other:
Other:
Other:
Additional
Engineering
Requirements
X if required
Exceptions:
Note:
Most insurance companies will provide certificates and endorsement for the requirements listed above, but frequently not until specifically asked.
The city always prefers stand-alone endorsements. However, depending on the insurance company, it may be their practice to issue a standardized blanket endorsement form/document(s). Alternatively, they may submit excerpts from a policy document, this is also acceptable to the City.
However, be sure to ask the company to put the specific policy number on the document and clearly mark the specific clause(s) that reflect each endorsement and to send you those pages only, or you will likely wind up with a 50-page policy and no easy way to determine which clauses apply to the certificate.
* Most commonly required for BBK agreements and contracts ** Additional Insured language must be stated as follows: “The City, its elected and appointed officials, officers, attorneys, agents, employees and volunteers.” *** Required for all Engineering projects
Updated 1 March 2023
Created June 2022
√ Check Mark if supplied
Shruti Shah
Mohit Chaudhary
Mohit Chaudhary
Bennett Engineering Services, Inc.
YES
7/18/25
7/18/25
7/22/25
YES
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)
POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
7/3/2025
Edgewood Partners Insurance Agency
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
ACEC Certificates
770.552.4225
[email protected]
The Travelers Indemnity Company of CT 25682
BENNENGI Westfield Specialty Insurance Company 16992
Bennett Engineering Services Inc
1082 Sunrise Ave, Suite 100
Roseville CA 95661
The Travelers Indemnity Company 25658
Colony Insurance Company 39993
753066658
A X 2,000,000
X 1,000,000
5,000
2,000,000
4,000,000
X
6807P093267 1/1/2025 1/1/2026
4,000,000
A 1,000,000
X X
BA3R341051 1/1/2025 1/1/2026
D X X AR6462478 1/1/2025 1/1/2026 5,000,000
5,000,000
C UB00A7411942 1/1/2025 1/1/2026 X
1,000,000
1,000,000
1,000,000
B Professional Liability ADP0000317 1/1/2025 1/1/2026 Per Claim Aggregate
$3,000,000
$4,000,000
The Certificate Holder and/or following are hereby included as Additional Insured(s) on the General Liability policy and coverage is provided on a Primary, Non-Contributory basis including a Waiver of Subrogation if required by written contract:
RE: 25-3017.
City and its elected and appointed officials, officers, attorneys, agents employees and volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder.
City of Milpitas
10-*$:/6.#&3#"3
10-*$:/6.#&3#"3
10-*$:/6.#&3#"3
10-*$:/6.#&31
AEP 00100 1123 Page 1 of 2 ©2023 Westfield Specialty®. All Rights Reserved.
PROFESSIONAL AND POLLUTION LIABILITY
INSURANCE POLICY FOR DESIGN PROFESSIONALS
Insurer Westfield Specialty Insurance Company Policy No. ADP-0000317
IMPORTANT NOTICE
THIS POLICY IS A CLAIMS MADE AND REPORTED POLICY. EXCEPT AS OTHERWISE
PROVIDED HEREIN, THIS POLICY COVERS CLAIMS FIRST MADE AND REPORTED TO
THE INSURER DURING THE POLICY PERIOD OR THE EXTENDED REPORTING PERIOD (IF APPLICABLE). THIS POLICY IMPOSES A DUTY TO DEFEND ON THE INSURER. THE
LIMITS OF LIABILITY AVAILABLE TO PAY LOSS SHALL BE REDUCED AND MAY BE EXHAUSTED BY THE PAYMENT OF DEFENSE COSTS.
PLEASE READ THIS POLICY CAREFULLY.
Item 1. Named Insured and Address:
Bennett Engineering Services, Inc.
1082 Sunrise Avenue, Suite 100
Roseville, CA 95661
Item 2. Policy Period: From: 01/01/2025 To: 01/01/2026
12:01 a.m. local time at the address shown in Item 1.
Item 3. Retroactive Date: See AEP 01129 1123
Item 4. Limits of Liability:
(A) Each Claim Limit of Liability: $3,000,000
(B) Maximum Aggregate Limit of Liability: $4,000,000
Item 5. Retentions:
(A) Each Claim Retention: $10,000
(B) Aggregate Retention: $N/A
Item 6. Premium:
Item 7. Notice to Insurer:
(A) Notice of Claim or for Supplemental Coverages:
Westfield Insurance Company
One Park Circle Westfield, Ohio 44251
Attn: Specialty Claims Department
Email: [email protected]
Telephone: 1-800-243-0210
(B) All Other Notices:
AEP 00100 1123 Page 2 of 2 ©2023 Westfield Specialty®. All Rights Reserved.
Westfield Insurance Company
One Park Circle Westfield, Ohio 44251
Attn: Specialty Underwriting Department
Email: [email protected]
Telephone: 1-800-243-0210
Item 8. Policy and Endorsements attached at inception:
See AEP 01010 1123 Schedule of Forms and Endorsements
Item 9. Extended Reporting Period:
Twelve (12) months for one hundred percent (100%) of the full annual premium.
Twenty-four (24) months for one hundred fifty percent (150%) of the full annual premium.
Thirty-six (36) months for one hundred eighty-five percent (185%) of the full annual premium.
Sixty (60) months for two hundred fifty percent (250%) of the full annual premium.
Unlimited for three hundred percent (300%) of the full annual premium. 01/30/2025
Date:
Authorized Representative
AEP 01010 1123 Page 1 of 1 ©2022 Westfield. All Rights Reserved.
SCHEDULE OF FORMS AND ENDORSEMENTS
Policy Number: ADP-0000317
Issued To: Bennett Engineering Services, Inc.
Policy Period: 01/01/2025 to 01/01/2026
WSP 70001 0622 OFAC Notice to Policyholders Westfield
WSP 70003 0622 Surplus Lines Notice
AEP 00100 1123 A&E Declarations Page
AEP 01010 1123 Schedule of Forms and Endorsements
AEP 00504 1123 California Amendatory Endorsement
AEP 01011 1123 Service of Suit
AEP 01129 1123 Amend Retroactive Dates (Split Dates for Increased Limits) Endorsement AEP 01148 1123 Notice of Cancellation to Specified Certificate Holder Endorsement AEP 01150 1123 Specific Project Limit of Liability (Claim Expenses Within Limit) Endorsement
AEP 01167 0624 Amend Privacy Breach Forensic Investigation Reimbursement Endorsement
AEP 00001 0724 Design Professionals Professional Pollution Policy Form
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager, or Designee, to Execute a Design Services Agreement with Bennett Engineering for Street Resurfacing Project 2026, CIP No. 4307 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Category: Consent Calendar-Community Development
Meeting Date: 9/2/2025
Recommendation: Approve and authorize the City Manager, or designee, to execute a Design Services Agreement with Bennett Engineering in an amount not to exceed $509,112 for the Street Resurfacing Project 2026, CIP No. 4307.
BACKGROUND:
The Traffic and Transportation Engineering Division within the Public Works Department is responsible for planning and managing the Citywide Street Resurfacing Program. The streets identified annually for the repair, rehabilitation, and/or reconstruction are based on the Pavement Technical Assessment Program (P-TAP) report developed by the Metropolitan Transportation Commission (MTC). The P-TAP report provides agencies with recommendations to optimize the pavement condition rating, and the use of funding received from the County and State, which includes Gas Tax, Measure B, SB1 RMRA, and Vehicle Registration Fee. According to the 2024 P-TAP report, the City’s Pavement Condition Index (PCI) stands at 71, classified as "Good Condition" and above the Bay Area’s average of 67. The City’s goal is to maintain a minimum PCI rating of 70.
The Street Resurfacing Project 2026, CIP No. 4307 (Project) is included in the adopted 2026-2030 Capital Improvement Program to improve and enhance the accessibility and safety of streets for pedestrians, cyclists, and daily commuters. The Project provides for the design and construction of asphalt concrete improvements consisting of grind and overlay, cape, crack and slurry sealing, and spot repairs; concrete improvements including repairs to curb, gutter, and sidewalk and curb ramp replacement in compliance with the Americans with Disabilities Act; pedestrian improvements at adjacent signalized intersections; upgrades to the bike lanes according to the 2022 Trail, Pedestrian, Bicycle Master Plan; and reinstallation of striping and pavement delineation. Staff completed the design consultant selection process through a Request for Proposals in June of 2025 for the following scope of work and is ready to execute a Design Service Agreement. This scope of work is the same as approved by the Mayor and City Council as part of the adopted Capital Improvement Program budget on June 3, 2025:
Design consultant to complete the design for construction of Street Resurfacing Project 2026. Planned streets include Yellowstone Avenue from South Park Victoria Drive to Landess Avenue; South Park Victoria Drive from Yosemite Drive to Yellowstone Avenue; Acadia Avenue; Glacier Avenue; Lassen Avenue; Olympic Drive; Platt Avenue and Court; Saratoga Avenue; and Big Basin Drive. Design consultant to complete planning for street resurfacing project in 2027 and 2028 to define project scopes to guide funding decisions. Planned neighborhoods under consideration include (but may be subject to change): (1) north of Peter Gill Memorial Park between Paseo Refugio, Escuela Parkway, Tramway Drive, and North Hillview Drive; and (2) North Abbott Avenue from Redwood Avenue to Heath Street and adjacent streets.
ANALYSIS:
In accordance with City Municipal Code I-2-3.13 – Contracting for Consultant, a Request for Proposals (RFP 4307) was released on April 4, 2025, to seek a design consultant with expertise in providing planning, design, and construction services related to the street resurfacing program. The scope of work is described in the Design Service Agreement – Exhibit A (Attachment 1). It will include asphalt and concrete improvements, ADA curb ramp upgrades, signalized intersection improvements pertaining to detection cameras and pedestrian access, and updating striping and signage for bike lanes, travel lanes, and pedestrian areas.
The RFP was publicly posted on the City’s eProcurement system, OpenGov Procurement, in accordance with the City Municipal Code I-2-3.09 - Request for Proposals Procedure. Upon release, 43 firms downloaded the RFP documents. Five (5) consultants submitted proposals by the published closing date of April 30, 2025.
The RFP was evaluated and scored according to the criteria outlined in the solicitation. Following the initial scoring, the two highest-ranked firms were invited to participate in an oral interview to discuss their proposal further, provide clarifications, and answer questions. Bennett Engineering was determined to be the best value proposer in accordance with the RFP evaluation criteria. Scores for the proposals are as follows:
Next Step and Project Schedule
Upon City Council approval of the Design Service Agreement, Bennett Engineering will start the design of the Project in October 2025, which is anticipated to be completed by April of 2026. The construction is expected to begin in June/July of 2026. Construction is anticipated to require four months and should be completed by Fall of 2026. In addition, planning of the annual street resurfacing project for 2027 and 2028 is anticipated to be completed by the Spring of 2026 to start the design in the Summer of 2026.
Additional Street Resurfacing Program Project Status Updates While not part of this design project, Dempsey Road will be resurfaced by the summer of 2026 following the completion of the Dempsey Road Water Main Replacement, CIP No. 7118. In addition, Great Mall Parkway Phase 2, CIP No. 4300 will be packaged with the Dempsey Road street resurfacing as the project was not selected to received grant funding from California Transportation Commission Local Partnership Program.
