Agenda packet — Hughson City Council, April 22, 2024

City Council Agenda April 22, 2024
1 AMERICANS WITH DISABILITIES ACT/CALIFORNIA BROWN ACT

NOTIFICATION FOR THE CITY OF HUGHSON
This Agenda shall be made available upon request in alternative formats to persons with a disability as required by the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) and the Ralph M. Brown Act (California Government Code Section 54954.2).

Disabled or Special needs Accommodation: In compliance with the Americans with Disabilities Act, persons requesting a disability related modification or accommodation in order to participate in the meeting and/or if you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (209) 883-4054. Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring that reasonable accommodations are made to provide accessibility to the meeting.

City of Hughson

CITY COUNCIL MEETING
Hughson City Hall – 7018 Pine Street Hughson, California MONDAY, APRIL 22, 2024 – 6:00 P.M.

CALL TO ORDER: Mayor George Carr
ROLL CALL: Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Samuel Rush
Councilmember Julie Ann Strain
Councilmember Alan McFadon
AGENDA

HUGHSON CITY COUNCIL
How to participate in, or observe the Meeting:
• In person in the City Council Chambers and submit public comment when invited during the meeting. • Observe only via YouTube live, by accessing this link:
https://www.youtube.com/channel/UC-PwkdIrKoMmOJDzBSodu6A?view_as=subscriber If a technical issue arises with any streaming option, the City Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. • In addition, recorded City Council meetings are posted on the City’s website the second business day following the meeting. Recorded videos can be accessed with the following link:

Upcoming Meetings | Hughson CA
City Council Agenda April 22, 2024
2 FLAG SALUTE: Mayor George Carr
INVOCATION: Hughson Ministerial Association

1. PUBLIC BUSINESS FROM THE FLOOR (No Action Can Be Taken):

Please limit presentations to five minutes. If you wish to speak regarding an item on the agenda, you may be asked to defer your remarks until the Council addresses the matter. Pursuant to California Government Code Section 54954.2(a)(3), no action or discussion may be undertaken on any item not appearing on the posted agenda, except that the City Council, or its staff, may briefly respond to comments or questions from members of the public, provide a reference to staff or other resources for factual information, or direct staff to place the issue on a future agenda.

2. PRESENTATIONS:

2.1: Proclaim the Month of May as Building Safety Month.

2.2: Proclaim May 5-11, 2024, as the 55th Annual Professional Municipal Clerks Week.

3. CONSENT CALENDAR:

All items listed on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an audience member, or individual Councilmember for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

3.1: Approval of the Minutes of the Regular Meeting of April 8, 2024.

3.2: Approval of the Warrants Register.

3.3: Adoption of Resolution No. 2024-11, Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 5, 2024, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and Requesting Consolidation of the Election with Stanislaus County.

3.4: Adoption of Resolution No. 2024-12, Performing the Biennial Review of the City of Hughson’s Conflict of Interest Code.

3.5: Adoption of Resolution No. 2024-13, Supporting the Approval of the Fiscal Year 2024- 2025 Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Annual Action Plan (AAP).

4. UNFINISHED BUSINESS: NONE.

5. PUBLIC HEARING: NONE.

6. NEW BUSINESS:

6.1: Authorize City Staff to Release Bid Documents for the Well 8 TCP Mitigation Project.

City Council Agenda April 22, 2024
3 7. CORRESPONDENCE: NONE.

8. COMMENTS:

A brief report on notable attendance of a meeting, or conference, or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council during this time.

8.1: Staff Reports and Comments:

City Manager
City Clerk
Director of Finance
Community Development Director
Police Services
City Attorney

8.2: Council Comments:

9. CLOSED SESSION:

9.1: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Souza et al. v.

CalPERS; Court of Appeal Case No. C099861

10. ADJOURNMENT:

The next City Council meeting is scheduled for May 13, 2024, at 6:00 pm.

In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at Hughson City Hall during normal business hours. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on the agenda.

Notice Regarding Non-English Speakers:

Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Hughson City Council shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language.

AFFIDAVIT OF POSTING
Date: April 19, 2024 Time: 9:00 AM
Name: Ashton Gose Title: City Clerk
City Council Agenda April 22, 2024
4 UPCOMING EVENTS:

April 27-28  Hughson Fruit and Nut Festival, Downtown Hughson May 4  Hughson has Heart, Senior Community Center, 7:00AM May 11  Household Hazardous Waste Event, City Hall Parking Lot, 8:00AM May 11  Hughson Volunteer Fire Department Chicken BBQ, Hughson Fire Station, 4:00PM
May 13  City/School/Fire Joint 2+2 Committee Meeting, HUSD Office, 4:30PM May 13  City Council Meeting, City Council Chambers, 6:00PM May 14  Parks, Recreation and Entertainment Commission Meeting, City Council Chambers, 6:00PM
May 21  Planning Commission Meeting, City Council Chambers, 6:00PM May 27  Memorial Day – City Hall Closed
May 28  Special City Council Meeting, City Council Chambers, 6:00PM Proclamation CITY OF HUGHSON

Building Safety Month
May 2024
WHEREAS, our jurisdiction is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings, and infrastructure play, both in everyday life and when disasters strike, and; WHEREAS, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians – building safety and fire prevention officials, architects, engineers, builders, design professionals, laborers, and others in the construction industry – who work year-round to ensure the safe construction of buildings, and;
WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown protectors of public safety – our local code officials – who assure us of safe, sustainable and affordable buildings that are essential to our prosperity, and; WHEREAS, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property.

NOW, THEREFORE BE IT PROCLAIMED that the Hughson City Council, do recognize the month of May 2024, as Building Safety Month, and further extend appreciation to our Building Safety Professionals, and to all Building Safety Professionals.
______________________________

GEORGE CARR

MAYOR OF THE CITY OF HUGHSON
April 22, 2024
Proclamation CITY OF HUGHSON

55th Annual Professional Municipal Clerks Week
May 5 - 11, 2024
WHEREAS, The Office of the Professional Municipal Clerk, a time honored and vital part of local government exists throughout the world, and
WHEREAS, The Office of the Professional Municipal Clerk is the oldest among public servants, and WHEREAS, The Office of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, The Professional Municipal Clerk serves as the information center on functions of local government and community.

WHEREAS, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations.

WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk.

NOW, THEREFORE BE IT PROCLAIMED that the Hughson City Council, do recognize the week of May 5 through 11, 2024, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerk, and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.
______________________________

GEORGE CARR

MAYOR OF THE CITY OF HUGHSON
April 22, 2024
Meeting Date: April 22, 2024
Subject: Approval of the City Council Minutes
Presented By: Ashton Gose, City Clerk
______________________________________________________________________ Staff Recommendation:

Approve the Minutes of the regular Meeting of April 8, 2024.

CITY COUNCIL AGENDA ITEM NO. 3.1
SECTION 3: CONSENT CALENDAR
City Council Minutes April 8, 2024
1 MINUTES
City of Hughson

REGULAR CITY COUNCIL MEETING
Hughson City Hall – 7018 Pine Street
Hughson, California
MONDAY, APRIL 8, 2024 – 6:00 P.M.

CALL TO ORDER: Mayor Pro Tem Randy Crooker
ROLL CALL:

Present: Mayor Pro Tem Randy Crooker
Councilmember Julie Ann Strain
Councilmember Alan McFadon
Councilmember Samuel Rush

Absent: Mayor George Carr
Staff Present: Ashton Gose, City Clerk
Tom Terpstra, Deputy City Attorney
Carla Jauregui, Community Development Director
Kim Weimer, Director of Finance and Admin Services
Jose Vasquez, Public Works Superintendent
Sarah Chavarin, Accounting Manager
Danielle Perez, Accounting Technician
Andraya Plascencia, Customer Service Clerk
________________________________________________________________

1. PUBLIC BUSINESS FROM THE FLOOR (No Action Taken):

Hughson resident Mohamed Rashid introduced himself to the City Council.

HUGHSON CITY COUNCIL
City Council Minutes April 8, 2024
2 Marie Alvarado-Gil Senior District Representative Narinder Bahia provided a legislative update for the City Council.

2. PRESENTATIONS:

2.1: Proclaim April 21-27, 2024, as Administrative Professionals Week.

No reportable action.

3. CONSENT CALENDAR:

3.1: Approval of the Minutes of the Regular Meeting of March 25, 2024.

3.2: Approval of the Warrants Register.

CROOKER/STRAIN 4-0-0-1 motion passes to approve the Consent Calendar as presented, with the following roll call vote:

CROOKER RUSH STRAIN McFADON CARR

AYE AYE AYE AYE ABSENT

4. UNFINISHED BUSINESS: NONE.

5. PUBLIC HEARING: NONE.

6. NEW BUSINESS:

6.1: Adopt Ordinance No. 2024-01, an Urgency Ordinance of the City of Hughson Imposing a Moratorium on All New Smoking Lounges and Smoke Shops Within the City of Hughson.

Deputy City Attorney Terpstra presented the staff report on this item.

Mayor Pro Tem Crooker opened public comment at 6:13pm. There was no public comment.

Mayor Pro Tem Crooker closed public comment at 6:13pm.

STRAIN/McFADON 4-0-0-1 motion passes to adopt Ordinance No. 2024-01, an Urgency Ordinance of the City of Hughson Imposing a Moratorium on All New Smoking Lounges and Smoke Shops Within the City of Hughson, with the following roll call vote:

CROOKER RUSH STRAIN McFADON CARR

AYE AYE AYE AYE ABSENT
City Council Minutes April 8, 2024
3 6.2: Adopt Resolution No. 2024-10, Approving a Professional Services Agreement with Willdan Financial Services for the Development of a Comprehensive User Fee Study, Cost Allocation Plan, and Development Impact Fee Study.

Director Weimer presented the staff report on this item.

Mayor Pro Tem Crooker opened public comment at 6:18pm. There was no public comment.

Mayor Pro Tem Crooker closed public comment at 6:18pm.

McFADON/STRAIN 4-0-0-1 motion passes to adopt Resolution No. 2024-10, Approving a Professional Services Agreement with Willdan Financial Services for the Development of a Comprehensive User Fee Study, Cost Allocation Plan, and Development Impact Fee Study, and authorize the City Manager to execute an agreement with Willdan Financial Services inclusive of any final edits by the City Attorney, with the following roll call vote:

CROOKER RUSH STRAIN McFADON CARR

AYE AYE AYE AYE ABSENT

7. CORRESPONDENCE:

7.1: Annual Air Toxics Report for 2023.

No reportable action.

8. COMMENTS:

8.1: Staff Reports and/or Comments:

City Clerk Gose provided a reminder regarding two upcoming Hughson has Heart planning meetings, and the Hughson has Heart event.

Director Jauregui informed the City Council that a draft Housing Element has been prepared, that a shade structure installation is complete at Euclid Park, and that utilities staff had been diligently working on deferred utility maintenance.

8.2: Council Member Comments:

Councilmember McFadon attended the Hughson Youth Baseball and Softball Opening Day Ceremony on March 30, 2024.

Councilmember Strain thanked staff for their continued hard work.

Mayor Pro Tem Crooker attended a Stanislaus County Economic Development Action Committee meeting on March 27, 2024. He attended the Hughson Youth Baseball and Softball City Council Minutes April 8, 2024
4 Opening Day Ceremony on March 30, 2024. He thanked Hughson Police Services for their continued hard work.

9. CLOSED SESSION TO DISCUSS THE FOLLOWING: NONE.

10. ADJOURNMENT:

Motion passes to adjourn the April 8, 2024, regular meeting at 6:33PM, with the following roll call vote:

CROOKER RUSH STRAIN McFADON CARR

AYE AYE AYE AYE ABSENT
APPROVED:
___________________
GEORGE CARR, Mayor
ATTEST:
______________________
ASHTON GOSE, City Clerk
Meeting Date: April 22, 2024
Subject: Approval of Warrants Register
Presented By: Kim Weimer, Director of Finance
Staff Recommendation:

Approve the Warrants Register as presented.

Background and Overview:

The warrants register presented to the City Council is a listing of all expenditures paid from April 4, 2024, through April 15, 2024.

Fiscal Impact:

There are reductions in various funds for payment of expenses.