City Council awarded a construction contract on May 6, 2025 for Street Sealing Project 2024, CIP No. 4305, which is anticipated to be completed by the end of September 2025. The streets includes E. Calaveras Blvd. from I-680 to Evans Rd, N. Park Victoria Dr. from E. Calaveras to Jacklin Rd., Temple Ave. from East Calaveras Blvd. to Wylie Dr., Courtland Ct. & Ave., Jungfrau Ct., Bee Ct., Matterhorn Ct., Big Bear Ct., Hay Ct., Chewpon Ave. Beacon Dr., Canton Dr. from Roswell Drive and Bixby Drive, Lawton Dr., Roswell Dr. from Canton Dr. to the end of the cul-de-sac, and Sepulveda Ct.
POLICY ALTERNATIVE(S):
Alternative 1: Not approving the Design Service Agreement with Bennett Engineering.
Evaluation
Criteria
Max
Points
Bennett
Engineering
Sanbell
Bay Area
Kimley -
Horn
Wilsey
Ham
Pavement
Engineering
Cover Letter 5 4.30 4.33 4.00 4.33 3.33
Company Profile 30 25.50 24.00 23.49 25.50 21.51
Execution Plan 30 26.10 25.50 23.49 23.01 18.99
References 5 4.35 4.33 3.50 3.50 3.50
Personnel Assigned 15 12.75 12.75 12.75 11.25 11.75
Proposed
Compensation
15 13.50 10.50 12.00 9.00 9.00
Total Score 100 86.50 81.41 79.23 76.59 68.08
Pros: None
Cons: The completion of design will be delayed by a minimum of six (6) months, missing the construction season of 2026. The construction of the Project will have to be postponed to 2027. The schedule for the planning of the annual street resurfacing projects in 2027 and 2028 will also be delayed, impacting the 5-year workplan of the Citywide Street Resurfacing Program.
Reason for Not Recommending: The Project is critical to maintaining the City's goal of its overall Pavement Condition Index (PCI) of 70 and long-term pavement performance. Postponing the design for the Project in 2026 and planning of 2027 and 2028 will impact the 5-year workplan of the Citywide Street Resurfacing Program, the overall Pavement Condition Index, and delay making needed improvements for streets in need.
FISCAL IMPACT:
As of July 31, 2025, the available funding in Street Resurfacing Project 2026, CIP No. 4307 is $4,956,235, which is funded by Measure B, SB1 RMRA, and the Vehicle Registration Fee. There is sufficient funding allocated to the project for this Design Service Agreement with Bennett Engineering in an amount not to exceed $509,112.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The Project entails the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301. The project further entails replacement or reconstruction of existing facilities where the new facilities will be located on the same site as the facilities replaced and will have substantially the same purpose and capacity as the structure replaced and are exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15302. A Notice of Exemption will be filed with the County of Santa Clara prior to the award of construction contract.
ATTACHMENT(S):
(a) Design Services Agreement
September 2, 2025 Milpitas City Council Summary Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
SUMMARY
TUESDAY, SEPTEMBER 2, 2025
AB 2449
Approved a remote appearance by Councilmember Chua pursuant to the AB2449 Emergency Circumstance.
Motion/Second: Vice Mayor Barbadillo / Mayor Montano
Vote: 5-0
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Rick Bolanos, Liebert Cassidy Whitmore Employee Organization(s): Professional and Technical Employees, Mid-Management and Confidential Employees, Milpitas Employees Association, Unrepresented Employees (b) CONFERENCE WITH LEGAL COUNSEL
Pursuant to Government Code Section 54956.9(d)(1)
Existing Litigation: Steven Fox vs. City of Milpitas, WCAB Case No. ADJ18132318 PRESENTATION OF THE COLORS and PLEDGE OF ALLEGIANCE
Mayor Montano welcomed Troop 0164 from Christ Community Church of Milpitas to present the colors and lead the Pledge of Allegiance.
The troop presented the colors and led the Pledge of Allegiance.
PUBLIC FORUM
There were the following public speakers:
1. Voltaire Montemayor
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 September 2025.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Approved City Council Meeting minutes of August 12 and 19, 2025.
September 2, 2025 Milpitas City Council Summary Page 2
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
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.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
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.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
5. Consider Opting into Settlement Agreements with Purdue Pharma L.P. and the Sackler Family (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3050; and Christopher Creech, Acting City Attorney, 408-586-3040)
Opted into settlement agreement with manufacturers of opioids, Purdue Pharma L.P. and the Sackler Family, whereby the County of Santa Clara will receive the City’s designated share of settlement funds and directed and authorized the City Manager to execute the settlement agreement and any documents necessary to implement the action.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
6. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Received Mayor Montano's recommendations and approved and confirmed recommendations for appointments to City Commissions.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
7. Adopt Ordinance No. 65.155 for 2025 California Building Codes with Amendments (Staff Contact: Bill Tott, Building Official, 408-586-3263)
Waivee the second reading and adopted Ordinance No.65.155 amending Chapters 3, 3.5, 4, 5, 6,7,10,11,14,16,19, and 150 of Title II of the Milpitas Municipal Code relating to adopting by reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Mechanical Code, 2025 California Electrical Code, 2025 California Plumbing Code, 2025 California Energy Code, 2025 California Green Building Standards Code, 2025 California Wildland Urban Interface Code, 2025 California Existing Building Code, 2025 California Historical Building Code, 2025 Referenced Standards Code, 2024 International Property Maintenance Code, and 2024 International Swimming Pool and Spa Code, with amendments.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
September 2, 2025 Milpitas City Council Summary Page 3
8. Adopt Ordinance No. 113.27, Adopting by Reference the 2025 Edition of the California Fire Code with Certain Local Amendments (Staff Contact: Arthur Belton, Deputy Fire Chief / Fire Marshal, 408-586-3384)
Waived the second reading and adopted Ordinance No. 113.27, adopting by reference the 2025 Edition of the California Fire Code, to be enacted as Chapter 300, Title V of the Milpitas Municipal Code, with certain local amendments.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
9. Waive the Second Reading and Adopt an Ordinance Approving Zoning Text and Zoning Map Amendment ZA25-0001 to Comprehensively Update the Zoning Ordinance (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Item pulled from Consent Calendar.
10. Approve and Authorize the City Manager, or Designee, to Execute a Design Services Agreement with Bennett Engineering for Street Resurfacing Project 2026, CIP No. 4307 (Staff Contact:
Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Approved and authorized the City Manager, or designee, to execute a Design Services Agreement with Bennett Engineering in an amount not to exceed $509,112 for the Street Resurfacing Project 2026, CIP No. 4307.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
11. Adopt a Resolution to Accept the Completed Public Improvements for the Bridge Point Silicon Valley Project, Approve a Reduction of the Faithful Performance Bond for the Project, and Authorize the City Engineer to Release the Remaining Portion of the Bond After the One-Year Warranty Period (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
(1) Adopted Resolution No. 9448 to accept the completed public improvements for the Bridge Point Silicon Valley Project, (2) Approve a reduction in the faithful performance bond to $120,260; and (3) Authorize the City Engineer to release the remaining portion of the bond after the one-year warranty period without further City Council action, provided all required warranty work has been completed to the satisfaction of the City Engineer.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
12. Authorize the City Manager to Execute Purchase Orders with Multiple Vendors for Public Works Related On-Call Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian De Renzo, Public Works Director, 408-586-2602) Authorized the City Manager, or designee, to (1) Negotiate and execute purchase orders with twentyfive (25) vendors for Public Works related on-call maintenance and repair services – including parts, specialty equipment, and materials as required – for a five-year term in a total amount not to exceed $8,335,342, subject to the appropriation of funds; and (2) Adjust the not-to-exceed amounts between vendors in specified services areas as required.
September 2, 2025 Milpitas City Council Summary Page 4
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
13. Authorize the City Manager to Negotiate and Execute an Agreement with One Day Installation & Repair, Inc for Police Department Locker Room Renovation (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Item pulled from Consent Calendar.
14. Adopt a Resolution Authorizing Submittal of a Grant Application to the California Department of Resources Recycling and Recovery for the Rubberized Pavement Grant Program, and Authorize the City Manager, or Designee, to Execute Grant Funding Agreements and Appropriate Award Funds (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
(1) Adopted Resolution No. 9449 authorizing submittal of a grant application to the California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program, and (2) Authorized the City Manager, or designee, to execute grant funding agreement(s) with CalRecycle and appropriate awarded funds into City’s street resurfacing program for five fiscal years.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
15. Consider a Fee Waiver Request from PRAGNYA (Preparing Resources & Alliances Galvanizing Neurodiversity Acculturation) (Staff Contact: Renée Lorentzen, Recreation and Community Services Director, 408-586-3409)
Approved a Fee Waiver of $872 for the PRAGNYA event Dinkchak Dhamaal Dandiya at the Milpitas Senior Center on September 27, 2025.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Vote: 5-0.
LEADERSHIP AND SUPPORT SERVICES
16. Consider Modifying the City Council Code of Conduct Regarding Electronic Device Use at the Dais (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Adopted a revision to Chapter 3 of the City Council Procedures and Protocols Handbook to revise the Code of Conduct language to state, “Use electronic devices appropriately while on the Council dais.” Motion/Second: Councilmember Lam / Vice Mayor Barbadillo Vote: 5-0.
17. Provide Direction on City Council Salaries in Accordance with California Government Code (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Directed staff to return to City Council with an ordinance to update Chapter 14 of Title 1 of the City of Milpitas Municipal Code, which outlines City Council salaries, and selected the variable approach with council members receiving $22,800 per year (or $1,900 per month), the mayor receiving $27,600 per year (or $2,300 per month), including an annual consumer price index increase, with all new salaries to take effect after the 2026 election.
September 2, 2025 Milpitas City Council Summary Page 5
Motion/Second: Councilmember Lam / Vice Mayor Barbadillo Vote: 4-1 (Noes: Lien).
ITEMS PULLED FROM CONSENT CALENDAR
13. Authorize the City Manager to Negotiate and Execute an Agreement with One Day Installation & Repair, Inc for Police Department Locker Room Renovation (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Approved project plans and specifications, award bid, and authorized the City Manager, or designee, to negotiate and execute a Construction Agreement with One Day Installation & Repair, Inc. for Police Department Locker Room Renovation Project in an amount not to exceed $700,000, which includes the base bid of $598,609.25 and a contingency of $101,390.75 for a maximum compensation of $700,000, subject to the appropriation of funds, for a term of 270 days.
Motion/Second: Councilmember Lam / Councilmember Chua
Vote: 5-0.
9. Waive the Second Reading and Adopt an Ordinance Approving Zoning Text and Zoning Map Amendment ZA25-0001 to Comprehensively Update the Zoning Ordinance (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Determined that the Environmental Impact Report (EIR) Addendum adequately analyzes the potential environmental impacts associated with the proposed Zoning Amendments and is in compliance pursuant to CEQA Guidelines §15162 and §15164; and waived the second reading and adopted Ordinance No. 38.858 approving Zoning Text and Zoning Map Amendment No. ZA25-0001 to comprehensively update the Zoning Ordinance and achieve consistency between the Zoning Ordinance and Zoning Map.
Motion/Second: Mayor Montano / Councilmember Chua
Vote: 5-0.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Interim City Manager Santana announced the following upcoming events:
x Community Cars and Coffee with a Cop on September 13; x Police Department community meeting on September 15;
x Community cleanup at Dixon Landing Park on September 6; x Milpitas Fiesta on October 11; and
x Council review of the censure policy at the October 3 priority session.
Councilmember Chua announced a donation of 20 laptops from Persistent Technology, with a donation ceremony scheduled for the following day, and reported on the appointment of Father Andrew Ligot of St.
Elizabeth Church as an auxiliary bishop.
Mayor Montano requested staff to look into concerns regarding increased air traffic over Milpitas. Interim City Manager Santana noted that flight paths are under federal jurisdiction but agreed to review whether working groups exist to address the issue. There was unanimous consensus to move the item forward.
Before adjourning, Mayor Montano acknowledged the passing of former Milpitas City Attorney Michael Mutalipassi, recognizing his service to the city and extending condolences to his family.
Certificate Of Completion
Envelope Id: 24F08EC7-7474-4BDA-A907-A51843465273 Status: Completed Subject: Design Services Agreement: Bennett Engineering Source Envelope:
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455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
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CITY OF MILPITAS
ON CALL QUALIFIED LIST
OF CONSULTANTS
RFP #4307
DATE: May 15, 2025
The City of Milpitas is pleased to announce the establishment of a qualified list of consultants for comprehensive design services related to the City’s Street Resurfacing Program.
Qualified Consultant List: The following consultants have been determined to be the most qualified and are included in the consultant list for a period of five (5) years:
• Bennett Engineering, Inc.
• Sanbell Bay Area
• Kimley-Horn
• Wilsey Ham
• Pavement Engineering, Inc.
The City of Milpitas thanks all consultants for their participation in this procurement process.
Sincerely,
Michael Silveira, City Engineer
Amendment No. 1 Page 1 of 31
Project No.: CP 4307
Project Name: STREET RESURFACING 2027 PROJECT
AMENDMENT NO. 1
TO THE DESIGN SERVICES AGREEMENT BETWEEN CITY OF MILPITAS AND BENNETT ENGINEERING SERVICES, INC.
FOR
STREET RESURFACING 2027 PROJECT NO. 4307
This Amendment is entered into this ___________ by and between the City of Milpitas, a municipal corporation of the State of California (hereafter referred to as "CITY") and Bennett Engineering Services Inc., a California Corporation (hereafter referred to as "CONSULTANT"). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No 1.
RECITALS
WHEREAS, on September 15, 2025, the Parties entered into a “Design Services Agreement” for the design of the Street Resurfacing Project 2026 (the “Agreement”) with a compensation amount not to exceed $509,112 and with a contract period to expire on December 31, 2028; and
WHEREAS, the Parties now desire to amend the Agreement to increase the compensation by $366,458 and to extend the contract term to December 31, 2029 to allow CONSULTANT to provide design services for Street Resurfacing 2027 Project, CIP No. 4307 as described in Exhibit A-1, attached hereto, for a new total amount of $875,570; and
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. Section 3.1.1, entitled “Scope of Services,” is amended to read the following:
“The Services are more particularly described throughout this Agreement, including Exhibit “A” and “A-1” attached hereto and incorporated herein by reference.”
2. Section 3.1.2, entitled “Term,” is amended to read the following:
“The term of this Agreement shall be from August 13, 2025, to December 31, 2029, unless earlier terminated as provided herein. The City reserves the right to review the Designer’s performance at the end of each year and cancel all or part of the Agreement.”
3. Section 3.7.1, entitled “Design Services,” is amended to read the following:
“Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” and “A-1” attached hereto and incorporated herein by reference.”
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4. Section 3.8.1, entitled “Request for Services,” is amended to read the following:
“At the City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” and “A-1” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.”
5. Section 3.9.7, entitled “City’s Representative,” is amended to read the following:
“The City Manager hereby designates Michael Silveira, City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder.”
6. Section 3.10, entitled “Compensation,” is amended to read as follows:
3.10.1 “Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Eight Hundred Seventy-Five Thousand Five Hundred Seventy dollars and zero cents ($875,570.00) (Total Compensation). This total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and “B-1” and incorporated herein by reference.”
3.10.4 “Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and “B-1” and the compensation rates indicated in Exhibit “C” and “C-1” attached hereto and incorporated herein by reference.”
7. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO AMENDMENT NO. 1
TO THE DESIGN SERVICES AGREEMENT BETWEEN CITY OF MILPITAS AND BENNETT ENGINEERING.
FOR
STREET RESURFACING 2027 PROJECT NO. 4307
This Amendment No. 1 is executed as of the date first written above.
CITY OF MILPITAS CONSULTANT
BENNETT ENGINEERING
SERVICES
APPROVED BY:
__________________________________ By:______________________ Willie A. Hopkins, Jr., City Manager Leo Rubio
President/CEO
__________________________________ _____________________ Date Date
APPROVED AS TO FORM:
_______________________________
Christian M. Curtis, City Attorney
APPROVED
________________________________
Luz Cofresí-Howe, Director of Finance/Risk Manager
APPROVED AS TO CONTENT:
_______________________________
Christian Di Renzo, Public Works Director
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EXHIBIT “A-1”
DESIGNER’S SCOPE OF SERVICES
TASK 1- STREET RESURFACING PROJECT 2027
Bennett Engineering to provide contract documents for the Street Resurfacing Project 2027.
ASSUMPTIONS:
• The pavement rehabilitation method employed will remain as an overlay and is therefore exempt from C.3 requirements.
• All improvements will occur in the existing City right-of-way • No drainage system upgrades are planned as part of this project. • Utility relocations are limited to lid and cover adjustments. If deeper dig outs are needed the project may require potholing to confirm the depths of existing utilities.
• The only permit anticipated for construction is the Storm Water Pollution Prevent Plan, which will be obtained by the contractor. No other permits will be acquired.
• The pavement rehabilitation treatments identified in the previously completed preliminary engineering and 30% design efforts will remain applicable for the streets identified in Table 1. The streets identified in Table 2 will utilize fiberized slurry seal and crack seal with dig outs as the anticipated pavement rehabilitation treatment unless modified based on field investigations.
• Comprehensive topographic survey and boundary resolution services are not anticipated for this Project due to the nature of the proposed improvements occurring within existing City right-of-way and the availability of existing design information. Limited supplemental field verification necessary to support final design are included in this scope.
TABLE 1: 30% PLANS & ESTIMATE COMPLETED
STREET START LIMIT END LIMIT
*PRELIMINARY TREATMENT
PER 30% DESIGN AND CITY’S
ASSESSMENT
SANTA RITA AVE. TRAMWAY DR LOS PINOS AVE. *SEE 30% DESIGN SANTA RITA AVE. LOS PINOS AVE. ABERDEEN WAY *SEE 30% DESIGN SANTA RITA AVE. ABERDEEN WAY SHETLAND CT. *SEE 30% DESIGN SANTA RITA AVE. SHETLAND CT. TROON CT. *SEE 30% DESIGN
SANTA RITA AVE. TROON CT. ANGUS *SEE 30% DESIGN
SANTA RITA AVE. ANGUS DR. CLYDE CT. *SEE 30% DESIGN
SANTA RITA AVE. CLYDE CT. PASEO REFUGIO *SEE 30% DESIGN LOS PINOS AVE. SANTA RITA
AVE.
ABERDEEN WAY *SEE 30% DESIGN
LOS PINOS AVE. ABERDEEN WAY DUNDEE AVE. *SEE 30% DESIGN
ABERDEEN WAY SANTA RITA
AVE.
ABERDEEN CT. *SEE 30% DESIGN
ABERDEEN CT. CUL-DE-SAC ABERDEEN WAY *SEE 30% DESIGN
ABERDEEN WAY ABERDEEN CT LOS PINOS AVE. *SEE 30% DESIGN DUNDEE AVE. LOS PINOS AVE. GLASGOW CT. *SEE 30% DESIGN
DUNDEE AVE. GLASGOW CT. SHELLEY CT. *SEE 30% DESIGN
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DUNDEE AVE. SHELLEY CT. ANGUS DR. *SEE 30% DESIGN
DUNDEE AVE. ANGUS DR. LOCH LOMOND CT. *SEE 30% DESIGN
DUNDEE AVE. LOCH LOMOND
CT.
PASEO REFUGIO *SEE 30% DESIGN
GLASGOW CT. CUL-DE-SAC DUNDEE AVE. *SEE 30% DESIGN
SHELLEY CT. CUL-DE-SAC DUNDEE AVE. *SEE 30% DESIGN
ANGUS DR. DUNDEE AVE. ESCUELA PKWY *SEE 30% DESIGN
ANGUS DR. SANTA RITA
AVE.
DUNDEE AVE. *SEE 30% DESIGN
LOCH LOMOND CT. END DUNDEE AVE. *SEE 30% DESIGN
PASEO REFUGIO SANTA RITA
AVE.
DUNDEE AVE. *SEE 30% DESIGN
PASEO REFUGIO HILLVIEW AVE. SANTA RITA AVE. *SEE 30% DESIGN CLYDE CT. SANTA RITA
AVE.
CUL-DE-SAC *SEE 30% DESIGN
TROON CT. SANTA RITA
AVE.
CUL-DE-SAC *SEE 30% DESIGN
SHETLAND CT. SANTA RITA
AVE.
CUL-DE-SAC *SEE 30% DESIGN
ANACAPA CT. HILLVIEW Dr. CUL-DE-SAC *SEE 30% DESIGN
TERRA BELLA DR. HILLVIEW DR. VALENCIA DR. *SEE 30% DESIGN VALENCIA DR. PACHECO DR. TERRA BELLA DR. *SEE 30% DESIGN PACHECO DR. HILLVIEW DR. VALENCIA DR. *SEE 30% DESIGN
PACHECO DR. VALENCIA DR. LAS LOMAS DR. *SEE 30% DESIGN
LAS LOMAS DR. HILLVIEW DR. PACHECO DR. *SEE 30% DESIGN
ALCOSTA DR. HILLVIEW DR. LOS POSITOS DR. *SEE 30% DESIGN LOS POSITOS DR. HILLVIEW DR. ALCOSTA DR. *SEE 30% DESIGN CANADA DR. HILLVIEW DR. TASSASARA DR. *SEE 30% DESIGN
TASSASARA DR. HILLVIEW DR. CANADA DR. *SEE 30% DESIGN
TABLE 2: ADDITIONAL STREETS: 30% PLANS AND ESTIMATE IS NOT NEEDED
STREET START LIMIT END LIMIT PRELIMINARY TREATMENT
CITY’S ASSESSMENT
PARK VIEW DR. N. PARK
VICTORIA DR. PARK HILL DR. FIBERIZED SLURRY AND CRACK SEAL WITH DIG OUTS PARK HILL DR. PARK VIEW DR. AYER ST. FIBERIZED SLURRY AND
CRACK SEAL WITH DIG OUTS
PARK GLEN CT. PARK HILL DR. CUL-DE-SAC FIBERIZED SLURRY AND
CRACK SEAL WITH DIG OUTS
PARK WILLOW CT. PARK HILL DR. CUL-DE-SAC FIBERIZED SLURRY AND
CRACK SEAL WITH DIG OUTS
PARK HEIGHTS DR. N. PARK
VICTORIA DR. PARK HILL DR. FIBERIZED SLURRY AND CRACK SEAL WITH DIG OUTS PARK BROOK CT. PARK HILL DR. CUL-DE-SAC FIBERIZED SLURRY AND
CRACK SEAL WITH DIG OUTS
PARK OAK CT. PARK HILL DR. CUL-DE-SAC FIBERIZED SLURRY AND
CRACK SEAL WITH DIG OUTS
PARK GROVE DR. N. PARK
VICTORIA DR. PARK HILL DR. FIBERIZED SLURRY AND CRACK SEAL WITH DIG OUTS AYER ST. N. PARK
VICTORIA DR. PARK HILL DR. FIBERIZED SLURRY AND CRACK SEAL WITH DIG OUTS BRYCE CT. YOSEMITE DR. CUL-DE-SAC RUBBERIZED CAPE AND
CRACK SEAL WITH DIGOUTS
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ZION CT. YOSEMITE DR. CUL-DE-SAC RUBBERIZED CAPE AND
CRACK SEAL WITH DIGOUTS
YOSEMITE DR. SEQUOIA DR. PIEDMONT RD. RUBBERIZED CAPE AND
CRACK SEAL WITH DIGOUTS
S. PARK VICTORIA DR. E. CALAVERAS
BLVD. YOSEMITE DR. RUBBERIZED CAPE AND CRACK SEAL
S. PARK VICTORIA DR. YELLOWSTONE
AVE. LANDESS AVE. RUBBERIZED CAPE AND CRACK SEAL
FOX HOLLOW CT. N. PARK
VICTORIA DR. CUL-DE-SAC FIBERIZED SLURRY AND CRACK SEAL WITH DIG OUTS CERVANTEZ CT. COUNTRY CLUB
DR. CUL-DE-SAC
FIBERIZED SLURRY TYPE III
AND II (TWO COATS) AND
CRACK SEAL WITH DIG OUTS
CAMARILLO CT. COUNTRY CLUB
DR, CUL-DE-SAC
FIBERIZED SLURRY TYPE III
AND II (TWO COATS) AND
CRACK SEAL WITH DIG OUTS
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TASK 2 - TRAFFIC SIGNAL MODIFICATIONS AND RECTANGULAR RAPID
FLASHING BEACON
Bennett Engineering will provide professional design services for the Traffic Signal Modifications and Rectangular Rapid Flashing Beacon, under Task 2.