CITY COUNCIL AGENDA ITEM NO. 3.2
SECTION 3: CONSENT CALENDAR
4/15/2024 6:50:53 PM Page 1 of 6
Check Report
Hughson By Check Number
Date Range: 04/04/2024 - 04/15/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Bank Code: Payable Bank-Payable Bank
01257 1ST SECURITY & SOUND INC 04/04/2024 Regular 0.00 149.85 57893 0236516 Invoice 04/01/2024 MONITORING 0.00 149.85
00016 ABS PRESORT 04/04/2024 Regular 0.00 1,681.86 57894 135114 Invoice 03/11/2024 BILL PRINTING- FEB 0.00 1,681.86 00032 AFLAC 04/04/2024 Regular 0.00 322.45 57895
277277 Invoice 04/01/2024 AFLAC 0.00 322.45
01603 Amazon Capital Services, Inc. 04/04/2024 Regular 0.00 96.74 57896 11NQ-MH9R-M3… Invoice 04/03/2024 camera brackets 0.00 96.74 00109 BADGER METER, INC 04/04/2024 Regular 0.00 2,338.49 57897 80151111 Invoice 04/02/2024 badger january service 0.00 4.68 80151747 Invoice 04/02/2024 February services 0.00 2,333.81 00123 BAY ALARM CO 04/04/2024 Regular 0.00 450.00 57898 21278679 Invoice 04/03/2024 monitoring fire fee 0.00 450.00 01817 Black Castle Construction 04/04/2024 Regular 0.00 4,230.00 57899 INV-0867 Invoice 04/03/2024 toilet rentals Frebuary (christian church) 0.00 4,230.00 00183 C.H. WILLIAMS & SONS INC. 04/04/2024 Regular 0.00 140.00 57900 171385 Invoice 04/02/2024 gas cylinder rentals 0.00 140.00 00210 California Building Standards Commission 04/04/2024 Regular 0.00 344.70 57901 INV0010956 Invoice 04/01/2024 Green Building Fee's 1st QTR 2024 0.00 344.70 00258 CENTRAL SANITARY SUPPLY 04/04/2024 Regular 0.00 2,177.92 57902 8715670 Invoice 04/02/2024 cleaning supplies 0.00 2,177.92 00288 CHOICE LIGHTING SUPPLY 04/04/2024 Regular 0.00 123.79 57903 351589 Invoice 03/15/2024 supplies - building (blanket PO) 0.00 123.79 00310 CLARK'S PEST CONTROL 04/04/2024 Regular 0.00 219.00 57904 35132575 Invoice 04/02/2024 PEST CONTROL 0.00 137.00
35133336 Invoice 04/02/2024 PEST CONTROL 0.00 82.00
01538 Colonial Life 04/04/2024 Regular 0.00 298.75 57905 54059070301605 Invoice 03/01/2024 Colonial Life 0.00 298.75 00406 Department of Conservation 04/04/2024 Regular 0.00 1,010.33 57906 INV0010955 Invoice 04/01/2024 SMIP fees collected due to state 1st QTR 2… 0.00 1,010.33 01948 Ernest Beltran 04/04/2024 Regular 0.00 464.00 57907 INV0010954 Invoice 04/02/2024 Damge Deposit - Beltran 0.00 464.00 00462 EWING IRRIGATION PRODUCTS 04/04/2024 Regular 0.00 880.32 57908 012472638 Invoice 03/20/2024 landscape parts/supplies (blanket PO) 0.00 410.51 21748718 Invoice 03/15/2024 landscape parts/supplies (blanket PO) 0.00 265.56 21748775 Invoice 03/15/2024 landscape parts/supplies (blanket PO) 0.00 204.25 00464 EZ NETWORK SYSTEMS, INC. 04/04/2024 Regular 0.00 7,530.85 57909 43945 Invoice 04/01/2024 IT SERVICES 0.00 600.00
43954 Invoice 04/02/2024 IT SERVICES 0.00 1,195.45
TS43898 Invoice 04/01/2024 IT SERVICES 0.00 5,735.40
00522 GEOANALYTICAL LABORATORIE 04/04/2024 Regular 0.00 6,378.80 57910 Check Report Date Range: 04/04/2024 - 04/15/2024
4/15/2024 6:50:53 PM Page 2 of 6
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount J3K2804 Invoice 04/02/2024 water blanket Geoanalytical 0.00 212.00 J3L0507 Invoice 04/02/2024 WW Blanket Geoanalytical 0.00 65.00 K4A0212 Invoice 04/02/2024 WW Blanket Geoanalytical 0.00 65.00 K4A0213 Invoice 04/02/2024 water blanket Geoanalytical 0.00 1,182.00 K4A1605 Invoice 04/02/2024 water blanket Geoanalytical 0.00 167.00 K4A2304 Invoice 04/02/2024 WW Blanket Geoanalytical 0.00 65.00 K4A2305 Invoice 04/02/2024 water blanket Geoanalytical 0.00 220.00 K4A3006 Invoice 04/02/2024 water blanket Geoanalytical 0.00 254.40 K4A3007 Invoice 04/02/2024 WW Blanket Geoanalytical 0.00 65.00 K4B0600 Invoice 04/02/2024 water blanket Geoanalytical 0.00 110.00 K4B2909 Invoice 04/02/2024 water blanket Geoanalytical 0.00 118.00 K4C0413 Invoice 04/02/2024 water blanket Geoanalytical 0.00 1,332.00 K4C0414 Invoice 04/02/2024 WW Blanket Geoanalytical 0.00 219.00 K4C0523 Invoice 04/02/2024 WW Blanket Geoanalytical 0.00 65.00 K4C0524 Invoice 04/02/2024 water blanket Geoanalytical 0.00 541.00 K4C0619 Invoice 04/02/2024 water blanket Geoanalytical 0.00 284.00 K4C0711 Invoice 04/02/2024 water blanket Geoanalytical 0.00 191.00 K4C1815 Invoice 04/02/2024 WW Blanket Geoanalytical 0.00 249.00 K4C1916 Invoice 04/02/2024 water blanket Geoanalytical 0.00 292.80 K4C1917 Invoice 04/02/2024 water blanket Geoanalytical 0.00 273.00 K4C2039 Invoice 04/02/2024 water blanket Geoanalytical 0.00 408.60 00528 GILTON SOLID WASTE MANAGE 04/04/2024 Regular 0.00 1,895.07 57911 HUGHSS-092 Invoice 04/02/2024 STREET SWEEPING - MARCH 0.00 1,895.07 00668 JIMENEZ TRUCK AND TIRE RE 04/04/2024 Regular 0.00 647.09 57912 103123-4 Invoice 04/03/2024 tires for UT1 0.00 647.09
00879 PG & E 04/04/2024 Regular 0.00 887.98 57913
INV0010953 Invoice 03/26/2024 UTILITIES 0.00 887.98
01885 RecruitGigs 04/04/2024 Regular 0.00 1,782.00 57914 68815 Invoice 03/22/2024 Extra Help - PW 0.00 792.00
68879 Invoice 03/29/2024 Extra Help - PW 0.00 990.00
01633 Robert Delarm 04/04/2024 Regular 0.00 98.00 57915 INV0010994 Invoice 04/03/2024 Reimbursement for Class B required for e… 0.00 98.00 01599 SMILE BUSINESS PRODUCTS, INC 04/04/2024 Regular 0.00 93.68 57916 1187260 Invoice 03/22/2024 COPIES 0.00 93.68
01709 The Lincoln National Life Insurance Company 04/04/2024 Regular 0.00 534.68 57917 4678693779 Invoice 04/01/2024 Life Insurance 0.00 534.68 01820 Thompson Woolley Builders, Inc 04/04/2024 Regular 0.00 2,795.00 57918 I-24-767 Invoice 04/02/2024 Playground cover at Euclid subdivision 0.00 2,795.00 01176 USA BLUE BOOK 04/04/2024 Regular 0.00 130.04 57919 INV00289280 Invoice 04/02/2024 lab supplies 0.00 130.04 01264 VERIZON WIRELESS 04/04/2024 Regular 0.00 380.10 57920 9960007332 Invoice 04/03/2024 MIFI DEVICES/ CAMERAS 0.00 152.04 9960007333 Invoice 04/03/2024 MIFI DEVICES/ CAMERAS 0.00 228.06 01192 VISION SERVICE PLAN 04/04/2024 Regular 0.00 514.17 57921 820111286 Invoice 04/01/2024 MEDICAL INSURANCE WITHHELD- APRIL 0.00 514.17 01206 WARDEN'S OFFICE 04/04/2024 Regular 0.00 29.11 57922 010965-00 Invoice 03/26/2024 MISC OFFICE SUPPLIES 0.00 29.11 01220 WESTURF INC. 04/04/2024 Regular 0.00 445.16 57923 00010000093176 Invoice 03/28/2024 mower blades and parts 0.00 445.16 01420 CALIFORNIA STATE DISBURSEMENT UNIT 04/10/2024 Regular 0.00 40.12 57930 Check Report Date Range: 04/04/2024 - 04/15/2024
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0011027 Invoice 04/10/2024 INCOME WITHHOLDING FOR CHILD SUPP… 0.00 40.12 00049 ALLIED ADMINISTRATORS 04/11/2024 Regular 0.00 1,824.66 57931 INV0011078 Invoice 05/01/2024 DELTA DENTAL 0.00 1,824.66 01585 Bay City Equipment Industries Inc 04/11/2024 Regular 0.00 13,659.09 57932 W290937 Invoice 04/09/2024 Preventative well8 generator 0.00 1,303.39 W290939 Invoice 04/09/2024 preventative Well3 genarator 0.00 557.00 W290941 Invoice 04/09/2024 preventative WWTP generator 0.00 514.15 W292447 Invoice 04/09/2024 major prev well3 gen 0.00 2,168.16 W292449 Invoice 04/09/2024 major prev well4 gen 0.00 1,683.17 W292641 Invoice 04/09/2024 Major prev well8 gen 0.00 1,985.25 W292671 Invoice 04/09/2024 Major prev hatch gen 0.00 1,362.30 W292937 Invoice 04/09/2024 major prev WWTP gen 0.00 4,085.67 01280 CHRISTINE AGUIAR 04/11/2024 Regular 0.00 100.00 57933 INV0010996 Invoice 04/05/2024 Damage Deposit - Aguiar 0.00 100.00 00305 CITY OF HUGHSON 04/11/2024 Regular 0.00 2,054.83 57934 INV0010997 Invoice 04/08/2024 LLDS & STARN PARK 0.00 2,054.83 01340 DIVISION OF THE STATE ARCHITECT 04/11/2024 Regular 0.00 38.80 57935 INV0010995 Invoice 04/08/2024 Disability Access & Education Fee 1st Qtr 0.00 38.80 00527 GIBBS MAINTENANCE CO 04/11/2024 Regular 0.00 175.00 57936 14625 Invoice 03/31/2024 JANITOR SERVICES 0.00 175.00
00528 GILTON SOLID WASTE MANAGE 04/11/2024 Regular 0.00 215,609.67 57937 February 2024 Invoice 02/29/2024 GARBAGE SERVICE- Feb 2024 0.00 73,304.69 January 2024 Invoice 01/31/2024 GARBAGE SERVICE Jan 2024 0.00 76,918.84 March 2024 Invoice 03/31/2024 GARBAGE SERVICE- MARCH 2024 0.00 65,386.14 00614 HUGHSON FARM SUPPLY 04/11/2024 Regular 0.00 1,389.93 57938 H485147 Invoice 04/10/2024 farm supply blanket 0.00 50.06 H485230` Invoice 04/10/2024 farm supply blanket 0.00 20.33 H485269 Invoice 04/10/2024 farm supply blanket 0.00 58.82 H485283 Invoice 03/08/2024 Farm supply blanket PO 0.00 12.92 H485477 Invoice 03/08/2024 Farm supply blanket PO 0.00 17.25 H485479 Invoice 03/11/2024 Water Supplies (Blanket) 0.00 112.10 H485487 Invoice 04/10/2024 farm supply blanket 0.00 58.22 H485501 Invoice 03/07/2024 Farm supply blanket PO 0.00 33.81 H485512 Invoice 03/11/2024 Water Supplies (Blanket) 0.00 8.61 H485526 Invoice 03/11/2024 Water Supplies (Blanket) 0.00 34.70 H485559 Invoice 04/10/2024 farm supply blanket 0.00 7.10 H485630 Invoice 03/07/2024 Farm supply blanket PO 0.00 24.36 H485745 Invoice 03/13/2024 Water Supplies (Blanket) 0.00 32.43 H485750 Invoice 04/10/2024 farm supply blanket 0.00 60.49 H485872 Invoice 03/07/2024 Farm supply blanket PO 0.00 17.25 H485920 Invoice 04/10/2024 farm supply blanket 0.00 100.62 H485988 Invoice 03/07/2024 Farm supply blanket PO 0.00 34.51 H486116 Invoice 03/07/2024 Farm supply blanket PO 0.00 48.53 H486218 Invoice 04/10/2024 farm supply blanket 0.00 94.46 H486302 Invoice 04/10/2024 farm supply blanket 0.00 208.90 H486334 Invoice 03/08/2024 Farm supply blanket PO 0.00 32.31 H486430 Invoice 03/07/2024 Farm supply blanket PO 0.00 44.18 H486476 Invoice 03/08/2024 Farm supply blanket PO 0.00 39.16 H486679 Invoice 03/07/2024 Farm supply blanket PO 0.00 0.87 H486691 Invoice 03/21/2024 Water Supplies (Blanket) 0.00 14.00 H486729 Credit Memo 03/21/2024 WATER SUPPLIES 0.00 -14.00 H486792 Invoice 04/09/2024 cleaning supplies 0.00 214.50 H486830 Invoice 03/06/2024 Farm supply blanket PO 0.00 1.55 H487389 Invoice 03/06/2024 Farm supply blanket PO 0.00 21.89 Check Report Date Range: 04/04/2024 - 04/15/2024
4/15/2024 6:50:53 PM Page 4 of 6
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 00627 HUGHSON NAPA AUTO & TRUCK 04/11/2024 Regular 0.00 479.70 57939 380239 Invoice 03/07/2024 parts and supplies (blanket PO) 0.00 7.28 380305 Invoice 03/08/2024 parts and supplies (blanket PO) 0.00 16.79 380443 Invoice 03/11/2024 parts and supplies (blanket PO) 0.00 2.36 380670 Invoice 03/14/2024 parts and supplies (blanket PO) 0.00 26.91 380747 Invoice 03/15/2024 parts and supplies (blanket PO) 0.00 22.64 380860 Invoice 03/18/2024 parts and supplies (blanket PO) 0.00 13.92 380876 Invoice 03/18/2024 parts and supplies (blanket PO) 0.00 4.08 380881 Invoice 03/18/2024 parts and supplies (blanket PO) 0.00 35.77 380888 Invoice 03/18/2024 parts and supplies (blanket PO) 0.00 4.39 380899 Invoice 03/18/2024 parts and supplies (blanket PO) 0.00 15.47 380908 Invoice 03/18/2024 parts and supplies (blanket PO) 0.00 22.37 380914 Invoice 03/18/2024 parts and supplies (blanket PO) 0.00 7.51 381002 Invoice 03/19/2024 parts and supplies (blanket PO) 0.00 7.62 381035 Invoice 03/20/2024 fleet maintenance (blanket PO) 0.00 106.79 381055 Invoice 03/20/2024 parts and supplies (blanket PO) 0.00 149.26 381219 Invoice 03/22/2024 parts and supplies (blanket PO) 0.00 3.65 381334 Invoice 03/25/2024 parts and supplies (blanket PO) 0.00 32.89 00659 J.B. Anderson Land Use Planning 04/11/2024 Regular 0.00 13,089.58 57940 020124HUGH Invoice 02/01/2024 General Planning Services 0.00 5,049.58 030124HUGH Invoice 03/01/2024 General Planning Services 0.00 2,665.50 040124HUGH Invoice 04/01/2024 General Planning Services 0.00 5,374.50 00682 KAISER FOUNDATION HEALTH 04/11/2024 Regular 0.00 7,749.65 57941 691534614623 Invoice 05/01/2024 MEDICAL SERVICES- MAY 0.00 7,749.65 00824 NEUMILLER & BEARDSLEE 04/11/2024 Regular 0.00 6,922.96 57942 347371 Invoice 03/27/2024 LEGAL SERVICES 0.00 1,600.00
347548 Invoice 03/28/2024 General Administration 0.00 4,497.96 347549 Invoice 03/28/2024 Personnel Matters 0.00 825.00 01884 PACIFIC STORAGE COMPANY 04/11/2024 Regular 0.00 71.99 57943 2217699 Invoice 03/31/2024 RECORDS STORAGE 0.00 71.99
01950 Premier Pools & Spas 04/11/2024 Regular 0.00 500.00 57944 INV0011079 Invoice 04/10/2024 Refund of ENCR23-1305 for 1597 Lantern 0.00 500.00 01943 Quality Service, Inc. 04/11/2024 Regular 0.00 44,632.25 57945 34539 Invoice 02/28/2024 Progress inovice #2 for the T&M estimate … 0.00 25,230.75 34685 Invoice 03/22/2024 Progress inovice #3 for the T&M estimate … 0.00 19,401.50 01885 RecruitGigs 04/11/2024 Regular 0.00 990.00 57946
68940 Invoice 04/05/2024 Extra Help - PW 0.00 990.00
01048 STANISLAUS COUNTY 04/11/2024 Regular 0.00 347.00 57947 471589 Invoice 04/09/2024 corp yard HM permit 0.00 347.00 01048 STANISLAUS COUNTY 04/11/2024 Regular 0.00 161.00 57948 472655 Invoice 04/08/2024 WWTP HM permit 0.00 161.00
01066 STATE WATER RESOURCES CONTROL BOARD 04/11/2024 Regular 0.00 591,136.15 57949 Check Report Date Range: 04/04/2024 - 04/15/2024
4/15/2024 6:50:53 PM Page 5 of 6
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0011077 Invoice 04/10/2024 Contract # 08838; Project # 5139-110 0.00 591,136.15 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Payable Bank Summary
Bank Drafts
EFT's
51 0
0 0
0 0.00

0.00 0.00

0.00 0.00
51 0.00
Payment
940,042.31

0.00 0.00

0.00 0.00
940,042.31
Payable
Count
137
0 0
0 0
137
Check Report Date Range: 04/04/2024 - 04/15/2024
4/15/2024 6:50:53 PM Page 6 of 6
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
51 0
0 0
0 0.00

0.00 0.00

0.00 0.00
51 0.00
940,042.31

0.00 0.00

0.00 0.00
940,042.31
137
0 0
0 0
137
Fund Name Period Amount
Fund Summary
999 POOLED CASH/CONSOLIDATED CASH 4/2024 940,042.31
940,042.31
4/15/2024 6:52:15 PM Page 1 of 1
Refund Check Register
Hughson Refund Check Detail
UBPKT03576 - Refunds 01 UBPKT03574 Regular
Account Name Date Check # Amount Code Receipt Amount Type 12-0890-005 Lincecum, Becky 4/8/2024 57924 104.15 104.15 Generated From Billing 12-1450-001 BECKER, GLORIA 4/8/2024 57925 114.51 114.51 Deposit 14-1500-002 Durham, Megan 4/8/2024 57926 220.95 220.95 Generated From Billing 14-1780-003 HERNANDEZ, CHUCK &DANIELL 4/8/2024 57927 109.66 109.66 Deposit 15-3190-003 ODOM, DAVID & JENNIFER 4/8/2024 57928 41.83 41.83 Deposit Total Refunds: 5 Total Refunded Amount: 591.10
Revenue Code Summary
Revenue Code Amount
996 - UNAPPLIED CREDITS 591.10
Revenue Total: 591.10
General Ledger Distribution
Account Number Account Name Posting Amount IFT
Posting Date: 04/08/2024
Fund: 510 - WATER/SEWER DEPOSIT
510-10001 CLAIM ON CASH-WATER/SEWER DEPOSIT -591.10 Yes 510-11040 CUSTOMER CREDITS 591.10
510 Total: 0.00
Fund: 999 - POOLED CASH/CONSOLIDATED CASH
999-10010 CASH IN BANK-MONEY MARKET -591.10
999-20000 DUE TO OTHER FUNDS (POOLED CASH) 591.10 Yes
999 Total: 0.00
Distribution Total: 0.00
4/15/2024 6:52:55 PM Page 1 of 1
Refund Check Register
Hughson Refund Check Detail
UBPKT03591 - Bill Refund - Fox Road
Account Name Date Check # Amount Code Receipt Amount Type 12-0300-001 FOX ROAD SCHOOL 4/8/2024 57929 9,583.92 9583.92 Deposit Total Refunds: 1 Total Refunded Amount: 9,583.92
Revenue Code Summary
Revenue Code Amount
996 - UNAPPLIED CREDITS 9583.92
Revenue Total: 9583.92
General Ledger Distribution
Account Number Account Name Posting Amount IFT
Posting Date: 04/08/2024
Fund: 510 - WATER/SEWER DEPOSIT
510-10001 CLAIM ON CASH-WATER/SEWER DEPOSIT -9,583.92 Yes 510-11040 CUSTOMER CREDITS 9,583.92
510 Total: 0.00
Fund: 999 - POOLED CASH/CONSOLIDATED CASH
999-10010 CASH IN BANK-MONEY MARKET -9,583.92
999-20000 DUE TO OTHER FUNDS (POOLED CASH) 9,583.92 Yes 999 Total: 0.00
Distribution Total: 0.00
Meeting Date: April 22, 2024
Subject: Adoption of Resolution No. 2024-11, Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 5, 2024, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and Requesting Consolidation of the Election with Stanislaus County.

Enclosures: General Election Cost Estimate
Notice of Election
Presented By: Ashton Gose, City Clerk
Staff Recommendations:

1. Adopt Resolution No. 2024-11, calling and giving notice of the holding of a General Municipal Election on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities and requesting consolidation of the election with Stanislaus County.

2. Direct the City Clerk to file a certified copy of the Resolution with the Board of Supervisors and the County Election Division of the County of Stanislaus.

Discussion:

The California Elections Code requires the City Council to order the General Municipal Election and request the Stanislaus County Board of Supervisors to approve the consolidation of the City’s Election with the Statewide General Election being held on Tuesday, November 5, 2024.

The City of Hughson’s General Municipal Elections are required to be held in November on even numbered years. California Election Code §10403 sets forth the procedures for cities to request that the Board of Supervisors approve the consolidation of the Municipal Election with the Statewide Election. California Elections Code §10403.5 requires the Board of Supervisors to approve the request for consolidation of the election.

A notice announcing the 2024 General Municipal Election and the Offices to be filled will be published in the Hughson Chronicle on July 9, 2024. The Candidate Nomination Period will begin July 15, 2024, and will close on August 9, 2024. During this time, candidate CITY COUNCIL AGENDA ITEM NO. 3.3
SECTION 3: CONSENT CALENDAR
packets will be available for any interested party seeking to run for an office. Candidates must be a registered voter in Stanislaus County and live within the city limits to be eligible to run for office. If an eligible incumbent does not file for his/her office, the nomination period for that specific office will be extended to Wednesday, August 14, 2024, at 5:00 pm for anyone other than the incumbent.

The Offices scheduled for the November 5, 2024, General Municipal Election are as follows:

Office Incumbent Compensation Term
Council Member Samuel Rush $250.00/mo. 4-year term
Council Member Alan McFadon $250.00/mo. 4-year term
Fiscal Impact:

For Fiscal Year 2024-2025, the estimated cost for election services and publication notice is $19,100. This anticipated expense will be included in the City’s Fiscal Year 2024-2025 Proposed Budget.

CITY OF HUGHSON

CITY COUNCIL
RESOLUTION NO. 2024-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON

CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES

AND REQUESTING CONSOLIDATION OF THIS ELECTION WITH STANISLAUS COUNTY WHEREAS, Under the provisions of the laws relating to General Law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the Election of Municipal Officers; and
WHEREAS, the California Statewide General Election will be held on Tuesday, November 5, 2024; and
WHEREAS, in accordance with section 10403 of the California Elections Code, it is desirable that the Election of Municipal Officers be consolidated with the California Statewide General Election and held on the same date and that within the City the precincts, polling places, and election officers of the two elections be the same, and that the County Election Department canvas the returns of the Election of Municipal Officers and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby declare, determine, and order as follows:

1. That pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of Hughson, Stanislaus County, California, on Tuesday, November 5, 2024, a General Municipal Election for the following purpose of:
a. Electing two (2) Council members each for a term of four (4) years; and

2. That pursuant to the requirements of section 10403 of the California Elections Code, the Board of Supervisors of the County of Stanislaus is hereby requested to consent and agree to the consolidation of an Election of Municipal Officers with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of electing two (2) Council members each for a term of four (4) years; and

3. That pursuant to section 10002 of the California Elections Code the Board of Supervisors of the County of Stanislaus is requested to issue instructions to the County Election Official to take any and all steps necessary for the holding of the consolidated election; and

4. Pursuant to section 14018 of the Elections Code that the consolidated election shall be held and conducted, election boards appointed, voting precincts designated, candidates nominated, ballots printed, polls opened and closed, voter challenges determined, ballots counted and returned, returns canvassed, results declared, certificates of election issued, recounts conducted, election contests presented, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide election; and

5. That the City of Hughson recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for such costs; and

6. That the vote centers for the election shall open at seven o’clock am (7:00 a.m.) of the day of the election and shall remain open continuously from that time until eight o’clock pm (8:00 p.m.), except as provided in §14401 of the Elections Code of the State of California; and

7. Pursuant to §13307(c) of the Elections Code of the State of California, candidates shall be required to pay, in advance, for the pro rata cost of printing the candidate statement in the voter pamphlet; and

8. Candidate statements will be limited to no more than 200 words; and

9. A $750.00 deposit shall be required at the time of filing of the nomination paper of those candidates who wish to submit a statement for printing in the voter pamphlet; and

10. The amount of the deposit is based upon an estimated cost and candidates will be required to pay the actual cost of printing, and the City Clerk is directed to bill candidates for additional actual expenses or refund any excess amount paid depending upon the actual cost of printing of the candidate statement in the voter pamphlet; and

11. That in all particulars not recited in this Resolution, the Election shall be held and conducted as provided by law for holding Municipal Elections; and

12. That Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law; and

13. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Division of the County of Stanislaus.

PASSED AND ADOPTED by the City Council of the City of Hughson at a regular meeting held on this 22nd day of April 2024, by the following roll call vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
______________________
GEORGE CARR, Mayor
ATTEST:
_______________________
ASHTON GOSE, City Clerk

NOTICE OF ELECTION

CITY OF HUGHSON
NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of Hughson on Tuesday, the 5th day of November 2024, for the following Officers:

Two (2) Members of the City Council (Full term of four years) The Nomination Period for these offices begins on Monday, July 15, 2024, and closes on Friday, August 9, 2024.

If nomination papers for an incumbent officer of the City are not filed by 5:00 p.m. on Friday, August 9, 2024 (the 88th day before the Election), the voters shall have until the 83rd day before the election, Wednesday, August 14, 2024, to nominate candidates for that incumbent’s elective office.

If no one or only one person is nominated for an elective office, appointment to the elective office may be made as prescribed by §10229, Elections Code of the State of California.

Vote centers will be open between the hours of 7:00 a.m. and 8:00 p.m.

Nomination papers can be secured from the City Clerk’s Office. Please call City Hall at 209-883-4054 or visit the City of Hughson website at www.hughson.org.

ATTEST:

Ashton Gose
City Clerk
April 22, 2024
Meeting Date: April 22, 2024
Subject: Adoption of Resolution No. 2024-12, Performing the Biennial Review of the City of Hughson’s Conflict of Interest Code Enclosure: Exhibit “A” Conflict of Interest Code
Presented By: Ashton Gose, City Clerk
Staff Recommendation:

Adopt Resolution No. 2024-12, amending the City of Hughson Conflict of Interest Code.

Discussion:

The Political Reform Act (Government Code Sections 81000-91014) requires every local governmental agency to review its Conflict-of-Interest Code biennially. A notice must be submitted to the reviewing body indicating whether an amendment is necessary. The code reviewing body for the City of Hughson is the City Council. The Political Reform Act requires governmental officials and certain employees to publicly disclose their personal assets and income. They are also restricted from participating in decisions which may affect their personal economic interests. The Fair Political Practices Commission (FPPC) is the state agency responsible for issuing the State of Economic Interest, Form 700, and for interpreting the law’s provisions. Form 700 is the document those subject to the Conflictof-Interest Code are required to fill out annually and identify their financial interests.

Persons holding the position of Mayor, City Councilmember, Planning Commissioner, City Manager, City Attorney, and City Treasurer are required to annually file a Form 700 pursuant to Government Code §87200 directly with the FPPC. In addition, local government agencies must adopt a local Conflict of Interest Code (Code). This Code must designate positions that make or participate in the making of decisions which may foreseeably have a material effect on any financial interest. The Code must be reviewed biennially to determine if amendments are required.

The Hughson City Council last amended the Conflict-of-Interest Code on April 11, 2022, with the adoption of Resolution No. 2022-14. Staff recommend performing the biennial review of the City of Hughson’s Conflict of Interest Code and reporting that the Conflict-of-Interest Code is in need of amendment. The City Clerk is responsible for ensuring the proper annual filing of the Form 700 by appropriate City officials as required and per the specified deadline.

CITY COUNCIL AGENDA ITEM NO. 3.4
SECTION 3: CONSENT CALENDAR
Fiscal Impact:

There is no fiscal impact to the City associated with approval of this item.

CITY OF HUGHSON

CITY COUNCIL
RESOLUTION NO. 2024-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON

AMENDING THE CITY OF HUGHSON CONFLICT OF INTEREST CODE
WHEREAS, the Hughson City Council adopted a Conflict of Interest Code pursuant to the Political Reform Act of 1974, Government Code Section 81000, et seq; and WHEREAS, the Hughson City Council last amended the Conflict of Interest Code on April 11, 2022, by adopting Resolution 2022-14; and
WHEREAS, pursuant to Government Code Section 87306.5, each local government agency must review its Conflict-of-Interest Code on a biennial basis and either amend the code, or report that the Code is not in need of amendment; and
WHEREAS, the City Council desires to amend the Conflict of Interest Code to update Appendix “A” to remove, change, and include the current designated positions; and WHEREAS, the City of Hughson will continue to incorporate by reference Title 2, California Administrative Code Section 18730 and amendments to it, adopted by the Fair Political Practices Commission (FPPC), which will save time and money by minimizing the actions required of the Council to keep its code in conformity with the Reform Act.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hughson as follows:

1. The City of Hughson hereby adopts the City of Hughson Conflict of Interest Code attached hereto as Exhibit A.

2. Persons holding designated positions shall file Statements of Economic Interest, Form 700, pursuant to the Code with the City Clerk, who shall be deemed the Filing Officer and who shall make the statements available to the public for inspection and reproduction.

PASSED AND ADOPTED by the City Council of the City of Hughson at its regular meeting held on this 22nd day of April 2024 by the following roll call votes:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
»
»
»
APPROVED:
_____________________
GEORGE CARR, Mayor
ATTEST:
______________________
ASHTON GOSE, City Clerk
1 APPENDIX A

CITY OF HUGHSON

CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRING DISCLOSURE
Positions Designated to Report Disclosure Category
Department

ADMINISTRATION
City Clerk/Assistant to the City Manager 2
Management Analyst 2

BOARDS/COMMISSIONS/COMMITTEES
Administrative Appeals Board 1
Budget and Finance Subcommittee Members 1
Parks, Recreation and Entertainment Commissioners 1
Successor Agency to the RDA Committee Members 1

COMMUNITY DEVELOPMENT DEPARTMENT
Director of Community Development 1
CITY ATTORNEY’S OFFICE
City Attorney 1
Deputy City Attorney 1

FINANCE DEPARTMENT
Director of Finance & Administrative Services 1
Accounting Manager 4

PUBLIC WORKS
Parks and Recreation Manager 4
Public Works Superintendent 4
Utilities Superintendent 4
Exhibit A
Executive Assistant/City Clerk
2 ** Consultants and Contractual Consultants **
This disclosure category reads:

Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Manager may determine in writing that a particular consultant, although a “designated positions.” is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in these categories. Such determination shall include a description of the Consultant's duties and based upon that description, a statement of the extent of disclosure requirements. The City Manager shall forward a copy of this determination to the City Council. Nothing herein excuses any such consultant from any other provision of the Conflict of Interest Code.

APPENDIX B

CITY OF HUGHSON

CONFLICT OF INTEREST CODE

DISCLOSURE CATEGORIES FOR DESIGNATED POSITIONS

DEFINITION
"Unit" as used in this text means the department, board, committee, commission, office or other entity using the disclosure category.

DISCLOSURE CATEGORY

1. All investments and business positions in business, entities, sources of income and interests in real property.

2. Investments and business positions in business entities, and all sources of income.

3. Interests in real property.

4. Investments and business positions in business entities, and sources of income from "entities providing bids, supplies, services, vehicles, equipment or machinery, or engaged in construction, development, acquisition or sale of real property, or public works or other City-related projects, of the type used by the designated employee's unit.”

APPENDIX C

CITY OF HUGHSON

CONFLICT OF INTEREST CODE

PLACE OF FILING
PART I – DESIGNATED EMPLOYEES
Each employee filing a Form 700 – Annual Statement of Economic Interests shall file it with the City Clerk.

Where: City Clerk
City of Hughson
7018 Pine Street
Hughson, CA 95326
PART II – BOARDS, COMMITTEES AND COMMISSIONS
The City of Hughson City Clerk shall furnish to each designated member, upon their appointment and termination, a Form 700 – Annual Statement of Economic Interest and each completed form shall be filed with the City Clerk.

Where: City Clerk
City of Hughson
7018 Pine Street
Hughson, CA 95326
PART III – OFFICIALS LISTED IN GOVERNMENT CODE SECTION 87200 The City of Hughson City Clerk shall furnish the following public officials, upon their appointment and termination, a Form 700 – Annual Statement of Economic Interests:

City Council Members, Mayor, Planning Commissioners, City Manager, City Attorney, City Treasurer or Finance Director. The Clerk will retain a copy and originals will be forwarded to the FPPC.

Where: City Clerk
City of Hughson
7018 Pine Street
Hughson, CA 95326
These statements will be forwarded to the Fair Political Practices Commission (FPPC), 1102 Q Street, Ste 3000, Sacramento Ca 95811.

Meeting Date: April 22, 2024
Subject: Approval to Adopt Resolution No. 2024-13, Supporting the Approval of the Fiscal Year 2024-2025 Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Annual Action Plan (AAP)
Presented By: Carla C. Jauregui, Community Development Director Staff Recommendation:

Adopt Resolution No. 2024-13, supporting the approval of the Fiscal Year 2024-2025 Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Annual Action Plan (AAP).