The Task 2 aims to upgrade and improve the condition and longevity of the existing traffic signals through a detailed inspection of the hardware in traffic signal cabinet and on the poles at the locations shown below:
.
1. N. Abel Street & Redwood Avenue
2. N. Abel Street & Weller Lane
3. N. Abel Street & Marylinn Drive
4. S. Abel Street & Serra Way
5. S. Main Street & Weller Lane
6. McCarthy Boulevard & Ranch Drive (South side)
7. McCarthy Boulevard & Ranch Drive (North side)
8. McCarthy Boulevard & Alder Drive
9. Bellew Drive & Cypress Drive
10. Jacklin Rd & Hetch-Hetchy Trail Ped Crossing
11. N. Milpitas Boulevard & Beresford Street
12. S. Milpitas Boulevard & Turquoise Street
13. S. Park Victoria Drive & Edsel Drive
14. N. Park Victoria Drive & Jacklin Road
15. Great Mall Parkway & Center Point Drive
Additionally, Task 2 includes modification of the existing and installation of a new Rectangular Rapid Flashing Beacon (RRFB) system at the following locations:
1. N. Milpitas Blvd. and Tramway Drive (new RRFB)
2. N. Milpitas Blvd and City Hall (existing RRFB)
ASSUMPTIONS:
• All improvements will occur in the existing City right-of-way • If deeper dig outs are needed the project may require potholing to confirm the depths of existing utilities.
• Comprehensive topographic survey and boundary resolution services are not anticipated for this Project due to the nature of the proposed improvements occurring within existing City right-of-way and the availability of existing design information. Limited supplemental field verification necessary to support final design are included in this scope.
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EXHIBIT “B-1”
FEE AND PHASING/FUNDING SCHEDULES
1. FEE SCHEDULE.
Designer will invoice City on a monthly cycle based on the following fee schedule. Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation. Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.
See attached Fee Schedule on next page.
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EXHIBIT “C-1”
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1. HOURLY COMPENSATION RATES.
2. REMURSABLE EXPENSES
Not Applicable.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Joseph J. Albanese, Inc., Approve Agreements with H.T. Harvey & Associates, and Baseline Environmental Consulting, and Approve Amendment to the Agreement with Artik Art & Architecture for the S. Milpitas Boulevard Road Extension, CIP No. 2016 (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: 6/16/2026
Recommendation: Adopt a resolution to: (1) Approve the project plans and specifications; (2) Accept the bid withdrawal request from A&B Construction Inc.; (3) Award the construction contract to Joseph J. Albanese, Inc., the lowest responsible bidder submitting a responsive bid, in the amount of $5,730,000; (4) Authorize the City Manager, or designee, to execute the construction contract with Joseph J. Albanese, Inc.; (5) Establish a construction contingency of $1,146,000 and authorize the Public Works Director to negotiate and execute contract change order(s) in an amount not-to-exceed $1,146,000; (6) Approve and authorize the City Manager, or designee, to execute a Professional Services Agreement with H.T. Harvey & Associates in an amount not-to-exceed $111,498; (7) Approve and authorize the City Manager, or designee, to execute a Professional Services Agreement with Baseline Environmental Consulting in an amount not-toexceed $197,617; and (8) Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Design Services Agreement with Artik Art & Architecture in an amount not-to-exceed $72,400 for S. Milpitas Boulevard Road Extension, CIP No. 2016.
BACKGROUND:
In June 2008, the City Council adopted the Transit Area Specific Plan (TASP) to support the Milpitas Transit Center, including Bay Area Rapid Transit, Valley Transportation Authority light rail and bus services; and adopted the Milpitas Metro Specific Plan (MMSP), an update to the TASP, in February 2023. The TASP/MMSP was developed to accommodate substantial new development, minimize traffic impacts on local roadways, and reduce urban sprawl, which transformed the industrial area into a high-density mixed-use, transit-oriented district. To support the anticipated growth in residents and workforce within the district, the TASP/MMSP developed a Basic Infrastructure Program (BIP) to meet the infrastructure needs related to community, parks, transportation, and utility facilities, and associated land acquisition. To ensure new development in the TASP pays its fair share of public improvement costs, the City enacted the Transit Area Development Impact Fee (TADIF) in 2008.
The South Milpitas Boulevard (SMB) road extension from Montague Expressway connecting to the Sango Court road extension in the Tango Subdistrict was identified in the BIP as item DB#9 to improve vehicular, bicycle, and pedestrian connectivity between parks, schools, Milpitas BART Station, The Great Mall, and surrounding residential neighborhoods. The majority of the SMB extension was completed up to E. Penitencia Channel (Creek) by the VTA BART and Anton Multi-Family Residential Development (730/750 Capitol Expressway) projects. The City purchased 1831-1841 Tarob Court (Tarob Property) in 2020 and a portion of Assessor's Parcel Number 086-37-018 from the Santa Clara Valley Water District (Valley Water) in 2025 to complete the remaining portion of the SMB extension.
The South Milpitas Boulevard Road Extension Project, CIP No. 2016 (Project), is included in the adopted FY 2027-2031 Capital Improvement Program and provides for the design and construction of the remaining portion of the road extension between the Creek and Sango Court road extension, including the bridge
crossing over the Creek. The estimated cost of the Project is $15.7 million, of which $12.7 million will be funded by TADIF and the remainder by a $3 million Community Project earmark through passage of the Federal FY2022 Omnibus Bill (Federal Earmark). On September 12, 2025, Caltrans obligated the Federal Earmark and authorized the City to proceed with the bid phase for construction of the Project, which must be completed by September 30, 2030.
The Project is subject to the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), and other regulatory requirements. The City retained David J. Power & Associates (DJPA) with sub-consultant, HT Harvey & Associates, to complete the environmental review and assist with securing regulatory permits from the California Department of Fish and Wildlife (CDFW), U.S. Army Corps of Engineers (USACE), and the Regional Water Quality Control Board (RWQCB). With the work completed by DJPA and HT Harvey, the City Council adopted an Initial Study/Mitigated Negative Declaration on May 21, 2024, in compliance with CEQA; Caltrans subsequently determined the Project is a Categorical Exclusion under 23 CFR 771.117(c) in accordance with NEPA on June 4, 2025; and staff secured permits from all regulatory agencies for the Project.
As part of the permit requirements from the CDFW, USACE, and RWQCB, H.T. Harvey prepared a Mitigation and Monitoring Plan (MMP) that outlines measures to mitigate potential impacts to biological resources and water quality during and after construction. The construction of the Project will result in temporary and permanent impacts on jurisdictional waters and habitats due to construction activities such as dewatering, shading by the bridge onto the habitat of the Creek, and removal of trees. Temporary impacts will be mitigated through on-site restoration; however, due to limited on-site mitigation space, permanent impacts will be mitigated off-site through riparian planting along the shoreline of the pond at Hidden Lake Park, which is within the Penitencia Creek watershed. In accordance with the approved MMP and permit requirements, the on-site and off-site mitigation areas must be monitored for a minimum of three and five years, respectively. The City must retain a qualified biologist/ecologist to provide monitoring services as required by the permits.
Prior to the City’s acquisition of Tarob Property, an environmental soil analysis found elevated concentrations of volatile organic compounds in the soil and groundwater as a result of the property operating as a circuit board manufacturing facility. As a condition of the purchase, RWQCB required the property owner to conduct soil remediation, prepare a post-remediation Risk Management Plan (RMP), and record a Land Use Covenant and Deed Restriction requiring compliance with the RMP. The RMP establishes requirements and protocols for soil and groundwater management, air monitoring, dust control, and health and safety during all construction, grading, and excavation activities. It also requires the City to retain a qualified environmental professional to oversee these activities and perform compliance activities such as agency notification, field screening, sampling, documentation, and regulatory reporting procedures.
On July 17, 2023, the City Council approved a Design Services Agreement with Bill Gould Architectural Corporation, doing business as Artik Art & Architecture (Artik), in the amount of $336,495 for the prototype development, design, and preparation of construction documents for the bridge’s architectural enhancement features. Given the specialty and complex nature of the aesthetic design, it is essential Artik remain involved to provide construction support and quality assurance, ensuring the work is executed in accordance with the Contract Documents. This service was not included in the original contract; thus, an amendment is required.
ANALYSIS:
Construction Contract Award:
The Project was advertised on the City’s eProcurement system, OpenGov Procurement, and digital construction trade publications on April 3, 2026, and on the Milpitas Post on April 3 and 10, 2026, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act and Milpitas Municipal Code Section I-2-3.08 – Formal Bid Procedures. The Project was also posted at Milpitas City Hall, Sports Center, and Senior Center per City Council direction and Government Code section 36933. The bid opening was held on May 12, 2026, and five (5) sealed bids were received with base prices ranging from $4,715,870 to $6,275,000. The Council’s agenda packet includes detailed information about the Project’s Plan and Specifications (Attachment B); and the Engineer’s Construction Estimate and the Bid Results for the Project’s base bid and alternative bid items (Attachment C).
The Summary of Bid Results is as follows:
Bidder Location Base Bid Bid Alternate No. 1
Engineer’s Estimate $5,515,000.00 $150,000.00
A&B Construction Inc. Oakland, CA $4,715,870.00 $160,000 Joseph J. Albanese, Inc. Santa Clara, CA $5,530,000.00 $200,000 Ghilotti Construction Santa Rosa, CA $5,965,955.07 $180,000 Goodfellow Bros. Livermore, CA $6,180,000.00 $450,000
Graniterock Watsonville, CA $6,275,000.00 $190,000
The bid pricing received varies between 14.5% below to 13.8% over the Engineer’s Construction Estimate. The variation is likely due to various factors, including, but not limited to, the construction market is experiencing an expansion of public works projects while the private sector appears to be contracting, timing of the bid posting, contractor’s work schedule, an increase in competition amongst contractors, contractors self-performing work instead of using subcontractors, the economic scale of the Project, and/or cost of materials and labor.