Background:

In 2002, Stanislaus County was designated an Urban County by the Federal Housing and Urban Development Department (HUD) and receives an annual allocation to be shared among Stanislaus County and the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford. With this designation, Stanislaus County qualifies as an “entitlement” jurisdiction which means that the County receives Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Program funds from HUD without participating in the competitive application process. The County together with these cities form what is known as the Stanislaus County Community Development Block Grant (CDBG) Consortium (hereafter referred to as the Urban County).

Discussion:

During Fiscal Year 2024-2025, Stanislaus Urban County (hereinafter Urban County) expects to receive 2,543,347 in Community Development Block Grant (CDBG) program funding and $208,317 in ESG funding. These estimated funding allocations in the Draft AAP are based on Fiscal Year 2023-2024 HUD funding and are only used as projections per HUD guidelines.

Additionally, the County’s administration amount includes the cost of a consultant that will prepare the upcoming Fiscal Year 2025-2029 Consolidated Plan (5 Year Plan), Analysis of Impediments to Fair Housing and the Limited English Proficiency Plan (LEP) starting in July 2024.

The CDBG funds and the ESG funds are to be used for the following activities.

CITY COUNCIL AGENDA ITEM NO. 3.5
SECTION 3: CONSENT CALENDAR
• Infrastructure Improvements
• Economic Development Programs
• Affordable Housing
• Fair Housing Services
• Public Services
• Homeless Shelter Services
• Homeless Prevention
• Homeless Services Data Collection
Hughson’s estimated CDBG allocation is approximately $163,003 which includes $5,000 for administration costs. Staff recommends the use of the funds for the completion of part 2 of the Second Street Infrastructure Improvement Project, which includes curb, gutter, sidewalk, ADA improvements and the environmental work associated with the project. The 2024-2025 2nd Street Sidewalk Infill Project will complete the remainder of the sidewalks on 2nd Street that were started in the 2017-2018 Fiscal Year and completed in the 2018- 2019 Fiscal Year. This project installed curb, gutter and sidewalk, and pedestrian improvements on 2nd Street between Fox Road and Walker Lane. The 2024-2025 project goal is to complete the public improvements on 2nd Street between Santa Fe and Locust.

This project is part of a multi-year effort to complete sidewalks and improve connectivity, mobility, and access for pedestrians.

Additionally, the Urban County is anticipated to receive approximately $1,708,364 in Home Investment Partnership Program (HOME) funding of which Hughson’s allocation for Fiscal Year 2024-2025 is anticipated to be approximately $127,110. The goals of the Consortium as established under the federal HOME program guidelines is to further affordable housing activities benefiting low-income households.

Community meetings for the purpose of gathering public comments and review of the draft Annual Action Plan were held on March 25, 2024, April 8, 2024, and a third meeting is scheduled at 5pm prior to the City Council meeting on April 22, 2024. The Draft AAP has been available for public review in the Stanislaus County Planning and Community Development Department, and various locations throughout the County. No public comments have been received to date.

Fiscal Impact:

The City currently has approximately $620,000 in CDBG funds available as of Fiscal Year 2023-2024 and is estimated to receive an additional estimated $163,003 in Fiscal Year 2024- 2025 to use towards the 2024-2025 2nd Street Sidewalk Infill Project. Any remaining funds will be allocated to secondary projects identified as part of the Consolidated Plan. Staff will continue to look for other funding sources to be able to complete the construction of all projects identified to improve safety and the quality of life for the residents of Hughson.

CITY OF HUGHSON

CITY COUNCIL
RESOLUTION 2024-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON SUPPORTING THE APPROVAL OF THE FISCAL YEAR 2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME

INVESTMENT PARTNERSHIP PROGRAM (HOME) ANNUAL ACTION PLAN (AAP) WHEREAS, Stanislaus County in partnership with the cities of Ceres, Hughson, Newman, Oakdale, Patterson and Waterford form the Stanislaus Urban County for purposes of developing the AAP and receiving federal Housing and Urban Development (HUD), Community Development Block Grant (CDBG) and Emergency Solutions Grant (ESG) Program funding in total of $2,543,347.00 and $1,708,364 In Home Investment Partnership Program funding; and WHEREAS, the City of Hughson chooses to participate in the entitlement process thereby receiving a portion of the CDBG and HOME entitlement grants to Stanislaus County and participating jurisdictions; and,
WHEREAS, the City of Hughson’s allocation of CDBG funds is $ 163,003.00 ($158,003.00 for CDBG project activities and $5,000 to administer) for 2024-2025 Fiscal Year and an allocation of HOME funds in the amount of $127,110.00; and,
WHEREAS, the development process of the AAP included several public meetings held at various locations and times throughout the urban county jurisdictions; and, WHEREAS, the preparation of the AAP utilized consultation and coordination among various government agencies, private groups (for- and non-profit) and individuals; and, WHEREAS, the following projects listed below have been selected as CDBG projects according to low to moderate income eligibility and existing health and safety issues in the project area(s): Second Street Infrastructure Project (part 1), Walker Lane Infrastructure Project, Second Street Infrastructure Project (part 2), Tully Road Infrastructure Project, Charles Street Infrastructure Project, Elm Street Infrastructure Project, and Seventh Street Infrastructure Project.

WHEREAS, the City of Hughson staff held local community meetings on March 25, 2024, April 06, 2024, and April 22, 2024, and no public comments or input was received; and, WHEREAS, the April 22nd, 2024, City Council meeting was open to the public as an opportunity to provide comments; and,
WHEREAS, the City of Hughson, as shown in the 2024-2025 AAP, will utilize the City’s CDBG allocations for the 2nd Street Infrastructure Improvement Project as well as future CDBG funding projected in the 2020-2025 Consolidated Plan (CP). As funding becomes available the City of Hughson will work within the CDBG income eligible areas of the City as indicated in the CP for additional projects that will be reported in future Annual Action Plans.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hughson hereby approves the Draft Fiscal Year 2024-2025 Annual Action Plan and authorizes the City Manager to execute the CDBG Subrecipient Agreement and HOME Agreement for FY 2024-2025.

PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 22nd day of April 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
___________________________
GEORGE CARR, Mayor
ATTEST:
_______________________
ASHTON GOSE, City Clerk
Meeting Date: April 22, 2024
Subject: Approval to Authorize City Staff to Release Bid Documents for the Well 8 TCP Mitigation Project
Enclosures: Well 8 TCP Mitigation Project Plan Set
Bid Documents
Presented By: Carla C. Jauregui, Community Development Director Staff Recommendation:

Authorize City Staff to release Bid Documents for the Well 8 TCP Mitigation Project.

Background:

In 2017, the State of California Water Board adopted a new standard to the California Code of Regulations for the previously unregulated contaminant 1,2,3-Trichloropropane (1,2,3-TCP). The new standard sets the Maximum Contaminant Level (MCL) for 1,2,3-TCP at 5 parts per trillion (5 ppt) in public drinking water. The contaminant is a man-made chemical commonly found in groundwater throughout the Central Valley from use in industrial and agricultural activities.

Testing of local groundwater wells has shown 1,2,3-TCP is present and of sufficient concentrations to require removal. Currently, Wells 3, 4, and 8 have 1,2,3- TCP concentrations exceeding the new MCL.

In 2018, a study titled “City of Hughson 1,2,3-TCP Mitigation Feasibility Study” was completed to provide recommendations to address 1,2,3-TCP in City water wells. The study found that granular activated carbon (GAC) was the best treatment technology for 1,2,3-TCP removal.

Discussion:

On July 27, 2020, the Council approved the Professional Services Agreement with the engineering firm of Provost & Pritchard to prepare plans and specifications to add 1,2,3-TCP treatment to the City’s Well 8 Facility. Since then, the staff has worked with Provost & Pritchard to finalize the design and prepare bid documents for construction.

Additionally, since this project will alter the appearance and footprint of the well site, City staff has conducted a public outreach to City residents located within 300’ of the Well 8 facility, CITY COUNCIL AGENDA ITEM NO. 6.1
SECTION 6: NEW BUSINESS
explaining the project work, purpose, and construction timeframe. To date, the City has received no comments or concerns from residents related to this project.

Fiscal Impact:

The City received funding for the project through a legal settlement in 2022. The engineer’s estimate of probable cost is $2.45 million, which is less than the available amount received from the settlement.

BID SET
1/31/2024 Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD 455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
“
”
— G-3
3 35
1/31/2024
LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO: G-4 4 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/ LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO: G-5 5 35
1/31/2024
M
M
M
M
M
M
M LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO: G-6 6 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO: G-7 7 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
M C-1 8 35

BID SET
1/31/2024 Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD 455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/

LEGACY WAY
FAITH DRIVE STORM DRAIN BASIN 0 10 20 40 SCALE IN FEET PENDANT WAY HEARTH LANE 1/31/2024
1/31/2024
W W W W W W WW W W W W W W W W W W W W W W W FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD W W W W W W W SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD S S S S S S S S S S S S S M W W W W W W WW W W W W W W W W W W W W W W W FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD W W W W W W W SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD S S S S S S S S S S S S S M C-2 9 35

LEGACY WAY BASIN
1/31/2024
M C-3 10 35

FAITH DR
1/31/2024
M C-4 11 35

FAITH DR FAITH DR
1/31/2024
W W W W W W WW W W W W W W W W W W W W W FM FM FM FM FM FM FM FM FM FM FM FM FM SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD W W W W W W W SD SD SD SD SD SD SD SD SD SD SD SD SD M W W W W W W WW W W W W W W W W W W W W W FM FM FM FM FM FM FM FM FM FM FM FM FM SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD W W W W W W W SD SD SD SD SD SD SD SD SD SD SD SD SD M C-5 12 35

BID SET
1/31/2024 Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD 455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/ 0 5 10 20 SCALE IN FEET 1 1 234567 4 3 25 6 7 1/31/2024
W W W W W W WW W W W W W W W W W W W W W W W FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD W W W W W W W SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD S S S S S S S S S S S S S M W W W W W W WW W W W W W W W W W W W W W W W FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD W W W W W W W SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD S S S S S S S S S S S S S M C-6 13 35

LEGACY WAY
1/31/2024
W W W W W WW WW W W W W W W W W W W FM FM FM FM FM FM FM FM FM FM FM FM SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD W W W W W W W W SD SD SD SD M W W W W W WW WW W W W W W W W W W W FM FM FM FM FM FM FM FM FM FM FM FM SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD W W W W W W W W SD SD SD SD M C-7 14 35

W W W W W W W W
FM FM FM FM FM FM FM FM FM W W W W W W W W W W C-8 15 35 0 SCALE IN = 1'-0" 4 4 8 1/4" FEET

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
C-10 17 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
D-1 18 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
D-2 19 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
D-3 20 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
2 3
4 D-4 21 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
D-5 22 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
D-6 23 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
D-7 24 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
D-8 25 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
D-9 26 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/ D-10 27 35
1/31/2024
D-11 28 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024
D-12 29 35

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
1/31/2024

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/

BID SET
1/31/2024
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/ D-13 30 35
1/31/2024
FM FM FM FM M 33

BID SET
6/9/2023 Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD PEZZONI ENGINEERING, INC. ã Copyrighted 2022 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM E1.0

ELECTRICAL LEGEND, ABBREVIATIONS, GENERAL, COMPLIANCE NOTES

AND OVERALL ELECTRICAL SITE PLAN

BID SET
1/31/2024
1/31/2024 31 35
W W W W W W W W W W W W W W W W W W 33

ELECTRICAL PLAN

BID SET
1/31/2024
1/31/2024 32 35
33 BID SET
6/9/2023 Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD PEZZONI ENGINEERING, INC. ã Copyrighted 2022 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM E2.0

ELECTRICAL DETAIL

CONDUIT & CABLE SCHEDULE

BID SET
1/31/2024
1/31/2024 33 35
33 BID SET
6/9/2023 Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD PEZZONI ENGINEERING, INC. ã Copyrighted 2022 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM IO.00

INSTRUMENTAION

COVER SHEET

BID SET
1/31/2024
1/31/2024 34 35
33 BID SET
6/9/2023 Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD PEZZONI ENGINEERING, INC. ã Copyrighted 2022 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM IO-10

GAC AND MOTORIZED VALVES
P&ID

BID SET
1/31/2024
1/31/2024 35 35
City of Hughson
Well 8 TCP Mitigation Project

Page 1 ends

CONTRACT DOCUMENTS
FOR

CITY OF HUGHSON
WELL 8 TCP MITIGATION PROJECT
Plans and Specifications Approved by the City:

TBD

CITY OF HUGHSON COMMUNITY

DEVELOPMENT DEPARTMENT
7018 PINE STREET
PO BOX 9
HUGHSON, CA 95326
Phone: (209) 883-4054
City of Hughson
Well 8 TCP Mitigation Project

Page 2 ends

COMMUNITY DEVELOPMENT DEPARTMENT
PART I: BID
FOR
WELL 8 TCP MITIGATION PROJECT
IN

HUGHSON, CALIFORNIA
Bids to Be Opened On:

TBD
TBD

CITY MANAGER
Dominique
Romo
MAYOR
George Carr

MAYOR PRO-TEM
Randy Crooker

COUNCIL MEMBERS
Samuel Rush Julie Strain Alan McFadon
Prepared By:

Provost & Pritchard
Consulting Group
Approved for Construction By:

Keith Mortensen, PE
RCE#75865
Carla C. Jauregui

COMMUNITY DEVELOPMENT DIRECTOR
For use in Connection with the 2018 Standard Specifications and Standard Plans of the California Department of Transportation, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

City of Hughson
Well 8 TCP Mitigation Project

Page 3 ends

TABLE OF CONTENTS
Description Page No.

BID.................................................................................................................................................. 3 BID SCHEDULE............................................................................................................................5 LIST OF SUBCONTRACTORS.................................................................................................... 6 PUBLIC CONTRACT CODE........................................................................................................ 7 Public Contract Code Section 10285.1 Statement .....................................................................................................7 Public Contract Code Section 10162 Questionnaire..................................................................................................7 Public Contract Code 10232 Statement .....................................................................................................................8 NONCOLLUSION AFFIDAVIT ................................................................................................... 9 BIDDER'S BOND ........................................................................................................................11 SAMPLE CONTRACT ................................................................................................................ 12 SAMPLE PAYMENT BOND ...................................................................................................... 22 SAMPLE PERFORMANCE BOND ............................................................................................ 23 (Some colored inks will not reproduce in copy
machines, please use black ink to complete this bid.)
City of Hughson
Well 8 TCP Mitigation Project

Page 4 ends

BID

BID TO THE CITY OF HUGHSON COMMUNITY

DEVELOPMENT DEPARTMENT
WELL 8 TCP MITIGATION PROJECT

NAME OF BIDDER
BUSINESS P.O. BOX

CITY, STATE, ZIP

BUSINESS STREET ADDRESS
(Please include even if P.O. Box used)

CITY, STATE, ZIP
TELEPHONE NO: AREA CODE ( )
FAX NO: AREA CODE ( )
CONTRACTOR LICENSE NO.

EMAILADDRESS:

The work for which this bid is submitted is for construction in conformance with the special provisions (including less than the State general prevailing wage rates or Federal minimum wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and in conformance with the California Department of Transportation Standard Plans, dated 2018, the Standard Specifications, dated 2018, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The special provisions for the work to be done are dated TBD, and are entitled:

CITY OF HUGHSON

COMMUNITY DEVELOPMENT DEPARTMENT

NOTICE TO BIDDERS AND SPECIAL PROVISIONS FOR
WELL 8 TCP MITIGATION PROJECT

HUGHSON, CALIFORNIA
The project plans for the work to be done were approved TBD, and are entitled:

CITY OF HUGHSON

COMMUNITY DEVELOPMENT DEPARTMENT

PROJECT PLANS FOR
WELL 8 TCP MITIGATION PROJECT
IN

HUGHSON, CALIFORNIA
City of Hughson
Well 8 TCP Mitigation Project

Page 5 ends

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.

This is not a Federal-Aid project and therefore any Federal-Aid provisions do not apply.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total 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; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY OF HUGHSON Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid been provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY OF HUGHSON, and that discretion will be exercised in the manner deemed by the CITY OF HUGHSON to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY OF HUGHSON respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

If this bid shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the Public Contract Code, with surety satisfactory to the CITY OF HUGHSON, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the CITY OF HUGHSON that the contract has been awarded, the CITY OF HUGHSON may, at its option, determine that the bidder has abandoned the contract, and thereupon this bid and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this bid shall operate and the same shall be the property of the CITY OF HUGHSON.

The undersigned, as bidder, declares that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this bid is accepted, that he will contract with the CITY OF HUGHSON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following prices, to wit:

City of Hughson
Well 8 TCP Mitigation Project

Page 6 ends

BID SCHEDULE A
1 General Provisions, Mobilization 1 LS $ $
2 Traffic Control 1 LS $ $
3 Dust Control 1 LS $ $
4 Worker Protection 1 LS $ $
5 Demolition Clearing and Grubbing 1 LS $ $
6 Site Grading 1 LS $ $
7 Site Piping 1 LS $ $
8 GAC Vessels 1 LS $ $
9 GAC Vessel Foundation 1 LS $ $
10 Site Concrete and Paving 1 LS $ $
11 Washwater Disposal System 1 LS $ $
12 Blockwall and Access Gates 1 LS $ $
13 Electrical, Instrumentation and Controls 1 LS $ $
TOTAL BID SCHEDULE A $
Bid Schedule A Total $
Bid Schedule A (in words):

The Contractor shall be responsible for calculating and providing unit prices for the schedule. The proposal schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.

City of Hughson
Well 8 TCP Mitigation Project

Page 7 ends

The City has the option to reject all bids with or without cause. The City also has the option to remove bid items at its discretion. If the City chooses to remove bid items, no bid price adjustment will be allowed.

For the purposes of determining the lowest responsible bidder, the Bid Schedule A Total shall be considered.

City of Hughson
Well 8 TCP Mitigation Project

Page 8 ends

LIST OF SUBCONTRACTORS
The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 2-1.33C, "General," of the special provisions.

Name and Address Description of Portion of Work Subcontracted (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS BID SHALL ALSO CONSTITUTE AN

ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS BID) City of Hughson
Well 8 TCP Mitigation Project

Page 9 ends

PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Slats. 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 check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid 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 shall 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.

City of Hughson
Well 8 TCP Mitigation Project

Page 10 ends

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 Bid. Signing this Bid 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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“NONCOLLUSION” AFFIDAVIT TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID
Public Contract Code § 7106
State of California
County of Stanislaus_________________
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].

BIDDER: ______________________________________________________________________________ (Signature) (Date)
__________________________________________________________ (Name and Title of Signatories)
__________________________________________________________ (Legal Name Bidder)
__________________________________________________________ (Address)
__________________________________________________________ (Phone Number)
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Accompanying this Bid is _______________________________________________ (NOTICE: INSERT THE WORDS "CASH($," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.)
in amount equal to at least ten percent (10%) of the total of the bid.

The names of all persons interested in the foregoing bid as principals are as follows:

IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual,state first and last names in full.

Licensed in conformance with an act providing for the registration of Contractors, License No. __________________________Classification(s)___________________

ADDENDA
This Proposal is submitted with respect to the changes to the contract included in addenda number/s (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California that the Noncollusion Affidavit, Public Contract Code Section 7106 is true and correct.

Date: ______________________________________
Sign Here: __________________________________
__________________________________
__________________________________
Signature and Title of Bidder
City of Hughson
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Business Address _____________________________________________ Place of Business ______________________________________________ Place of Residence ____________________________________________ City of Hughson
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CITY OF HUGHSON

COMMUNITY

DEVELOPMENT DEPARTMENT

BIDDER'S BOND
WELL 8 TCP MITIGATION

PROJECT
------------------------------------------------------------------------------ ------------------------------------------------------------------------ as Principal, and as Surety are bound unto the City of Hughson, State of California, hereafter referred to as "Obligee", in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we bind ourselves, jointly and severally,

THE CONDITION OF THIS OBLIGATION IS SUCH THAT
Whereas, the Principal is submitted to the oblige for: demolition, clearing, grubbing, sidewalk construction, and pavement work.
for which bids are to be opened at the office of the City Clerk of the City of Hughson, in City Hall, 7018 Pine Street, Hughson, CA 95326 on TBD at TBD.

NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in conformance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.

In the event suit is brought upon this bond by the Obligee and judgement is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

Dated: _______________________________________, 20
___________________________________________________
Principal
___________________________________________________
Surety
___________________________________________________
Attorney-in-Fact
State of California
City of Hughson
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CERTIFICATE OF ACKNOWLEDGEMENT
City/County of __________
On this day of _________________ in the year 20 before me ____________________________________, personally appeared _________________ Attorney-in-fact personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of , and acknowledged to me that he (she) subscribed the name of the said company thereto as surety, and his(her) own name as attorney-in-fact. (SEAL)
Notary Public
City of Hughson
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SAMPLE CONTRACT

CONSTRUCTION SERVICES AGREEMENT
CONTRACT ID#
(City of Hughson/[contractor])
DATE: _
PARTIES: CITY: City of Hughson
Post Office Box 9
Hughson, CA 95326
CONTRACTOR: [contractor name]
[contractor address]
[city, state zip]
THIS CONSTRUCTION SERVICES AGREEMENT ("Agreement") is entered into by and between the City of Hughson, a California municipal corporation ("City”) and ______________________________________________(“Contractor”).

RECITALS
WHEREAS, the City has determined that it requires certain construction services provided as set forth in this Agreement.

WHEREAS, this Agreement is for the provision of those construction services by Contractor to City.

WHEREAS, the Contractor represents that it is qualified and able to perform the construction services by virtue of its experience and the training, education, and professional ability of its principals and employees.

WHEREAS, the Contractor further represents that it is willing to accept responsibility for performing such construction services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:

1. Definitions

1.1. "Chapter 1": Division 2, Part 7, Chapter 1(commencing with section 1720) of the California Labor Code.

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1.2. "Contract Documents": It is mutually agreed and understood that the complete Contract shall consist of this Agreement, and the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if attached, and which together constitute the Contract Documents:

1.2.1. Notice to Bidders

1.2.2. Bidding Contractor's Proposal

1.2.3. Accepted Bid

1.2.4. Faithful Performance Bond and Labor and Materials Bond (if applicable)

1.2.5. Special provisions

1.2.6. Project Plans

1.2.7. Revised standard specifications

1.2.8. Standard specifications including City of Hughson Improvement Standards

1.2.9. Revised standard plans including City of Hughson Standard Plans

1.2.10. Standard Plans

1.2.11. Supplemental project information

1.2.12. Disadvantaged Business Enterprise Program

1.3. "Contract Price": Price at which Contractor agrees to perform Scope of Services and City agrees to pay Contractor to perform Scope of Services.

1.4. "DIR": Department of Industrial Relations

1.5. "Project": SEWER IMPROVEMENTS ON TULLY ROAD AND SECOND STREET

1.6. "Scope of Services": Such construction services as are set forth in the Contract Documents.

2. Scope of Construction Agreement

2.1. Contractor agrees to provide constructions services at as described in Contract Documents.

2.2. Failure of the Contractor to include any scope of work identified in the Contract Documents will not excuse Contractor's liability to perform such work, unless Contractor provides written notice that Contractor's bid does not include the scope of work defined in the Contract Documents and City accepts Contractor's bid with the understanding that Contractor will not be providing construction services for the scope of work specifically identified in Contractor's written notice to the City.

2.3. Contractor agrees to do all the work and furnish all the labor, material, equipment and appliances to complete the work in accordance with the Contract Documents.

2.4. Contractor agrees to do and perform said work diligently as directed by the City until completion is evidenced by written acceptance by the City.

2.5. Contractor agrees to do and perform the work contemplated hereby and furnish all labor, material, appliances, equipment, tools and pay all taxes therefore, at the bid price specified in the Bid form submitted by the Contractor.

2.6. Contractor agrees to remedy, at his expense, any defects in the work which shall appear within a period of twelve (12) months from the date of the final acceptance of the work.

2.7. Contractor shall comply with all Federal, State, and local laws, regulations and requirements necessary for the provision of contracted services.

2.8. Contractor shall comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation.

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2.9. Contractor shall maintain current throughout the life of this Agreement, all permits, licenses, certificates, and insurances that are necessary for the provision of contracted services.

3. Term of Agreement

3.1. This Agreement shall commence on the date of execution by the City, and continue until [date], unless said work is completed on a date prior thereto or unless terminated earlier as provided herein.

3.2. Contractor agrees to commence work on its Scope of Services within 10 calendar days after receipt of Notice to Proceed and to complete said work within 30 calendar days from date established by the Notice to Proceed.

3.3. Should the Contractor fail to complete the work included in the Scope of Services within the time limit agreed upon or such extensions thereof as may be granted, a deduction of One Thousand dollars ($1,000.00) per day will be made from amounts otherwise due the Contractor for each and every calendar day, or fraction thereof, that the work, or each stated portion, remains incomplete after the date set for its completion.

4. Hours Worked

4.1. Contractor shall comply with and be bound by the provisions of Labor Code section 1810 acknowledging that eight (8) hours labor constitutes a legal day's work.

4.2. Contractor shall comply with and be bound by the provisions of Labor Code section 1813 concerning penalties for workers who work excess hours. The Contractor, shall as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement 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 one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

4.3. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one (1) week shall be permitted upon public work upon compensation for all hours worked in excess of 8 (eight) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.

5. Compensation
The compensation shall not exceed the amount of $ for construction services performed pursuant to this Agreement paid in accordance with the following bid schedule:

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[Bid Schedule to be inserted
after award
Item F Description Quantity Units Unit Price Total
1 2
Item F Description Quantity Units Unit Price Total
3 4
5 6
7 City of Hughson
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6. Invoicing

6.1. Contractor shall submit one original and one copy of each invoice to the City, Post Office Box 9, Hughson, California 95326 by the end of each month. The invoice must include the value of all work completed as of the 20th day of the current month. All invoices must reference this Contract ID Number and the services performed.

6.2. On or about the tenth day of each month after the commencement of work, an amount equal to ninety-five percent (95%) of the value of all work completed as of the 20th day of the preceding month, based on the quantities of work completed, as determined by the Engineer at the unit prices stated, less the aggregate of all previous payments made to the Contractor, will be paid by City to Contractor.

6.3. Thirty (30) days after completion of the Contract and its acceptance by the City, the balance of the Contract Price will be paid. Such final payment will not be made until completion of the entire project and acceptance of the whole by the City.

6.4 Contractor may substitute securities in lieu of retained funds in accordance with Public Contract Code section 22300.

6.5. It is further agreed by the parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.

7. Contractor's Status

7.1. Prior to submitting a bid, the Contractor and subcontractors must be registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5, subject to limited legal exceptions under Labor Code section 1771.1.

7.2. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5.

8. Contractor Responsibility for Employees and Subcontractors

8.1. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as
follows:
"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."
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8.2. For every subcontractor who will perform work on the Project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

8.3. By executing the Contract, the contractor certifies that every subcontractor who will perform work on the Project is not ineligible pursuant to Labor code Sections 1777.1 or 1777.7. In accordance with Public Contract Code Section 6109, any contactors who are ineligible to perform work on public works project pursuant to Labor Code Sections 1777.1 or 1777.7 may neither bid on, be awarded, or perform work on this Project. To the full extent permitted by law he Contractor shall hold harmless and indemnify the City from and against any and all damages, costs, and liability arising from or as a consequence of any violation of Public Contract Code Section 6109.

8.4. The City has full authority to compromise or otherwise settle any claim relating to the Project at any time. However, the City shall notify Contractor of the receipt of any thirdparty claim relating to the Project.

9. Bonding Requirements
If this total bid amount as set forth in the Bid is in excess of $25,000, then Contractor shall provide a Faithful Performance Bond and a Labor and Materials Bond, in the sum of 100% of the contract price; the Faithful Performance Bond will be retained by the City for twelve (12) months following final acceptance by the City of the improvements constructed to guarantee correction of failures attributable to workmanship and materials. Upon the final acceptance by the City, the amount of the Faithful Performance Bond may be reduced to twenty percent (20%) of the actual improvement construction costs.

10. Public Work Acknowledgment

10.1. Contractor acknowledges that the project as defined in the Contract Documents between Contractor and City is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code ("Chapter 1"), and that this Agreement is subject to:

10.1.1. Chapter 1, including without limitation Labor Code section 1771; and

10.1.2. The rules and regulations established by the Director of Industrial Relations implementing such statutes. Contractor shall perform all work on the project as public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 10.1.1 and 10.1.2 as though set forth in full herein.

10.2. California law requires inclusion of specific Labor Code provisions in certain contracts.

The inclusion of such specific provisions in this Agreement, whether or not required by California law, does not alter the meaning or scope of Section 10 of this Agreement.

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11. Labor Compliance Monitoring

11.1. Pursuant to Labor Code section 1771.4, Contractor's services are subject to labor compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

11.2. Contractor shall comply with and be bound by the provisions of Labor Code section 1776, which requires Contractor and each subcontractor to:

11.2.1. Keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; and

11.2.2. Certify and make such payroll records available for inspection as provided by Section 1776; and

11.2.3. Inform the City of the location of the records.

11.3. Payment to Contractor shall not be made when payroll records are delinquent or inadequate.

12. Prevailing Wage Requirements

12.1. Pursuant to Labor Code section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Scope of Services are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Contract.

12.2. Contractor shall comply with and be bound by the provisions of Labor Code sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Contract by Contractor or by any subcontractor.

12.3. Contractor shall comply with and be bound by the provisions of Labor Code sections1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

12.4. The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.

13. Indemnification
To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractorsserving in the role of City's City of Hughson
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officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Contract, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. This indemnity requirement applies to any claim, liability, compensation, fines, penalties, or other amounts arising from or incidental to any alleged defects in the content or manner of submission of the Contractor’s bid for the Contract.All duties of Contractor under this Section shall survive termination of the Contract.

14. Assignment
Neither party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the assigning or delegating party of any of its obligations hereunder.

15. Insurance

15.1. Contractor, if required to work on City property during the contract period, shall submit proof of insurance to City showing City, its officers, agents, and employees named as Additional Insured and insurance policy shall contain provisions that such policy may not be cancelled except after thirty (30) days written notice to City, ten (10) day's notice if cancellation is due to nonpayment of premium.

15.2. Contractor agrees that Contractor is responsible to ensure that the requirementsset forth in this section/paragraph are also met by Contractor's subcontractors/consultants who provide services pursuant to this Agreement. Copies of insurance certificates shall be filed with the City.

15.3. General Liability Limits

15.3.1. BI & PD combined/per occurrence
/Aggregate

15.3.2. Personal Injury/Aggregate

15.3.3. Workers' Compensation and Employer's Liability
$1,000,000
$1,000,000
$1,000,000
Statutory requirement
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16. Discrimination
Contractor shall not discriminate against any individual based on race, color, religion, nationality, sex, age, or handicap condition.

17. Notices
Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be affected by personal delivery or by first class mail, registered or certified, postage prepaid, return receipt requested. Unless otherwise designated by either party in writing, such notices shall be mailed to Post Office Box 9, Hughson, California
95236.