Staff reviewed the bid proposal submitted by A&B Construction, Inc. (A&B), the apparent lowest bidder, and found their bid proposal to be responsive. The Notice of Intent to Award Contract (Attachment D) to A&B was posted on May 13, 2026, in OpenGov Procurement. However, shortly after it was posted, A&B submitted a request to withdraw their bid, pursuant to California Public Contract Code (PCC) Section 5103 (Attachment E).
A&B stated that a computational error in their bid documents resulted from a malfunction within their estimating spreadsheet related to Bid Items Nos. 12, 13, and 14, which made their bid materially different than they intended to submit. Staff reviewed supporting documents (Attachment F), including estimate spreadsheets and material supplier quotes, and determined that the error resulted from a computational or clerical error in nature rather than in bidding judgment, carelessness in reviewing the project site, or failure to examine the plans and specifications properly. In consultation with the City Attorney’s Office and pursuant to PCC Section 5101, the City consented to relieve A&B of the bid due to a computational or clerical error in nature (Attachment G).
Staff reviewed the bid proposal submitted by Joseph J. Albanese, Inc., the second lowest bidder, and found their bid proposal to be responsive. The Notice of Intent to Award Contract (Attachment H) to Joseph J.
Albanese, Inc. was posted on OpenGov Procurement on May 19, 2026, and no bid protests were filed with the City. Staff recommends awarding the construction contract for the base bid amount of $5,530,000, plus alternate bid item no. 1 in the amount of $200,000, for a total amount of $5,730,000.00 to Joseph J. Albanese, 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 consultant’s best efforts to capture all relevant information in the construction drawings, significant challenges may arise during demolition of the building, grading operation, and bridge construction due to unforeseen site conditions, environmental and hazardous material discoveries, evolving agency reporting requirements, and the presence of biological or archaeological resources. As a result, additional coordination, analysis, permitting, or design modifications may be required during construction. The construction contingency for the Project, established to address any unforeseen conditions that arise during construction, is $1,146,000, 20% of the total contract value. Staff recommend a 20% contingency, above the typical 10-15% range, given that the Project may encounter unforeseen conditions related to environmental preservation and hazardous materials that cannot be fully captured or qualified in design. As previously approved for the successful completion of recent projects with tight schedules, staff are requesting the same change order policy used for previous projects (Attachment I). This policy allows for the 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.
Environmental Mitigation and Monitoring Services:
In compliance with RWQCB, USACE, and CDFW permit requirements, the City must retain a qualified biologist/ecologist to support the implementation of the MMP, including, but not limited to, reviewing construction and planting plans, preparing a biological as-built report, and annual post-construction monitoring and reporting. Pursuant to the City Municipal Code Section I-2-3.13 – Contracting for Consultant, staff
determined retaining H.T. Harvey & Associates would be in the City's best interest as they prepared the MMP and possess extensive familiarity with the Project; and a bidding process is not likely to result in a lower price to the City or eliminate unnecessary expense or delay. Staff recommends City Council approve a Professional Services Agreement with H.T. Harvey & Associates in an amount not-to-exceed $111,498 for mitigation and monitoring support services for the Project (Attachment J). The scope of work is more particularly described in the Design Services Agreement – Exhibit A.
Environmental Risk Management Plan Implementation:
The City must retain a qualified environmental professional to oversee all construction activities according to the RMP. In accordance with City Municipal Code I-2-3.13 – Contracting for Consultant, a Request for Proposals (RFP 25-291) was released on March 5, 2026, to seek a qualified environmental professional with expertise in providing environmental oversight services, including, but not limited to, project administration, technical reporting, field oversight, laboratory analysis, and coordination with regulatory agencies.
The RFP 25-291 was publicly posted on the City’s eProcurement system, OpenGov Procurement, in accordance with the City Municipal Code I-2-3.09 - Request for Proposals Procedure. Upon release, 62 firms downloaded the RFP documents. Three (3) consultants submitted proposals by the published closing date of April 3, 2026, and were added to the City’s On-Call Environmental Services list posted on OpenGov. The RFP was evaluated and scored according to the criteria outlined in the solicitation. The following table summarizes the rating of each proposer.
Vendor
Cover
Letter
(5%)
Company
Profile
(30%)
Execution
Plan
(30%)
Personnel
Assigned
(20%)
References
(5%)
Proposed
Compensation
(10%)
Total Score
Weighted
Average
Baseline
Environmental
Consulting
10 8.67 9.33 8.67 10 10 91.33
Envirocom 9 8.33 5.33 9.33 9.33 6 74.81
Farallon
Consulting 10 9 5.33 6 8 8 72
Following the initial scoring, the two highest-ranked firms were invited to participate in an oral interview to discuss their proposal, provide clarifications, and answer questions. Baseline Environmental Consulting (“Baseline”) was determined to be the best value proposer in accordance with the RFP evaluation criteria. Staff recommends City Council approve the Professional Services Agreement with Baseline in an amount not-toexceed $197,617 for environmental monitoring and oversight for the Project (Attachment K). The scope of work is more particularly described in the Professional Services Agreement – Exhibit A.
Architectural Enhancement Construction Support Services:
As the bridge’s architectural enhancement feature is a customized design, it is necessary that Artik provide construction support to ensure the feature is constructed according to the Contract Documents. Staff recommends the City Council approve Amendment No. 1 to the Design Services Agreement with Artik to provide construction support services (Attachment L). The scope of work is described further in the Amendment – Exhibit A. Staff has negotiated a scope and fee for Amendment No. 1 in a not-to-exceed amount of $72,400, which will increase the compensation of the agreement from $336,495 to $408,895, and extend the contract term to December 31, 2028.
PROJECT SCHEDULE/KEY MILESTONES:
Upon City Council adoption of the Resolution (Attachment A), construction is anticipated to start in August and be completed by Fall 2027.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve the Project’s plans and specifications and award the construction contract to Joseph J. Albanese, Inc.
Pros: None.
Cons: Staffing resources will need to be reallocated to re-advertise the Project, resulting in a minimum 12- month delay, which will cause the City to miss this construction season. As the RWQCB, USACE, and CDFW permits prohibit construction between October and June in the Creek, the Project could also miss the construction season in 2027 due to staff availability. In addition, the City could be at risk of losing the Federal Earmark as the Funding Agreement allows up to six months of project inactivity.
Reason for Not Recommending: A denial would delay the start of the construction of the Metro Tango Subdistrict Park, which is planned for 2028 and is to be completed in 2029. The construction schedule for the Park is contingent upon completion of the Project.
Alternative 2: Do not approve the Professional Services Agreement with H.T. Harvey & Associates.
Pros: None.
Cons: The City would not comply with the MMP monitoring and reporting requirements as required by the RWQCB.
Reason for Not Recommending: The City would be in violation of the RWQCB section 401 permit and could be at risk of losing the Federal Earmark.
Alternative 3: Do not approve the Professional Services Agreement with Baseline.
Pros: None.
Cons: The City would not comply with the RMP monitoring and reporting requirements set by the RWQCB.
Reason for Not Recommending: The City would be in violation of the Land Use Covenant and Deed Restriction and RWQCB requirements and be liable for any public health hazard caused by the construction activity.
Alternative 4: Do not approve Amendment No. 1 with Artik.
Pros: None.
Cons: Lack of construction support for the aesthetic enhancement feature would prevent the design from reaching its full architectural potential.
Reason for Not Recommending: The City does not have the specialty resource to ensure the architectural enhancement feature is built to maintain project quality standards.
FISCAL IMPACT:
As of June 2, 2026, the available funding for the Project is $10,250,000, which is funded by TADIF (TASP Impact Fee) and the federal earmark. There is sufficient funding available to award the construction contract and approve the Amendment and Professional Service Agreements with the aforementioned contractor/consultants.
Base Bid $ 5,530,000
Alternate Bid No. 1 $ 200,000
20% Construction Contingency $ 1,146,000
HT Harvey Professional Service Agreement $111,498
Baseline Professional Service Agreement $197,617
Artik Amendment No.1 $72,400
Total $ 7,257,515
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The City of Milpitas, as the Lead Agency, prepared an Initial Study/Mitigated Negative Declaration (IS/MND), a Mitigation Monitoring and Reporting Program (MMRP), and the Notice of Determination for the SMB Project pursuant to the California Environmental Quality Act (CEQA) requirement. On May 21, 2024, the City Council adopted the IS/MND in its entirety for the Project.
There are no substantial changes to the project, the project's circumstances, or new information that could not have been known at the time of the City's prior environmental determination, and/or any changes or circumstances do not present new significant environmental effects or a substantial increase in the severity of previously identified significant environmental effects requiring further environmental study and review. The City's prior environmental determinations adequately support the City's current action; accordingly, no further CEQA review is required pursuant to Pub. Res. Code § 21166 and CEQA Guidelines § 15162(a).
As part of the Federal Earmark requirements, extensive environmental studies were conducted in accordance with NEPA guidelines. Caltrans certified that it has fulfilled its responsibility to make the determination pursuant to 23 USC 326 and the Memorandum of Understanding dated April 18, 2022, executed between FHWA and Caltrans. Caltrans has determined that the project qualifies as a Categorical exclusion under 23 CFR 771.117(c).