18. Termination
If the Contractor breaches or habitually neglects the Contractor's duties under this Agreement without curing such breach or neglect upon fifteen (15) working days written notice, the City may, by written notices, immediately terminate this Agreement without prejudice to any other remedy to which the City may be entitled, either at law, in equity, or under this Agreement. In addition, either party may terminate this Agreement upon sixty (60) calendar days written notice to other party.

19. Conflict of Interest Statement

19.1. Contractor covenants that Contractor, its officers or employees or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

19.2. Contractor further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by Contractor under this Agreement

19.3. Contractor shall not hire City's employees to perform any portion of the work or services provided for herein, including secretarial, clerical, and similar incidental services except upon the written approval of the City.

19.4. Performance of services under this Agreement by associates or employees of Contractor shall not relieve Contractor from any responsibility under this Agreement.

20. Drug Free Workplace
Contractor shall comply with the provisions of Government Code section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

21. Force Majeure
It is agreed that neither party shall be responsible for delays in delivery or acceptance of delivery or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the seller/contractor or the purchaser.

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22. Forum Law
The Laws of the State of California shall govern this Agreement. Venue is Stanislaus County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

23. Entire Agreement and Modification
This Agreement supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments, or alterations shall be effective unless in writing and signed by both parties.

24. Attorneys’ Fees
In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded reasonable attorney fees, together with any costs and expenses, to resolve the dispute and to enforce the final judgment.

IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the day and year first written above.

Contractor
By: ________________________________
[Official name]
[Official title]
Date: _________________________________
Approved as to Form:

By: ________________________________
Tom Terpstra
City Attorney
City
City of Hughson
Post Office Box 9
Hughson, CA 95326
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By: ________________________________
________________________________
Dominique Romo
City Manager
Date: ____________________________
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CITY OF HUGHSON

COMMUNITY DEVELOPMENT DEPARTMENT

SAMPLE PAYMENT BOND
(Section 3247, Civil Code)
WHEREAS, The City of Hughson, acting by and through the Community Development Department, hereafter referred to as "Obligee", has awarded to Contractor hereafter designated as the "Principal", a contract for the work described as follows:

The work generally consists of, but is not limited to, the following: adjust water and sewer services, roadway excavation and grading, asphalt grinding/milling, roadway paving and street striping. The contractor shall include in his bid and provide all labor, tools and materials for a complete project in conformance with the intent shown on the drawings and specified herein.

AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons as provided by law.

NOW, THEREFORE, we the undersigned Principal and Surety are bound unto the Obligee in the sum of _________________________________________dollars ($ ) , for which payment, we bind ourselves, jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH,
That if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attorney's fee to fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Dated: _________________________, 20
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:

Principal
Surety (SEAL)
By: Attorney-in-Fact
NOTE: Signatures of those executing for the surety must be properly acknowledged.

CERTIFICATE OF ACKNOWLEDGEMENT
State of California
City / County of ______________________________________ On this day of ____________________, 20___before me _______________________________ personally appeared ___________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) Attorney-in-Fact
to be the person whose name is subscribed to this instrument as the attorney-in-fact of ___________________and acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her own name as attorney-in-fact. (SEAL) Notary Public
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CITY OF HUGHSON

COMMUNITY DEVELOPMENT DEPARTMENT

SAMPLEPERFORMANCE
BOND
(To AccompanyContract)
Bond No.________
WHEREAS, the City of Hughson, acting by and through the Community Development Department, has awarded to Contractor ________ hereafter
designated as the "Contractor", a contract for the work described as follows:

The work generally consists of, but is not limited to, the following: adding GAC treatment to the existing Well 8 treatment system , demolition and grading, and, paving. The contractor shall include in his/her bid and provide all labor, tools and materials for a complete project in conformance with the intent shown on the drawings and specified herein.

AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract, guaranteeing the faithful performance thereof:

NOW, THEREFORE, we the undersigned Contractor and Surety are held firmly bound to the City of Hughson in the sum of $ dollars, to be paid to said City or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators,successors or assigns, jointly and severally,firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the above bound Contractor, 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 foregoing contract and any alteration thereof made as therein provided, on his or their 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 indemnify and save harmless the City I County of , its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, We have hereunto set our hands and seals on this _________ day of ______________, 20___ Correspondence or claims relating to this bond
should be sent to the surety at the following
address:

Contractor
Name of Surety (SEAL)
By: Attorney-in-Fact
NOTE: Signatures of those executing for the surety must be properly acknowledged.

CERTIFICATE OF ACKNOWLEDGEMENT
State of California, City I County of __________________ On this day of ______________in the year 20 _ before me , a notary public in and for the City I County of personally appeared ______________known to me to be the person whose name is subscribed to this Attorney-in-fact
instrument and known to me to be the attorney-in-fact of_______________________________________________ and acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her own name as attorney-in-fact.
(SEAL) Notary Public
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CITY OF HUGHSON

COMMUNITYDEVELOPMENTDEPARTMENT
PART II: NOTICE TO BIDDERS
& SPECIAL PROVISIONS
FOR
WELL 8 TCP MITIGATION PROJECT
BID OPENING- TBD, IMMEDIATELY AFTER TBD.

For use in Connection with federally funded Local Assistance construction projects administered under the Standard Specifications Dated 2018 and Standard Plans Dated 2018 of the California Department of Transportation; and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished; and the City of Hughson Improvement Standards dated October 10, 2007, insofar as the same may apply and in accordance with the Special Provisions.

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DOCUMENT ORGANIZATION

STANDARD PLANS LIST

NOTICE TO BIDDERS

SPECIAL PROVISIONS

ORGANIZATION

DIVISION I GENERAL PROVISIONS

1. GENERAL

2. BIDDING

3. CONTRACT AWARD AND EXECUTION

4. SCOPE OF WORK

5. CONTROL OF WORK

6. CONTROL OF MATERIALS

7. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

8. PROSECUTION AND PROGRESS

9. PAYMENT
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CALTRANS 2018 STANDARD PLANS LIST
The standard plan sheets applicable to this Contract include those listed below. The applicable revised standard plans ( RSPs) listed below are included in the project plans.

A10A
RSP A10B
A10C
A10D
A10E
A2.0A
A2.0B
RSP A20C
A2.0D
RSP A2.4A
A2.4B
RSP A2.4C
A2.4D
RSP A2.4E
RSP A24F
RSPA87A
RSPA87B

RSPABBA

RSPABBB
T51
T56
T61
T62
T63
T64

ABBREVIATIONS,LINES, SYMBOLS AND LEGEND
Abbreviations (Sheet 1 of 2)
Abbreviations (Sheet 2 of 2)
Lines and Symbols (Sheet 1of 3)
Lines and Symbols (Sheet 2 of 3)
Lines and Symbols (Sheet 3 of 3)

PAVEMENT MARKERS, TRAFFIC LINES, AND PAVEMENT MARKINGS
Pavement Markers and Traffic Lines,Typical Details
Pavement Markers and Traffic Lines, Typical Details
Pavement Markers and Traffic Lines, Typical Details
Pavement Markers and Traffic Lines, Typical Details
Pavement Markings - Arrows
Pavement Markings - Arrows and Symbols
Pavement Markings - Symbols and Numerals
Pavement Markings- Words
Pavement Markings- Words, Limit and Yield Lines
Pavement Markings- Crosswalks

CURBS, DRIVEWAYS, DIKES, CURB RAMPS AND ACCESSIBLE PARKING Curbs and Driveways
Hot Mix Asphalt Dikes
Curb Ramp Details
Curb Ramp and Island Passageway Details
TEMPORARY WATER POLLUTION CONTROL Temporary Water
Pollution Control Details (Temporary Silt Fence)
Temporary Water Pollution ControlDetails (Temporary Fiber Roll) Temporary Water Pollution ControlDetails (Temporary Drainage Inlet Protection)
Temporary Water Pollution Control Details (Temporary Drainage Inlet Protection)
Temporary Water Pollution ControlDetails (Temporary Drainage Inlet Protection)
Temporary Water Pollution Control Details (Temporary Drainage Inlet Protection)
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CITY OF HUGHSON

COMMUNITY DEVELOPMENT DEPARTMENT

NOTICE TO BIDDERS
Sealed bids will be received at the Office of the City Clerk of the City of Hughson, in City Hall, 7018 Pine Street, Hughson, CA 95326 until TBD on TBD, for WELL 8 TCP MITIGATION PROJECT, at which time they will be publicly opened and read.

The work generally consists of, but is not limited to the following: demolition, clearing, grubbing, drainage improvements, concrete flatwork, roadway excavation and grading, roadway paving, and striping. The contractor shall include in his bid to provide all labor, tools and materials for a complete project in conformance with the intent shown on the drawings and specified herein.

Procurement of Plans and Special Provisions: The contract documents are entitled WELL 8 TCP MITIGATION PROJECT. All contract documents, plans, and specifications must be obtained electronically from the City of Hughson’s XXXXXXXX, (Contact: XXXXX (XXX)xxx-xxxx. Plans and specifications will be available for electronic download at no cost. Contact XXXX at XXXxxxxxX.com for access to electronic documents. Upon contacting, XXXXX will add the contractor to the Registered Plan Holders List. Only registered plan holders will be permitted to submit a bid for the project.

Plans and special conditions are based on the use of the 2018 Caltrans Standard Specifications and all supplements.

Bid Bond: Bids, accompanied by a cash deposit or a certified check or a bid bond payable to the City of Hughson in the amount of ten percent (10%) of the total amount of the bid, must be in the hands of Community Development Director, City Hall, 7018 Pine Street, Hughson, CA 95326, prior to the hour advertised for the opening of bids. All bids will be opened at the noticed hour.

Pre-Bid Meeting: A non-mandatory pre-bid meeting is scheduled for TBD, location will be the Well 8 Project Site in Hughson, CA 95326.

Required Contractor’s License(s): Under Public Contract Code section 3300 and Business and Professions Code section 7028.15(e), the City of Hughson requires that the contractor possess a valid Class A contractor’s license at the time that the contract is awarded. Failure to possess the specified license will render the bid non-responsive and will bar the award of the contract to any bidder not possessing such license at the time of the award.

Required Contractor and Subcontractor DIR Registration: The City of Hughson will accept bids only from bidders that (along with all subcontractors listed) are currently registered and qualified to perform public work pursuant to Labor Code section 1725.5; provided, however, that if a bidder is a joint venture (Business & Professions Code § 7029.1) then City of Hughson may accept a noncomplying bid provided that the bidder and all listed subcontractors are registered at the time the contract is awarded. Please provide a State issued Department of Industrial Relations (DIR) registration number with the bid proposal. Information on registration with the DIR is available at:
https://efiling.dir.ca.gov/PWCR. This is a separate requirement from the Contractors State License Board licensing requirement.

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Form of Bid: Each bid must be submitted on the Bid Proposal and bid forms furnished by the City of Hughson, and each bid must include all the items shown on these forms. Substitute forms may be used if specified in this Notice. All bids must be submitted in conformance with this Notice and with the instructions contained in Caltrans Standard Specifications for Construction, which by this reference is made a part of the Notice Inviting Bids.

Substitution of Securities: In accordance with Public Contract Code section 22300, substitution of eligible and equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. Such equivalent securities must be deposited with City of Hughson or with a state or federally chartered bank as the escrow agent who will then pay such moneys to the contractor.

Upon satisfactory completion of the contract, the securities will be returned to the contractor.

Securities eligible for investment include those listed in Government Code section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the contractor and City of Hughson. The contractor will be the beneficial owner of any securities used to secure its performance. Any escrow agreement will be substantially similar to the form set forth in Public Contract Code section 22300.

Labor Code Compliance: Any contract entered into pursuant to this Notice will incorporate the applicable provisions of the California Labor Code.

Prevailing Wage Laws: The successful bidder must comply with all prevailing wage laws applicable to the project, and related requirements contained in the contract documents. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City of Hughson, and may be obtained from the DIR website:
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Upon request, City of Hughson will make available copies to any interested party. Also, the successful bidder must post the applicable prevailing wage rates at the work site.

Payroll Records and Prevailing Wage Monitoring: This project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. (Labor Code § 1771.4.). Each contractor and subcontractor must keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work.

These records must be certified and made available for inspection at all reasonable hours at the principal place of the contractor as required by Labor Code section 1776. In the case of statefunded public works projects, certified payroll reports must be provided to City of Hughson on a weekly basis.

Reservation of Rights: The City Board reserves the right to reject any or all bids, waive any irregularities in the bids, and to make an award or any rejection in what it alone considers to be in the best interest of the City.

Bid Protest Procedure: Any bid protest must be in writing and received by City at 7018 Pine Street, Hughson California, before 5:00 p.m. no later than two working days following bid opening (the “Bid Protest Deadline”) and must strictly comply with the requirements set forth in this Bid Protest Procedure.

1. General. Only a bidder who has actually submitted a responsive bid proposal is eligible to submit a bid protest against another bidder. Subcontractors are not City of Hughson
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eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

2. Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Bid Form, Contract Documents, or bidding documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder.

3. Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

4. Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder.

5. Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Response Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

6. City’s Decision. The scope of the bid protest considered by the City shall be limited to the issues set forth in the bid protest timely filed pursuant to this Policy.

The City may take any action on the bid protest that is authorized by law, including adoption of City staff’s recommended determination of the bid protest, adoption of a determination different from that recommended by City staff, or the rejection of all bids without deciding the bid protest. The decision of the City on a bid protest shall be the final administrative action on the protest and shall exhaust the protesting bidder’s administrative remedies.

7. Exclusive Remedy. The procedure and time limits set forth in this Bid Protest Procedure are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. A bidder’s failure to comply with these procedures will City of Hughson
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constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

8. Right to Award. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination.

9. Rejection of All Bids. The filing of a bid protest shall not preclude the City from rejecting all bids. Rejecting all bids shall render a protest moot and terminate all protest proceedings.

The Number of Working Days for this project is 120. Bids are required for the entire work described herein
Date
Ashton Gose
City Clerk
City of Hughson
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CITY OF HUGHSON COMMUNITY

DEVELOPMENT DEPARTMENT

SPECIAL PROVISIONS

ORGANIZATION
Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.

Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification.

Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.

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DIVISION I GENERAL PROVISIONS
1 GENERAL
• Add to section 1-1.05:

Whenever in the Standard Specifications, Special Provisions, Notice to Contractor, Proposal, Contract, or other contract documents the following terms are used, the intent and meaning shall be interpreted as follows:

State
Department
Director
Engineer
City
City of Hughson
City of Hughson
City Council, City of Hughson
City Engineer, City of Hughson, acting either directly or through properly authorized agent or consultants.

The Community Development Department, City of Hughson
• Add to Section 1-1.01
The following abbreviations apply to this list:

City denotes City of Hughson Improvement Standards
SP denotes Project Special Provisions
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2 BIDDING
• Add to Section 2-1.06B
The Department makes the following supplemental project information available:

Means Description
n/a n/a
• Delete Section 2.15 Disadvantaged Veteran Business Enterprise • Delete Section 2.18 Small Business and Non-Small Business Subcontractor Preferences
3 CONTRACT AWARD AND EXECUTION
• Replace Submit Any Bid Protest To The Office Engineer section 3-1.04 with:

Any bid protest must follow the Bid Protest Procedure identified within the “Notice to Bidders” section above.
• Replace the table in the third paragraph (Contract Award Period) of section 3-1.04 with:

The City will award the contract within 60 days of the bid opening. • Replace the provisions of Section 3-1.07 Insurance Policies with:

1. Contractor shall submit proof of insurance to City showing City, its officers, agents, and employees named as Additional Insured and insurance policy shall contain provisions that such policy may not be cancelled except after thirty (30) days written notice to City, ten (10) days’ notice if cancellation is due to nonpayment of premium.