ATTACHMENT(S):
(a) Resolution
(b) Project Plan and Specifications
(c) Bid Results Summary
(d) Notice of Intent to Award to A&B
(e) Letter of Bid Withdrawal from A&B
(f) Supporting Documents from A&B
(g) City Consent Letter to Bid Withdrawal Request
(h) Notice of Intent to Award to Joseph J. Albanese, Inc. (i) Construction Change Order Policy
(j) Professional Services Agreement with H.T. Harvey and Associates (k) Professional Services Agreement with Baseline Environmental Consulting (l) Amendment No. 1 to the Agreement with Artik Art & Architecture
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE PROJECT PLANS AND SPECIFICATIONS; ACCEPTING THE BID WITHDRAWAL REQUEST FROM A&B CONSTRUCTION INC.; AWARDING THE CONSTRUCTION CONTRACT TO JOSEPH J. ALBANESE, INC., THE LOWEST
RESPONSIBLE BIDDER SUBMITTING A RESPONSIVE BID, IN THE AMOUNT OF $5,730,000; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE CONSTRUCTION CONTRACT WITH JOSEPH J. ALBANESE, INC.; ESTABLISHING A CONSTRUCTION CONTINGENCY OF $1,146,000 AND
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN AMOUNT NOT-TO-EXCEED $1,146,000;
APPROVING AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH H.T. HARVEY & ASSOCIATES IN AN AMOUNT NOT-TO-EXCEED $111,498; APPROVING AND
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
PROFESSIONAL SERVICE AGREEMENT WITH BASELINE ENVIRONMENTAL CONSULTING IN AN AMOUNT NOT-TO-EXCEED $197,617; AND APPROVING AND
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE DESIGN SERVICES AGREEMENT WITH ARTIK ART & ARCHITECTURE IN AN AMOUNT NOT-TO-EXCEED $72,400 FOR S. MILPITAS BOULEVARD ROAD EXTENSION, CIP NO. 2016
WHEREAS, in June 2008, the City Council adopted the Transit Area Specific Plan (TASP) to support the Milpitas Transit Center, including Bay Area Rapid Transit, Valley Transportation Authority light rail and bus services; and adopted the Milpitas Metro Specific Plan (MMSP), an update to the TASP, in February 2023. To support the anticipated growth in residents and workforce within the district, the TASP/MMSP developed a Basic Infrastructure Program (BIP) to meet the infrastructure needs related to community, parks, transportation, and utility facilities, and associated land acquisition; and
WHEREAS, South Milpitas Boulevard road extension was identified in the BIP as item DB#9 from Montague Expressway to connect to the Sango Court road extension in the Tango Subdistrict to improve vehicular, bicycle, and pedestrian connectivity between parks, schools, Milpitas BART Station, The Great Mall, and surrounding residential neighborhoods; and
WHEREAS, the South Milpitas Boulevard Road Extension Project, CIP No. 2016 (“Project”) is included in the adopted FY 2027-2031 Capital Improvement Program to provide the design and construction of the remaining portion of the road extension between Penitencia Creek and Sango Court road extension including the bridge crossing over the creek; and
WHEREAS, on July 17, 2023, the City Council approved a Design Services Agreement with Bill Gould Architectural Corporation, doing business as Artik Art & Architecture, in the amount of $336,495 for the prototype development, design, and preparation of construction documents for the bridge’s architectural enhancement features of the Project; and
WHEREAS, the City Council adopted an Initial Study/Mitigated Negative Declaration on May 21, 2024, in compliance with CEQA and Caltrans subsequently determined the Project is a Categorical Exclusion under 23 CFR 771.117(c) in accordance with NEPA on June 4, 2025; and WHEREAS, on September 12, 2025, Caltrans obligated the $3 million Community Project earmark through passage of the Federal FY2022 Omnibus Bill and authorized the City to proceed with the bid phase for construction of the Project, which must be completed by September 30, 2030; and
2 Resolution No. XXXX
WHEREAS, the Project was advertised on the City’s eProcurement system, OpenGov Procurement, and digital construction trade publications on April 3, 2026, and on the Milpitas Post on April 3 and 10, 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 $5,515,000 and Bid Alternate No. 1 is $150,000; and
WHEREAS, on May 12, 2026, 5 sealed bid proposals were received and the base bid pricing ranged from $4,715,870 to $6,275,000; and
WHEREAS, the lowest responsible bidder submitting a responsive bid is A&B Construction, Inc. in the amount of $4,715,870; and
WHEREAS, on May 13, 2026, the Notice of Intent to Award Contract to A&B Construction, Inc. was posted on OpenGov Procurement; and
WHEREAS, on May 13, 2026, A&B Construction, Inc. submitted a request to withdraw their bid in pursuant to California Public Contract Code (PCC) Section 5103 due to a computational error that made their bid materially different than the contractor intended to submit; and WHEREAS, in consultation with the City Attorney’s Office and pursuant to PCC Section 5101, the City consented to relieve A&B Construction, Inc. of the bid due to a computational or clerical error in nature and not in bidding judgment, carelessness in reviewing the project site, or failure to examine the plans and specifications properly; and
WHEREAS, staff reviewed the bid proposal submitted by Joseph J. Albanese, Inc., the second lowest bidder, and found their bid proposal to be responsive; and WHEREAS, the Notice of Intent to Award Contract to Joseph J. Albanese, Inc. was posted on OpenGov Procurement on May 19, 2026 and no bid protest was filed with the City within seven (7) days of the notice of intent to award as set forth in the Milpitas Municipal Code I-2-3.19 – Protest Procedure; and WHEREAS, staff recommends the City Council award a construction contract to Joseph J. Albanese, Inc., the lowest responsible bidder submitting a responsive bid, for the Project, and authorize the City Manager, or designee, to execute a contract for the Base Bid and Alternative Bid No. 1 in the amount of $5,730,000 in accordance with the State law; and
WHEREAS, sufficient funding is available in the Project budget to award the contract to Joseph J.
Albanese, Inc., in the amount of $5,730,000, and no additional funding appropriation is required; 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 $1,146,000, twenty percent (20%) of the total contract value, for the Project’s timely completion and staff’s capability to respond swiftly to unanticipated construction conditions to limit potential claims or risk to the City; and
WHEREAS, staff recommend the City Council approve the project plans and specifications; and WHEREAS, staff recommend City Council approve and authorize the City Manager, or designee, to execute a Professional Services Agreement with H.T. Harvey & Associates in an amount not to exceed $111,498 to support the implementation of the Mitigation and Monitoring Plan for the Project in accordance with City Municipal Code I-2-3.13 – Contracting for Consultant; and
3 Resolution No. XXXX
WHEREAS, staff recommend City Council approve and authorize the City Manager, or designee, to execute a Professional Services Agreement with Baseline Environmental Consulting in an amount not to exceed $197,617 for environmental monitoring and oversight according to Risk Management Plan for the Project in accordance with City Municipal Code I-2-3.13 – Contracting for Consultant; and WHEREAS, staff recommends City Council approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Design Services Agreement with Bill Gould Architectural Corporation, doing business as Artik Art & Architecture in an amount not to exceed $72,400 for construction support services of the Project; and
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby approves the project plans and specifications.
3. The City Council hereby accepts the A&B Construction, Inc. request to withdraw their bid due to a computational or clerical error in nature pursuant to California Public Contract Code Section 5101.
4. 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, Joseph J. Albanese, Inc., in the amount of $5,730,000.00 for the Project. The City Manager, or their designee, is authorized to execute a contract with Joseph J.
Albanese, Inc., not to exceed this amount and take all necessary actions to effectuate this award.
5. The Public Works Director is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not-to-exceed $1,146,000.
6. The City Council hereby approve and authorize the City Manager, or designee, to execute the Professional Service Agreement with H.T. Harvey & Associates in an amount not-to-exceed $111,498.
7. The City Council hereby approve and authorize the City Manager, or designee, to execute a Professional Service Agreement with Baseline Environmental Consulting in an amount not-toexceed $197,617.
8. The City Council hereby approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Design Services Agreement with Bill Gould Architectural Corporation, doing business as Artik Art & Architecture in amount not-to-exceed $72,400.
PASSED AND ADOPTED this 16th day of June, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
4 Resolution No. XXXX
ATTEST: APPROVED:
_____________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Christian M. Curtis, City Attorney
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TABLE OF CONTENTS
Page
-i00 11 16 – NOTICE INVITING BIDS
VOLUME I
00 11 16 – NOTICE INVITING BIDS......................................................................................... 1 00 21 13 – INSTRUCTIONS TO BIDDERS............................................................................... 4 00 41 43 – BID FORMS ...........................................................................................................13 00 52 13 – CONTRACT ...........................................................................................................42 00 61 13 – BOND FORMS.......................................................................................................47 00 72 13 – GENERAL CONDITIONS.......................................................................................59 00 73 13 – SPECIAL CONDITIONS.......................................................................................116 01 00 00 – GENERAL REQUIREMENTS...............................................................................120 01 20 00 – MEASUREMENT AND PAYMENT.......................................................................154 TECHNICAL SPECIFICATIONS.................................................................................................
VOLUME II
APPENDIX “A” FEDERAL-AID CONSTRUCTION CONTRACT LANGUAGE (CALTRANS 12-G).............................................................................................
APPENDIX “B” FEDERAL-AID CONSTRUCTION CONTRACT PROVISION (FHWA1273)..................................................................................................................
APPENDIX “C” CITY STANDARD FORMS.................................................................................
APPENDIX “D” FOUNDATION EXPLORATION 2017, ENGEO..................................................
APPENDIX “E” GEOTECHNICAL REPORT 2024, ENGEO........................................................
APPENDIX “F” COVENANT AND ENVIRONMENTAL RESTRICTION ON PROPERTY ............
APPENDIX “G” RISK MANAGEMENT PLAN..............................................................................
APPENDIX “H” CLEAN WATER ACT SECTION 401 WATER QUALITY
CERTIFICATION AND ORDER ...........................................................................
APPENDIX “I” CALIFORNIA DEPARTMENT OF FISH & WILDLIFE NOTIFICATION OF LAKE OR STREAMBED ALTERATION ................................................................
APPENDIX “J” SECTION 404 NATIONWIDE PERMIT ...............................................................
APPENDIX “K” SOIL AND GROUNDWATER MANAGEMENT PLAN.........................................
APPENDIX “L” NATIONAL ENVIRONMENTAL PROTECTION AGENCY
CATEGORICAL EXCLUSION (MITIGATION REQUIREMENTS) ........................
APPENDIX “M” SANTA CLARA VALLEY WATER DISTRICT ENCROACHMENT PERMIT...............................................................................................................
APPENDIX “N” ASBESTOS, LEAD, AND PCB SURVEY REPORT………………………………..
APPENDIX “O” MITIGATION MONITORING AND REPORTING PROGRAM…………………… APPENDIX “P” FEDERAL PREVAILING WAGE RATES……………………….……………………
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00 11 16 – NOTICE INVITING BIDS
00 11 16 – NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City Council of the City of Milpitas (“City”) invites and will receive sealed Bids up to but not later than 2:00 p.m. on Tuesday, May 5, 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 SOUTH MILPITAS BLVD ROAD EXTENSION PROJECT, PROJECT NO. 2016 (the “Project”). At said time, Bids will be publicly opened and read aloud at the City Office. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 120 calendar days after the Bid opening date.
Bids must be submitted on the City’s Bid Forms in person. No bid shall be accepted through OpenGov Procurement. Bidders may obtain a copy of the Contract Documents from OpenGov Procurement (https://procurement.opengov.com/portal/milpitas-ca). To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.
It is the responsibility of each prospective bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on OpenGov Procurement. It is the responsibility of each prospective bidder to check OpenGov Procurement on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on OpenGov Procurement may change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by OpenGov Procurement.
Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable 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 16, 2026 at 2:00 p.m. and on Tuesday, April 21, 2026 at 2:00 p.m. to review the project's existing conditions at 1841 Tarob Court, Milpitas, California 95035 parking lot. 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.
The deadline for submitting questions related to this bid is Thursday, April 24, 2026 at 4:00 p.m.
Contact Reshad Osman, Assistant Engineer for questions submittal. Addenda with answers to questions received by the specified time will be posted following the close of questions.
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The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.
Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the contract.
Pursuant to Labor Code Section 1773 and Davis-Bacon Act, City has obtained the federal prevailing rate of per diem wages and the federal 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 the federal prevailing wage rates may be obtained via the internet at: SAM.gov, and is also included in Appendix P.
In addition, a copy of the prevailing rate of per diem wages is available at the City’s Public Works Department – Engineering Division and shall be made available to interested parties upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance 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: Class A from the Contractor’s State License Board. The Engineer’s Estimate for the project base bid item is between $5,500,000 and $6,500,000.
Substitution requests shall be made within 35 calendar days after the award of the contract.
Pursuant to Public Contract Code Section 3400(b), the City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those
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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.
The project is subjected to Buy America requirements. Bidders shall refer to Section 8 of Appendix A – Federal Aid Contract Language.
For further information, contact Reshad Osman, Assistant Engineer, at City of Milpitas City Hall, 455 E. Calaveras Bouelvard, Milpitas, CA 95035, or email at [email protected], or call at (408) 609-1824.
END OF NOTICE INVITING BIDS
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00 21 13 – INSTRUCTIONS TO BIDDERS
00 21 13 – INSTRUCTIONS TO BIDDERS
1. SECURING DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents may be obtained from https://procurement.opengov.com/portal/milpitas-ca 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 https://procurement.opengov.com/portal/milpitas-ca. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.