2. Contractor agrees that Contractor is responsible to ensure that the requirements set forth in this section/paragraph are also met by Contractor's subcontractors/consultants who provide services pursuant to this Agreement.

Copies of insurance certificates
shall be filed with the City.

3. General Liability Limits
BI & PD combined/per occurrence/Aggregate
Personal Injury/Aggregate
Workers' Compensation and Employer's Liability
$1,000,000
$1,000,000
$1,000,000
Statutory requirement
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4 SCOPE OF WORK
• Delete the provisions of Section 4-1.07 – Value Engineering 5 CONTROL OF WORK
• Delete the provisions of Section 5-1.13C Disabled Veterans Business Enterprise:
• Delete the provisions of Section 5-1.13D Non-Small Businesses • Modify the provisions of Section 5-1.23A as follows:

Each submittal must have a unique identifying number. Any resubmittals or clarification use the original number with an appended letter starting with A for the first resubmittal (i.e. 1st resubmittal = 001A, 2nd resubmittal = 001B, etc.). Provide three (3) complete copies including one complete electronic copy.
• Replace section 5-1.26 with:
5-1.26

CONSTRUCTION SURVEYS
5-1.26A
General
5-1.26A (1)
Summary
Section 5-1.26 includes specifications for furnishing and setting construction stakes and markers to establish the lines and grades required for the completion on the work and as necessary for the Engineer to check lines, grades, alignment and elevations.

You must perform and coordinate construction staking as necessary to control the work and maintain a complete and accurate log of control and survey work as it progresses. You must establish and maintain baselines and field control points as required and furnish and set construction stakes and marks with accuracy adequate to assure that the completed work conforms to the lines, grades, and section. Vertical alignment and the coordinates of centerlines and layout lines will be furnished to you at the pre construction conference for use in in performing the construction staking.

The Survey Plan, surveying calculations, survey notes, and other records submitted to establish the exact position of the work must be completed under the direction of and signed by a Professional Land Surveyor who is registered in the State of California.

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5-1.26A (2)
Definitions
You must follow all procedures, methods, and typical stake markings under Chapter 12, Construction Surveys, of the Caltrans publication "Surveys Manual." Copies of the "Survey Manual" may be purchased from Caltrans Publications Unit 1900 Royal Oaks Drive, Sacramento, California 95815, (916) 445-3520.
5-1.26A (3)
Submittals
You must submit all computations necessary to establish the exact position of the work from the control points on the plans. All computations, survey notes, and other records necessary to accomplish the work must be neat, legible, and accurate. Copies of such computation, notes and other records must be furnished to the Engineer prior to beginning work that requires their use. Upon completion of construction staking and prior to acceptance of the contract, all computations, survey notes, and other data used to accomplish the work must be submitted to the Engineer and will become the property of the City.

Before starting any surveying work, you must submit the name and professional history of the land surveyor designated by you as its project surveyor. 5-1.26B MATERIALS
Not used.
5-1.26C CONSTRUCTION
Construction stakes and marks (including paint marks) must be removed from the site of work when no longer needed.

You are responsible for generating the grades for the work as required for the completion of this work.

You are responsible for the preservation of all Survey Monuments within the project limits. Any Survey Monuments that potentially may be disturbed by construction activity must be located and referenced by a Licensed Land Surveyor, and a Corner Record or Record of Survey filed with the County Surveyor. Any Survey Monuments disturbed during the course of construction must be reestablished by a Licensed Land Surveyor, a new monument set, and another Corner Record or Record of Survey filed with the County Surveyor. (Land Surveyors' Act Section 8771).
5-1.26D PAYMENT
The Department pays you for construction staking as
follows:

1. A total of 90 percent of the item total over the life of the contract

2. A total of 100 percent of the item upon submission of final computations, notes and other data.
• Delete paragraphs 2 through 5 of Section 5-1.27E.
• Delete Section 5-1.43E
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6 CONTROL OF MATERIALS
• Delete the provisions of Section 6-2.03 – Department-Furnished Materials • Delete the provisions of Section 6-2.05 – Buy America • Replace the footnote to the table in the 2nd paragraph of section 6-3.05B with:

Distance is air-line miles from Sacramento to the inspection source. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
• Replace the fifth paragraph of Section 7-1.02K (3) with:

Submit payroll forms electronically to the Engineer and to the Department of Industrial Relations Electronic Certified Payroll Reporting System. • Replace the table (Liability Limits) in Section 7-1.06D (2) with:

1.1. General Liability Limits

1.1.1. BI & PD combined/per
occurrence/Aggregate

1.1.2. Personal Injury/Aggregate

1.1.3. Workers' Compensation and
Employer's Liability
$1,000,000
$1,000,000
$1,000,000
Statutory requirement
8 PROSECUTION AND PROGRESS
• Replace the paragraphs and subsections in section 8-1.02C (3) with:

Use Microsoft Project for scheduling.

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9 PAYMENT
• Delete section 9-1.07.
• Add to section 9-1.16C:

The following items are eligible for progress payment even if they are not incorporated into the work:

None
• Replace section 9-1.16F:

The City retains 5% of all progress payments subject to the provisions of Public Contract Code § 9203. The City releases retention not sooner than 30 days after filing of the Notice of Completion with the Stanislaus County Recorder.
• Add to section9-1.17D(1):

The City will pay the final estimate, subject to the other conditions in this section, within 30 days following final acceptance by the City of Hughson City Council. The Notice of Completion is filed after acceptance by the City Council. • Replace the paragraphs in section 9-1.22 with:

Claims are processed following the requirements found in Public Contract Code § 10204 et seq.

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DIVISION II GENERAL CONSTRUCTION

CONSTRUCTION SPECIAL PROVISIONS

STANDARD SPECIFICATIONS AND STANDARD PLANS
Where the term "Standard Specifications" is used, it refers to the Standard Specifications of the California Department of Transportation, 2018 edition. "Standard Plans" means the Standard Plans of the same Agency, 2018 edition.

REVISED STANDARD SPECIFICATIONS
Revised Standard Specifications set forth in these special provisions shall be considered as part of the Standard Specifications for the purposes set forth in Section 5-1.02, "Contract Components," of the Standard Specifications. Whenever either the term "Standard Specifications is amended" or the term "Standard Specifications are amended" is used in the special provisions, the text or table following the term shall be considered an amendment to the Standard Specifications. In case of conflict between such amendments and the Standard Specifications, the amendments shall take precedence over and be used in lieu of the conflicting portions.

A copy of the current amendments is available at
http://ppmoe.dot.ca.gov/hq/esc/oe/construction%20contract%20standards/std%20specs/2018%2 0StdSpecs/2018 Std Specs.pdf. Or by contacting the City of Hughson.

SECTION 9. (BLANK)
SECTION 10. CONSTRUCTION DETAILS
10-1.01 GENERAL
The Contractor's attention is directed to Section 5-1.36, “Property and Facility Preservation,” of the Standard Specifications and these Special Provisions.

The Contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed, and in accordance with the provisions of Sections 5-1.36 and 7-1.02 of the Standard Specifications, he will be liable to owners of such facilities and improvements for any damage or interference with service resulting from his/her operations. The Contractor shall ascertain the exact locations of underground facilities and improvements within the construction area before using equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services of utilities and the Contractor shall cooperate with such forces and conduct his/her operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such other forces.

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The Contractor is required to notify all property owners, businesses, residences, etc. in letter form in both English and Spanish of the construction dates and times, at least 5 days prior to the beginning of work. This public notification must be submitted to the City and Engineer for review and approval prior to distribution. A copy of this notification letter must also be sent to the City Engineer. Contractor shall also post "Temporary No Parking" signs, a minimum of 72 hours prior to the commencing removals, cold milling, and paving operations of the street adjacent to their property. The notification shall be by posting visible signs at the edge of the curbs and gutters.

The signs which will be posted must be on their own lath or attached to delineator cones, or pylons, and not stapled or nailed to any tree, utility pole or street signs. Trees must be protected from being scarred or broken during construction and must be repaired or replaced at Contractor's expense if damage is done.

In the event that vehicles are on the street at the time construction is to begin, the contractor shall take appropriate action to notify the owner/s of said vehicle to have it moved. If this is not possible, or the vehicle is inoperable and the owner is not capable of moving the vehicle, the contractor shall inform the Project Engineer, who will notify the County Sheriff’s Office to have the vehicle towed at the owner's expense. Note: The above action may take place only if the "Temporary No Parking" signs have been in place, and placement has been verified by the Project Engineer, for the required 48 hour time period. Removal of said signs by the property owners or vandals will not constitute Non-compliance with this section.

The Contractor will be held responsible for any damage he may do to existing installations that are to remain in place.

The Contractor shall ensure that all striping and road markings are repainted as specified on the PLANS.

All property to remain shall be properly protected from injury or damage. Should any such property be damaged, it shall be repaired and/or replaced with material, fixtures, or equipment of the same kind, quality and size or better.

Full compensation for performing all of the work required under these Special Provisions shall be considered as included in the prices paid for the various Contract items of work involved and no separate payment will be made therefore
10-1.02 ORDER OF WORK
Order of work shall conform to the provisions in Section 5, "Control of Work," of the Standard Specifications and these special provisions.

The Contractor shall phase the work according to the following:
1) Per the Plans and Technical Specifications
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10-1.03 MOBILIZATION/DE-MOBILIZATION
The scope of the work for Mobilization shall include moving onto the site of all equipment; and the furnishing and erecting of plants, temporary buildings, and other construction facilities; all as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following principal items:

1. Moving on to the site of all Contractor's equipment required for first month's operations.

2. Installing temporary construction power, wiring, and lighting facilities per Section entitled “Temporary Utilities.”

3. Establishing fire protection system per Section entitled “Temporary Utilities.”

4. Developing and installing construction water supply per Section entitled “Temporary Utilities.”

5. Providing on-site sanitary facilities and potable water facilities as specified per Section entitled “Temporary Utilities.”

6. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer's specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security per Section entitled “Materials and Equipment,” and Section entitled “Delivery, Storage, and Handling,” as applicable.

7. Arranging for and erection of Contractor's work and storage yard per Section entitled “Site Access and Parking.”

8. Obtaining and paying for all required permits.

9. Posting all OSHA required notices and establishment of safety programs.

10. Coordination with utility agencies.

11. Have the Contractor's superintendent at the job site full time.

12. Submittal of required Construction Schedule as specified in Section entitled “Contractor Submittals.”
In addition to the requirements specified above, all submittals shall conform to the applicable requirements of Section entitled “Contractor Submittals.” De-mobilization shall consist of the completion of all final construction and administration work required to secure the project for termination and acceptance by the Engineer, including but not limited to the following:

1. Removal of all temporary facilities, construction office, temporary utilities, plant, equipment, and similar from project limits and adjacent property, as required and as directed by the Engineer.

2. Completion of record drawings (as-builts), to the satisfaction of the Engineer.

3. Completion of the requirements of permits issued by other agencies.

4. Submission of signed 1-year material and workmanship guarantee.

5. Satisfactory completion of all other contractually and legally required construction and administrative items of work.

De-mobilization shall include the satisfactory completion of all items of work, but shall not be City of Hughson
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constructed as being a separate payment for work that is paid under separate contract items.

The contract item for De-Mobilization is intended for proper close-out activities.

Mobilization bid cost is not to exceed 10% of the total bid.

Measurement for payment for Mobilization/De-mobilization will be based upon completion of such work as a lump sum pay item and shall require completion of all the listed items in this Section.

Payment for Mobilization/De-mobilization will be made at the lump sum allowance named in the Bid Sheets, which price shall constitute full compensation for all such work.

Payment for Mobilization will be made in the form of a single, lump sum equal to 50% of the contract lump sum price for Mobilization/De-mobilization, no part of which will be approved for payment under the Contract until all mobilization items listed herein have been completed as specified.

Payment for De-mobilization will be made in the form of a single, lump sum equal to 50% of the contract lump sum price for Mobilization/De-mobilization, no part of which will be approved for payment under the Contract until all de-mobilization items listed herein have been completed as specified. Payment for De-Mobilization will be included in the final pay estimate and payment. 10-1.04 NOT USED
10-1.05 CONTRACTOR SUBMITTALS

GENERAL
Wherever submittals are required hereunder, all such submittals by the Contractor shall be submitted to the Engineer through the Resident Project Representative for recording and forwarding to the Engineer. A Submittal is defined as any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, bonds, or similar items required to be submitted to the City or the Engineer under the terms of the contract.

Submittals Required Within 7 Days After Notice to Proceed: Within 7 days after the date of commencement as stated in the Notice to Proceed, the Contractor shall submit the following items to the Engineer for review:

1. A Preliminary Construction Schedule indicating the starting and completion dates of the various stages of the Work, and in accordance the Contract Documents.

2. A preliminary schedule of Shop Drawing and Sample submittals.

3. A list of all permits and licenses the Contractor shall be obtained indicating the agency required to grant the permit and the expected date of submittal for the permit and required date for receipt of the permit.

Submittals of Substitutes Required Prior to Award As provided under Section 3400 of the California Public Contracts Code, the Contractor shall, within 10 days prior to award of the contract, City of Hughson
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submit to the Engineer all proposed Substitutes or “Or Equal" products for the Engineer's review and approval. All such submittals shall be in conformance with the requirements of this Section.

The Contractor hereby agrees that failure to submit alternative product requests within the stipulated time period shall act as a waiver of any future rights to offer such substitutes, and the Contractor hereby agrees to provide one of the specific products called for in the Contract Documents.

CONTRACTOR’S SCHEDULE
Time of Submittals: Within 7 days of the commencement date stated in the Notice to Proceed, the Contractor shall submit for acceptance by the Engineer, a Preliminary Construction Schedule for the Work, showing its general plan for orderly completion of the Work and showing in detail its planned mobilization of equipment, sequence of early operations, and timing of procurement of materials and equipment. The Preliminary Construction Schedule produced and submitted shall indicate a project completion date on or before the contract completion date. The Engineer within 7 days after receipt of the Preliminary Construction Schedule, shall meet with a representative of the Contractor to review the preliminary plan and construction schedule.

Within 7 days after the conclusion of the Engineer's review period, the Contractor shall revise the Preliminary Construction Schedule as required, and resubmit to the Engineer for review. The Preliminary Construction Schedule will be revised and/or approved or rejected by the Engineer within 7 calendar days after receipt. Said schedule, when accepted by the Engineer shall constitute the Initial Construction Schedule until later revised schedules are submitted due to delays beyond the control and without the fault or negligence of the Contractor.

Acceptance: When the Initial Construction Schedule has been accepted, the Contractor shall submit to the Engineer 4 copies of the accepted schedule.

Schedule Updates with Progress Payment Applications: The Contractor shall submit updated construction schedules with each payment application.

Additional Revised Construction Schedules: The Contractor, if requested by the Engineer, shall provide a Revised Construction Schedule if, at any time, the Engineer considers the completion date to be in jeopardy because of any portion of the work falling behind schedule. The Revised Construction Schedule shall show how the Contractor intends to accomplish the Work to meet the completion date. The form and method employed by the Contractor shall be the same as required for the Initial Construction Schedule.

Construction Schedule Revisions: The Contractor shall modify any portions of the construction schedule that becomes unfeasible because of portions of the Work falling behind schedule, or for any other valid reason. Any portion of the work that cannot be completed by its originallyscheduled completion date shall be deemed to be behind schedule.