2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract and no relief for error or omission will be given except as required under State law.
The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.
Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to appropriately manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ and any amendment or renewal thereof, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. By submitting a Bid, each Bidder acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
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00 21 13 – INSTRUCTIONS TO BIDDERS
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 Reshad Osman, Assistant Engineer, at City of Milpitas City Hall, 455 E. Calaveras Bouelvard, Milpitas, CA 95035 or (408) 609-1824 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 (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.
9. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104.
The successful bidder will be required to self-perform at least 25% of the work.
10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.
Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.
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11. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of Milpitas; or (c) a Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of Milpitas as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the City provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder, or may call for new bids. No interest shall be paid on funds deposited with the City. City will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract.
12. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
The form of such Iran Contracting Certificate is included with the bid package and must be signed and dated under penalty of perjury.
13. NONCOLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of noncollusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury.
14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.
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15. WAGE THEFT CERTIFICATION
Bidders on public works contracts are required to submit a certification disclosing whether the Bidder or any of its proposed subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline.
16. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract.
17. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City the following certificate prior to performing the work under this Contract:
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
The form of such Workers' Compensation Certificate is included as part of this document.
18. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.
19. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed
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envelope, addressed and delivered or mailed, postage prepaid, to the City Clerk before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof:
Bid of (Bidder’s Name)
for the South Milpitas Blvd Road Extension Project, Project No. 2016 Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery.
20. OPENING OF BIDS
At the time and place set for the opening and reading of bids, or any time thereafter, each and every bid received prior to the time and day set for the receipt of bids will be publicly opened and read. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.
The public reading of each bid will include the following information:
A. The name and business location of the bidder.
B. The nature and amount of the bid security furnished by bidder.
C. The bid amount.
Bidders or their representatives and other interested persons may be present at the opening of the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids.
The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.
21. WITHDRAWAL OF BID
Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein.
Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City.
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22. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders. No person, firm, corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.
23. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
24. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).
25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
26. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.
27. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted
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to City within ten (10) working days from the date the City provides the successful bidder with the Notice of Award.
28. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.
29. FILING OF BID PROTESTS
Consistent with Section I-2-3.19 of the Milpitas Municipal Code, Bidders may file a “protest” of a Bid with the City of Milpitas Purchasing Agent. In order for a Bidder’s protest to be considered valid, the protest must:
A. Be filed in writing no later than seven (7) calendar days after the posting of the intent to award;
B. Clearly identify the specific irregularity or accusation; C. Specify in detail the grounds for protest and the facts supporting the protest; D. Include all relevant, supporting documentation with the protest at time of filing; E. Set forth the proposed remedy requested.
If the protest does not comply with each of these requirements, the City may reject the protest without further review.
If the protest is timely and complies with the above requirements, the Purchasing Agent shall review the protest, any response from the challenged Bidder(s), and all other relevant information.
The Purchasing Agent will provide a written response to the protestor. The Purchasing Agent's decision on a bid protest for a procurement in an amount no more than Fifty Thousand Dollars ($50,000) shall be final. For procurements having a value of more than Fifty Thousand Dollars ($50,000), the City Council will consider the protest and take action thereupon, which action shall be final.
The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.
30. BASIS OF AWARD; BALANCED BID
The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.
The lowest Bid will be determined on the basis of the Total Base Bid alone unless otherwise set forth in the Notice Inviting Bids.
The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may
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01reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.
31. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have fourteen (14) calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty-one (21) calendar days from the date of the Notice of Award.
Once the City receives all of the properly drafted and executed documents, certifications from the Bidder, and any other documents as maybe specified in the Contract Documents, the City shall issue a Notice to Proceed to that Bidder.
32. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.
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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:
SOUTH MILPITAS BLVD ROAD EXTENSION PROJECT, PROJECT NO. 2016 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. Equal Employment Opportunity Certification
4. Debarment and Suspension Certification
5. Non-lobbying Certification for Federal-aid Contracts
6. Noncollusion Declaration form.
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7. Iran Contracting Act Certification form.
8. Public Works Contractor Registration Certification form.
9. Attached is the completed Wage Theft Certification form.
10. Contractor’s Certificate Regarding Workers’ Compensation form.
11. Bid Guarantee in the amount of not less than 10% of the Total Bid Price.
F If awarded a contract, the undersigned hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within fourteen (14) days after the City provides the successful bidder with the Notice of Award.
G Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.
H Bidder is an individual ______, or corporation ______, or partnership ______, organized under the laws of the State of _______________________________.
I Bidder represents and confirms that license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):
If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.
(SIGNATURES CONTINUED ON NEXT PAGE)
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J The undersigned that the representations made herein herein are true and correct and all of the information submitted in connection with this Bid are made under penalty of perjury under the laws of the State of California.
Executed at _________________________, on this ____ day of __________, _____. (Corporate Seal)
(Bidder’s Name – Print or Type)
(Name and Title)
(Signature)
Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below:
Name Title
Complete Address
Phone Fax
Name Title
Complete Address
Phone Fax
Name Title
Complete Address
Phone Fax
Name Title
Complete Address
Phone Fax
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1.2 BID SCHEDULE
NO. ITEM DESCRIPTION
EST.
QTY.
UNIT OF
MEASURE
UNIT
PRICE
TOTAL ITEM
PRICE
1 Mobilization/Demobilization (5% max) 1 LS
2 SWPPP/ Erosion Control 1 LS
3 Traffic Control 1 LS
4 Control of Water 1 LS
5 Building Demolition 1 LS
6 Selective Demolition 1 LS
7 Bridge Foundation 1 LS
8 Bridge Structural Concrete & Steel 1 LS
9 Earthwork (cut/fill) 1 LS
10 Site Concrete 1 LS
11 Asphalt Pavement 1 LS
12 Storm Drain Improvement 1 LS
13 Water Improvement 1 LS
14 Recycle Water Improvement 1 LS
15 Chain Link Fence & Gate 1 LS
16 Signage & Striping 1 LS
17 Street Lighting and Electrical
Improvements 1 LS
18 Installation of Aesthetic
Enhancement, Steel 1 LS
19 Installation of Aesthetic
Enhancement, Glass & Glazing 1 LS
20 Installation of Aesthetic
Enhancement, Electrical & Lighting 1 LS
21 Painting of Aesthetic Enhancement 1 LS
22 Restoration of Vegetation 1 LS
TOTAL BASE BID PRICE
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Bidders must provide pricing for every bid item. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.
In case of discrepancy between the Unit Price and the Total Item Price set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Price” column, then the amount set forth in the “Item Price” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.
If the Contract Documents specify Alternate Bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above (please check the appropriate box), in the City’s sole discretion. The City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).
ALTERNATE
BIDS DESCRIPTION EST. QTY. UNIT UNITPRICE
TOTAL ITEM
PRICE
#1
Hidden Lake Park
Mitigation
Improvements
1 LS
TOTAL ALTERNATIVE BID 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-half of one percent (0.5%) of the Bidder’s Total Bid Price.
Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.
As stated in the Instructions to Bidders, Bidder is required to complete at least 25% of the contract value with its own forces. Bidder shall indicate the value of each subcontractor’s work and the sum may not exceed the allowable amount.
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 Equal Employment Opportunity Certification
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not ____, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. ______________________________________________________________
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PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___, has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note:The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. ______________________________________________________________ PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes ___ No ___
If the answer is yes, explain the circumstances in the following space.
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PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
______________________________________________________________
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1.5 Debarment and Suspension Certification
TITLE 2, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof also constitutes signature of this Certification.
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1.6 Non-lobbying Certification for Federal-aid Contracts The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.ll(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, "Disclosure of Lobbying Activities," in conformance with its instructions.llThis certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
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[DISCLOSURE OF LOBBYING ACTIVITIES FORM]
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1.7 Bidder Information and Experience Form
A. INFORMATION ABOUT BIDDER
NOTE: Indicate not applicable (“N/A”) where appropriate. If Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.
1.0 Name of Bidder:
2.0 Type, if Entity:
3.0 Bidder Address:
Facsimile Number Telephone Number
Email Address
4.0 How many years has Bidder’s organization been in business as a Contractor?
5.0 How many years has Bidder’s organization been in business under its present name?
5.1. Under what other or former names has Bidder’s organization operated?
6.0 If Bidder’s organization is a corporation, answer the following:
6.1. Date of Incorporation:
6.2. State of Incorporation:
6.3. President’s Name:
6.4. Vice-President’s Name(s):
6.5. Secretary’s Name:
6.6. Treasurer’s Name:
7.0 If an individual or a partnership, answer the following:
7.1. Date of Organization:
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7.2. Name and address of all partners (state whether general or limited partnership):
8.0 If other than a corporation or partnership, describe organization and name principals:
9.0 List other states in which Bidder’s organization is legally qualified to do business.
10.0 What type of work does the Bidder normally perform with its own forces?
11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
13.0 List Trade References:
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14.0 List Bank References (Bank and Branch Address):
15.0 Name of Bonding Company and Name and Address of Agent:
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B. LIST OF CURRENT PROJECTS (BACKLOG)
Project Name, &
Owner Contact
Information
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
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C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
Project Name, &
Owner Contact
Information
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
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C1. LIST OF COMPLETED PROJECTS ASSOCIATED WITH AESTHETIC ENHANCEMENT WORK (SEE SECTION 12 00 00 – AESTHETIC ENHANCEMENT
ASSEMBLIES)
Fabricator and Installer of Aesthetic Enhancement Assemblies shall be an experienced fabricator of custom architectural metalwork having completed a minimum of two projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requires of authorities having jurisdiction.
Project Name, &
Owner Contact
Information
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
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D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.
1. List each person’s job title, name and percent of time to be allocated to this project:
2. Summarize each person’s specialized education:
3. List each person’s years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
Additional Bidder’s Statements:
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
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E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder
Signature
Name
Title
Date
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1.8 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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1.9 Iran Contracting Act Certification.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
☐ The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ☐ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ☐ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
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1.10 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/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Bidder:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Bidder
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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1.11 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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1.12 Contractor’s Certificate Regarding Workers’ Compensation.
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name
Title
Dated ______________________________
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1.13 Bid Bond
Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies bid.
The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the City of Milpitas, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated _____________, 20 ____, for the South Milpitas Blvd Road Extension Project, Project No. 2016.
If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.
In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.
(Corporate Seal)
Contractor/Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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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 “City,” and _______________________________________________, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
SOUTH MILPITAS BLVD ROAD EXTENSION PROJECT, PROJECT NO. 2016 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 480 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES.In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Equal Employment Opportunity Certification
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Debarment and Suspension Certification
Non-lobbying Certification for Federal-aid Contracts
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 Appendix A through Appendix P
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
i. WAGE THEFT PREVENTION.
(a) Contractor, and any subcontractor it employs to complete work under this Contract, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
(b) BY SIGNING THIS CONTRACT, CONTRACTOR AFFIRMS THAT IT HAS
DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO
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EXECUTING THIS CONTRACT THAT CONTRACTOR OR ITS SUBCONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER
AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH
JUDGMENT, DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS
NOT BEEN FULLY SATISFIED, CONTRACTOR AFFIRMS THAT IT OR ITS
SUBCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT, DECISION OR
ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE APPLICABLE
COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS SUBCONTRACTOR(S)
ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS CONTRACT.
(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: _____________________________
Date
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
APPROVED AS TO FORM:
By: _________________________________
Christopher Creech
Acting City Attorney
APPROVED:
By: ___________________________________
Luz Cofresí-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
00 61 13 – BOND FORMS
1.1 Performance Bond.
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Milpitas, (hereinafter referred to as “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for ____________________________________, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
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Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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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 (hereinafter designated as the “City”), by action taken or a resolution passed _______________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
__________________________________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that
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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.......................................................................................59 ARTICLE 1 DEFINED TERMS.............................................................................................59 ARTICLE 2 CONTRACT DOCUMENTS..............................................................................63 ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION ................64 ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE................................64 ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK ..............................................................................................................64 ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE............................................65 ARTICLE 7 SOILS INVESTIGATIONS ................................................................................66 ARTICLE 8 CONTRACTOR’S SUPERVISION ....................................................................66 ARTICLE 9 WORKERS .......................................................................................................66 ARTICLE 10 INDEPENDENT CONTRACTORS....................................................................67 ARTICLE 11 SUBCONTRACTS ............................................................................................67 ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY ............................................67 ARTICLE 13 REQUESTS FOR SUBSTITUTION...................................................................67 ARTICLE 14 SHOP DRAWINGS...........................................................................................69 ARTICLE 15 SUBMITTALS ...................................................................................................69 ARTICLE 16 MATERIALS .....................................................................................................69 ARTICLE 17 PERMITS AND LICENSES...............................................................................70 ARTICLE 18 TRENCHES......................................................................................................71 ARTICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS .....................................72 ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS ......................................................72 ARTICLE 21 SANITARY FACILITIES....................................................................................72 ARTICLE 22 AIR POLLUTION CONTROL ............................................................................72 ARTICLE 23 LAYOUT AND FIELD ENGINEERING ..............................................................73 ARTICLE 24 TESTS AND INSPECTIONS.............................................................................73 ARTICLE 25 PROTECTION OF WORK AND PROPERTY....................................................74 ARTICLE 26 CONTRACTOR’S MEANS AND METHODS.....................................................74 ARTICLE 27 AUTHORIZED REPRESENTATIVES ...............................................................74 ARTICLE 28 HOURS OF WORK...........................................................................................74 ARTICLE 29 PAYROLL RECORDS ......................................................................................75 ARTICLE 30 PREVAILING RATES OF WAGES ...................................................................77
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TABLE OF CONTENTS
ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION .........................................77 ARTICLE 32 EMPLOYMENT OF APPRENTICES.................................................................78 ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ...................78 ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS .....................79 ARTICLE 35 LABOR/EMPLOYMENT SAFETY.....................................................................79 ARTICLE 36 INSURANCE.....................................................................................................79 ARTICLE 37 FORM AND PROOF OF CARRIAGE OF INSURANCE ....................................83 ARTICLE 38 TIME FOR COMPLETION AND LIQUIDATED DAMAGES...............................84 ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES .....................................................................................................85 ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT......................................................86 ARTICLE 41 SECURITIES FOR MONEY WITHHELD...........................................................87 ARTICLE 42 CHANGES AND EXTRA WORK.......................................................................88 ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT..........................................................101 ARTICLE 44 OCCUPANCY.................................................................................................102 ARTICLE 45 INDEMNIFICATION........................................................................................102 ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES ................................................103 ARTICLE 47 CITY’S RIGHT TO TERMINATE CONTRACT ................................................103 ARTICLE 48 WARRANTY AND GUARANTEE OF WORK..................................................109 ARTICLE 49 DOCUMENT RETENTION & EXAMINATION.................................................112 ARTICLE 50 SEPARATE CONTRACTS..............................................................................112 ARTICLE 51 NOTICE AND SERVICE THEREOF ...............................................................112 ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS..............................................................113 ARTICLE 53 STATE LICENSE BOARD NOTICE................................................................113 ARTICLE 54 INTEGRATION ...............................................................................................113 ARTICLE 55 ASSIGNMENT OF CONTRACT......................................................................113 ARTICLE 56 CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY....113 ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS.....................................................113 ARTICLE 58 PROHIBITED INTERESTS.............................................................................114 ARTICLE 59 CONTROLLING LAW .....................................................................................114 ARTICLE 60 JURISDICTION; VENUE.................................................................................114 ARTICLE 61 LAWS AND REGULATIONS...........................................................................114
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ARTICLE 62 PATENTS .......................................................................................................114 ARTICLE 63 OWNERSHIP OF CONTRACT DOCUMENTS ...............................................115 ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST .......................................115 ARTICLE 65 SURVIVAL OF OBLIGATIONS .......................................................................115
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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 -- New or unforeseen work will be classified as “Additional Work” when the City’s Representative determines that it is not covered by the Contract.
D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.
E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.
F. Bidder -- The individual or entity who submits a Bid directly to the City.
G. Caltrans Standard Specifications - Standard Specifications of the State of California, Department of Transportation, [INSERT EDITION]. Any reference therein to a State agency or officer shall be interpreted as if the corresponding City office or agent acting under this contract were so specified.
H. Caltrans Standard Plans - Standard plans of the State of California, Department of Transportation, [INSERT EDITION]. All metric measurements or quantities in the Caltrans Standard Plans shall be disregarded, and equivalent United States measures used.
I. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.
J. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).
K. City -- The City of Milpitas.
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L. City Council, Council -- The City Council of the City.
M. City’s Representative -- The individual or entity as identified in the Special Conditions to act as the City’s Representative.
N. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.
O. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.
P. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.
Q. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.
R. Contract Times -- The number of days or the dates stated in the Contract Documents to: achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment.
S. Contractor -- The individual or entity with which the City has contracted for performance of the Work.
T. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On-Site Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed without prior written consent of the City.
U. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties.
V. Day -- A calendar day of 24 hours measured from midnight to the next midnight.
W. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.
X. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.
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Y. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.
Z. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.
AA. Engineer, whenever not qualified, shall mean the City Engineer or its designee, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the City Council, shall be binding and final upon both parties.
BB. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the City.
CC. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II, or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.
DD. Holiday – The Holidays are defined as legal Federal, State, and City holidays including:
New Year’s Day - January 1
Martin Luther King Jr.'s Birthday – Third Monday in January President’s Day – Third Monday in February
Cesar Chavez’s Day – March 31
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.
EE. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.
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FF. Notice of Completion -- The form which may be executed by the City and recorded by the county where the Project is located constituting final acceptance of the Project.
GG. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.
HH. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.
II. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.
JJ. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.
KK. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.
LL. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.
MM. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.
NN. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.
OO. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.
PP. Successful Bidder -- The Bidder submitting a responsive Bid to whom the City makes an award.
QQ. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.
RR. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid 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. Contractor’s Bid Forms
11. City Standard Specifications
12. City Standard Drawings
13. Caltrans Standard Specifrications, except Division 1
14. Caltrans Standard Plans
15. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings
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C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply.
D. Organization of Contract Documents.Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade.
ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Before any Work at the site is started, a conference attended by the City, Contractor, City’s Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.
At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.
ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site.
ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
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C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.
D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.
ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE
A. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans.
B. Unless indicated otherwise on the Plans and Specifications, no excavations were made to verify the locations shown for underground utilities. The service connections to these utilities may not be not shown on the Plans. Any connections shown on the Plans are general locations. It shall be the responsibility of the 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 upon the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. Contractor shall make its own interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” Contractor may not rely upon or make any claim against the City, City’s Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or
2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.
ARTICLE 8 CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor.Contractor shall continuously provide efficient supervision of the Project.
ARTICLE 9 WORKERS
A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.
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ARTICLE 10 INDEPENDENT CONTRACTORS
Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of City and are not entitled to benefits of any kind normally provided employees of City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.
ARTICLE 11 SUBCONTRACTS
A. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.
B. The City reserves the right to accept all subcontractors. The City’s acceptance of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.
ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.
ARTICLE 13 REQUESTS FOR SUBSTITUTION
A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.
B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.
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C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.
D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than 15 (15) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.
E. Substantiating data as described above shall include, at a minimum, the following information:
1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.
2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.
3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.
4. Information detailing the durability and lifecycle costs of the proposed substitution.
F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.
G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein.
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H. The Contractor shall bear the costs of all City work associated with the review of substitution requests.
I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.
ARTICLE 14 SHOP DRAWINGS
A. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in its own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop drawings, calculations, schedules, and materials list, and all other provisions required by the Contract Documents. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal.
B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written acceptance. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.
ARTICLE 15 SUBMITTALS
A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents.
The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.
C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.
ARTICLE 16 MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all
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other 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 liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Form, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications.Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.
G. The City shall provide compensation for actual quantities of materials installed in accordance with the Contract Documents and at the price set forth in the Contractor’s bid and/or executed change order. The City is not obligated to pay for materials stored on/off site but not yet installed in accordance with the Contract Documents.
ARTICLE 17 PERMITS AND LICENSES
A. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including encroachment permits, and shall pay all fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of public health and safety. Before acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.Any construction permits required by City for performing any work on this project will be issued by City at no charge to Contractor. Contractor and all subcontractors shall maintain a City business license at all times they are performing the Work.
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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 “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.
B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or other excavations that extend deeper than four feet below the surface, Contractor shall promptly, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
1. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents.
In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.
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ARTICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances, and provide the City Engineer with detailed records and quantities of the materials that were sent to recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.
ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.
ARTICLE 21 SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor.
ARTICLE 22 AIR POLLUTION CONTROL
Contractor shall comply with all air pollution and dust control rules, regulations, ordinances and statutes, including, but not limited to, those required by the Air Quality Management District. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall comply with the CARB’s regulation regarding the use of off-road diesel fueled fleets, sections 2449, 2449.1, and 2449.2 of Title 13 of the California Code of Regulations. Contractor shall provide the City with a Certificate of Reported Compliance for all applicable vehicles used by Contractor or any subcontractor with diesel-fueled or alternative diesel fueled off-road compression-ignition engines with a maximum power of 25 horsepower or greater provided the vehicles cannot be registered and driven safely on-road or were not designed to be driven onPage 507 of 1482 38077.00180\29080232.10
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road, even if they have been modified so that they can be driven safely on road. Noncompliant fleets are prohibited from being used on the Project. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, it subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
ARTICLE 23 LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense.
ARTICLE 24 TESTS AND INSPECTIONS
A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.
Required certificates of inspection (or similar) shall be secured by Contractor.
Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.
B. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.
C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.
E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.
F. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.
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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 Work shall be solely at the Contractor’s risk.
Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor.
ARTICLE 26 CONTRACTOR’S MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.
ARTICLE 27 AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector shall not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.Contractor shall provide safe and proper facilities for such access.
ARTICLE 28 HOURS OF WORK
A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided.
Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and onehalf times the basic rate of pay.
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B. The Contractor and every subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.
C. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. Contractor shall also timely notify the City when work will be perfomed outside regular working hours or on weekends or holidays.
E. City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Inspection before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two days’ notice for review and approval. Upon written request and approval the
8.5 hour working day may be changed to other limits subject to city/county ordinance.
F. Refer to the most current version of the City of Milpitas Noise Abatement Ordinance, Ord. 196.6 of the Municipal Code Section V-213. It shall be unlawful for any person to engage or permit to engage in construction of any building or related road or walkway, pool, or landscape improvement or in the construction operations related thereto including to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 7:00 p.m., Monday through Sunday, unless otherwise approved by the City:
1. Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools
ARTICLE 29 PAYROLL RECORDS; LABOR COMPLIANCE
A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor
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shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.
B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
C. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
D. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.
E. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated.
G. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is
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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. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
B. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all