PROPOSED SUBSTITUTES OR “OR-EQUAL” ITEMS
For convenience in designation in the Contract Documents, any material, product, or equipment to be incorporated in the Work may be designated under a brand or trade name or the name of a City of Hughson
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manufacturer and its catalog information. The use of any substitute material, product, or equipment which is equal in quality and utility and possesses the required characteristics for the purpose intended will be permitted, subject to the following requirements:

1. The burden of proof as to the quality and utility of any such substitute material, product, or equipment shall be upon the Contractor.

2. The Engineer will be the sole judge as to the quality and utility of any such substitute material, product, or equipment and its decision shall be final.

Wherever in the Contract Documents the name or the name and address of a manufacturer or supplier is given for a material, product, or equipment, or if any other source of a material, product, or equipment is indicated therefore, such information is given for the convenience of the Contractor only, and no limit, restriction, or direction is indicated or intended thereby, nor is the accuracy or reliability of such information guaranteed. It shall be the responsibility of the Contractor to determine the accurate identity and location of any such manufacturer, supplier, or other source of any material, product, or equipment called for in the Contract Documents.

The Contractor may offer any material, product, or equipment that it considers equal to those specified. Unless otherwise provided by law or authorized in writing by the Engineer, the substantiation of any proposed substitute or "or equal" material, product, or equipment must be submitted prior to award of the contract. The Contractor, at its sole expense, shall furnish data concerning items it has offered as substitute or "or equal" to those specified. The Contractor shall provide the data required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the substitute or "or equal" item will fulfill its intended function.

The Contractor's attention is further directed to the requirement that its failure to submit data substantiating a request for a substitution of an "or equal" item during the time between the opening of bids and the date of award shall be deemed to mean that the Contractor intends to furnish one of the specific brand or trade-named material, product, or equipment specified in the Contract Documents and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment in each such case. Wherever a proposed substitute material, product, or equipment has not been submitted within the time specified above, or wherever the submission of a proposed substitute material, product, or equipment fails to meet the requirements of the Specifications and an acceptable resubmittal is not received by the Engineer within said specified time period, the Contractor shall furnish only one of the materials, products, or equipment originallynamed in the Contract Documents. Approval by the Engineer of a substitute item proposed by the Contractor shall not relieve Contractor of the responsibility for full compliance with the Contract Documents and for adequacy of the substituted item. The Contractor shall also be responsible for resultant changes and all additional costs which the substitution requires in its work, the work of its subcontractors and of other contractors and shall effect such changes without cost to City.

RECORD DRAWINGS
General: The Contractor shall keep and maintain, at the job site, one record set of Contract Drawings. On these Contract Drawings, Contractor shall mark all project conditions, locations, City of Hughson
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configurations, and any other changes or deviations which may vary from the details represented on the original Contract Drawings, including buried or concealed construction and utility features which are revealed during the course of construction.

Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings. Said Record Drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed.

These master Record Drawings of the Contractor's representation of "as-built" conditions, including all revisions made necessary by addenda, change orders, and the like, shall be maintained up-todate during the progress of the Work.

In the case of those drawings which depict the detail requirement for equipment to be assembled and wired in the factory, the record drawings shall be updated by indicating those portions which are superseded by change order drawings or final shop drawings, and by including appropriate reference information describing the change orders by number and the shop drawings by manufacturer, drawing, and revision numbers.

Record Drawings prepared by the Contractor shall be accessible to the Engineer at all times during the construction period and shall be delivered to the Engineer upon completion of the work.

Effect on Progress Payments: Requests for partial payments will not be approved if the record drawings are not kept current. All such Record Drawings will be inspected by the Engineer each month, showing all variations between the Work as actually constructed and as originally shown on the Contract Drawings or other Contract Documents, and the City will not process monthly payment requests until such drawings are made current each month.

Final Record Drawings: Upon substantial completion of the Work and prior to final acceptance by the City, the Contractor shall complete and deliver the completed set of Record Drawings to the Engineer for transmittal to the City, conforming to the construction records of the Contractor. This set of drawings shall consist of corrected plans showing the reported location of the Work. The information submitted by the Contractor and incorporated by the Engineer into the Record Drawings will be assumed to the reliable, and the Engineer will not be responsible for the accuracy of such information, or for any errors or omissions, which may appear on the Record Drawings as a result.

Effect on Final Payment: Final payment will not be approved until the Contractor-prepared Final Record Drawings have been delivered to the Engineer. Said up-to-date, Record Drawings may be in the form of a set of prints with carefully plotted information overlaid in pencil.

Full compensation for Contractor Submittals shall be considered as included in the prices paid for the various items of work and no separate payment will be made therefore. 10-1.06 MATERIALS AND EQUIPMENT
The word "Products," as used herein, is defined to include purchased items for incorporation into the Work, regardless of whether specifically purchased for project or taken from Contractor's stock City of Hughson
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of previously purchased products. The word "Materials," is defined as products which must be substantially cut, shaped, worked, mixed, finished, refined, or otherwise fabricated, processed, installed, or applied to form units of work. The word "Equipment" is defined as products with operational parts, regardless of whether motorized or manually operated, and particularly including products with service connections (wiring, piping, etc.). Definitions in this paragraph are not intended to negate the meaning of other terms used in Contract Documents, including "specialties," "systems," "structure," "finishes," "accessories," "furnishings," "special construction," and similar terms, which are self-explanatory and have recognized meanings in the construction industry.

Source Limitations: To the greatest extent possible for each unit of work, the Contractor shall provide products, materials, or equipment of a singular generic kind from a single source.

Compatibility of Options: Where more than one choice is available as options for Contractor's selection of a product, material, or equipment, the Contractor shall select an option which is compatible with other products, materials, or equipment already selected. Compatibility is a basic general requirement of product/material selections.

All equipment designated to be installed in the Work, whether temporarily stored at the site or installed in place, shall be serviced on a regularly scheduled basis, and a written log of services shall be maintained and submitted as a record document to the Engineer.

Full compensation for Materials and Equipment shall be considered as included in the prices paid for the various items of work and no separate payment will be made therefore. 10-1.07 DELIVERY, STORAGE, AND HANDLING
The Contractor shall confine all operations (including storage of materials) on City premises to areas authorized or approved by the City. The Contractor shall hold and save the City, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the City and shall be built with labor and materials furnished by the Contractor without expense to the City. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the Work. With the written consent of the Engineer, the buildings and utilities may be abandoned and need not be removed.

The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work.

The Contractor shall deliver, handle, and store products in accordance with manufacturer's written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery/installation coordination to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

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Products shall be transported by methods to avoid product damage and shall be delivered in undamaged condition in manufacturer's dry, unopened containers or packaging.

The Contractor shall provide equipment and personnel to handle products, materials, and equipment including those provided by City by methods to prevent soiling and damage.

The Contractor shall provide additional protection during handling to prevent marring and otherwise damaging products, packaging, and surrounding surfaces.

Products shall be stored in accordance with manufacturer's written instructions, with seals and labels intact and legible. Sensitive products shall be stored in weather-tight enclosures and temperature and humidity ranges shall be maintained within those required by the manufacturer's written instructions.

Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure products are undamaged and are maintained under required conditions.

Products subject to discoloration or deterioration from exposure to the elements shall be covered with impervious sheet material. Ventilation shall be provided to avoid condensation.

Loose granular materials shall be stored on clean, solid surfaces such as pavement, or on rigid sheet materials to prevent mixing with foreign matter.

Surface drainage shall be provided to prevent erosion and ponding of water.

Full compensation for Delivery, Storage, and Handling shall be considered as included in the prices paid for the various items of work and no separate payment will be made therefore. 10-1.08 COOPERATION
It is anticipated that work by another various utility owners will need to be conducted in coordination with the construction of the designation improvement to adjust existing manholes and valve covers to new grades. The contractor shall furnish access and coordinate construction operations to accommodate this work.

It shall be the responsibility of the contractor to work with the local utility companies to locate all underground utility service lines within the project limits prior to any excavation work. The Contractors attention is directed to the Section entitled “Compliance With One Call Underground Service Alert,” elsewhere in these Specifications
Underground Service Alert-Northern California (USA)
Telephone: 1 (800) 422-4133 or 1 (800) 227-2600
Comply with Section 5-1.20, "Coordination with Other Entities," of the Standard Specifications.

Full compensation for Cooperation shall be considered as included in the prices paid for the various items of work and no separate payment will be made, therefore.

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10-1.09 PROGRESS SCHEDULE (Not Used)
10-1.10 TEMPORARY UTILITIES
It shall be the Contractor’s responsibility to provide equipment that is adequate for the performance of the Work under this Contract within the time specified. All equipment shall be kept in satisfactory operating condition, shall be capable of safely and efficiently performing required Work, and shall be subject to inspection and approval by the City’s representative at any time within the duration of the Contract. All work hereunder shall conform to the applicable requirements of Cal-OSHA Construction Safety Orders.

All Work conducted at night or under conditions of deficient daylight when authorized by the Engineer, shall be suitably lighted to ensure proper Work and to afford adequate facilities for inspection and safe working conditions
All temporary connections for electricity shall be subject to approval of the Engineer and the power company representative and shall be removed in like manner at the Contractor’s expense prior to final acceptance of the Work by the City.

Unless otherwise permitted by the Engineer, circuits separate from lighting circuits shall be used for all power purposes.

All wiring for temporary electric light and power shall be properly installed and maintained and shall be securely fastened in place.

Contractor shall be responsible for providing construction water. If the Contractor intends to use water from the Water Provider’s fire hydrants, the Contractor will be required to apply for a water construction meter and pay for all charges required by the Water Provider. The Contractor shall provide all facilities necessary to convey the water from the water source to the points of use in accordance with the requirements of the Contract Documents.

The Contractor will be responsible for all water charges from the Water Provider’s fire hydrants during construction.

The Contractor shall not make connection to, or draw water from, any fire hydrant or pipeline without first obtaining permission of the Water Provider for the use of said fire hydrant or pipeline.

For each such connection made, the Contractor shall first attach to the fire hydrant or pipeline a valve and a meter of a size and type acceptable to the Water Provider. The Contractor shall contact the Water Provider for specific requirements for water usage and charges.

Contractor shall be solely responsible for the adequate functioning of its water supply system and shall be solely liable for any claims arising from the use of same, including discharge or waste of water therefrom.

Before final acceptance of the Work on the project, all temporary connections and piping installed by the Contractor shall be entirely removed, and all affected improvements shall be restored to their original condition, or better, to the satisfaction of Engineer, the City, and/or other agency City of Hughson
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owning the affected utility.

Fixed or portable chemical toilets shall be provided wherever needed for the use of employees.

The Contractor shall establish a regular daily collection of all sanitary and organic wastes. All wastes and refuse from sanitary facilities provided by the Contractor or organic material wastes from any other source related to the Contractor's operations shall be disposed of away from the site in a manner satisfactory to the Engineer and in accordance with all laws and regulations pertaining thereto.

Full compensation for providing, maintaining, and removing Temporary Utilities shall be considered as included in the contract price paid for under the lump sum Contract bid item for Mobilization/DeMobilization, and no separate payment will be made, therefore. 10-1.11 NOT USED
10-1.12 DUST CONTROL
Dust control shall conform to the provisions of Section 10-5, “Dust Control”, of the Standard Specifications and these special Provisions.

Full compensation for dust control shall be considered as included in the prices paid for the various items of work and no separate payment will be made therefore. 10-1.13 SITE ACCESS AND PARKING
The Contractor shall take all necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be illuminated at night, and all lights shall be kept burning from sunset until sunrise. The Contractor shall station such guards or flaggers and shall conform to such special safety regulations relating to traffic control as may be required by the public authorities within their respective jurisdictions. All signs, signals, and barricades shall conform to the requirements of Article 11 of Cal-OSHA Construction Safety Orders.

The Contractor shall make its own investigation of the condition of available public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress to and from the site of the Work. It shall be the Contractor's responsibility to construct and maintain any access or haul roads required for its construction operations.

Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, alley, way, or parking area during the performance of the Work hereunder, and it shall so conduct its operations so as not to interfere unnecessarily with the authorized work of the City, utility companies, or other agencies in such streets, alleys, ways, or parking areas.

No street shall be closed to the public without first obtaining the permission of the Engineer, the City of Hughson
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City, and other proper governmental authority, where applicable. Where excavation is being performed in primary streets or highways, one lane of traffic shall be kept open in each direction at all times unless otherwise provided in the Contract Documents or under the terms of the permits issued by the City, County, State, or other public agencies, as required.

Toe boards shall be provided to restrict movement of excavated material if required by the Engineer, the City, or other Agency having jurisdiction over the affected street or highway.

Fire hydrants on or adjacent to the Work shall be kept accessible to firefighting equipment at all times.

Temporary provisions shall be made by the Contractor to assure the use of sidewalks and the proper functioning of all gutters, sewer inlets, and other drainage facilities.

Wherever necessary or required for the convenience of the public or individual residents or business places at street or highway crossings, private driveways, or elsewhere, the Contractor shall provide suitable temporary bridges or steel plates over unfilled excavations, except in such cases as the Contractor shall secure the written consent of the individuals or authorities concerned to omit such temporary bridges or steel plates, which written consent shall be delivered to the Engineer prior to beginning the excavation. All such bridges or steel plates shall be maintained in service until access is provided across the backfilled excavation.

For the protection of traffic in public or private streets and ways, the Contractor shall provide, place, and maintain all necessary barricades, traffic cones, warning signs, lights, and other safety devices in accordance with the requirements of the current edition of California Manual of Uniform Traffic Control Devices as published by State of California, Department of Transportation. Traffic control shall be subject to the requirements of Article 11 of Cal-OSHA Construction Safety Orders and these Contract Documents.

If closure of any street is required during construction, a formal application for a street closure shall be made to the City at least 30 days prior to the required street closure in order for the City to determine the necessary signing and detour requirements to be provided by the Contractor.

Full compensation for site access and parking shall be considered as included in the contract price paid for under the lump sum Contract bid item for Mobilization/De-Mobilization, and no separate payment will be made therefore.
10-1.14 WATER POLLUTION CONTROL

GENERAL

SUMMARY
Contractor shall be responsible for preparation and implementation of a BMP (Best Management Practices) List, subject to approval by the City Engineer. The list shall include practices to protect areas receiving storm water runoff from the project site or construction support facilities. The plan may utilize the practices recommended in the latest California Storm Water Best Management Practices Construction Handbook available at www.casqa.com.

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SUBMITTALS
If you operate construction support facilities, protect storm water systems or receiving waters from the discharge of potential pollutants by using WPC Best Management Practices (BMPs).

Construction support facilities include:

1. Staging areas

2. Storage yards for equipment and materials

3. Mobile operations

4. Batch plants for PCC and HMA

5. Crushing plants for rock and aggregate

6. Other facilities installed for your convenience such as haul roads

IMPLEMENTATION REQUIREMENTS

BMP IMPLEMENTATION
Monitor the National Weather Service Forecast Office on a daily basis.

Whenever you or the Engineer identifies a deficiency in the implementation of the approved BMP list:

1. Correct the deficiency immediately, unless the Engineer agrees to a later date for making the correction

2. Correct the deficiency before precipitation occurs
If you fail to correct the deficiency by the agreed date or before the onset of precipitation, the Department may correct the deficiency and deduct the cost of correcting the deficiency from payment.

Continue BMP implementation during any temporary suspension of work activities.

Install BMP practices within 15 days or before predicted precipitation, whichever occurs first.

INSPECTION
The BMP Manager must prepare BMP status reports that include the following:

1. Location and quantity of installed BMP practices

2. Location and quantity of disturbed soil for the active or inactive areas Within 24 hours of finishing the weekly inspection, the BMP Manager must submit:

1. Copy of the completed site inspection report

2. Copy of the BMP status report

PAYMENT
Full compensation for water pollution control shall be considered as included in the prices paid for City of Hughson
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the various items of work and no separate payment will be made, therefore. 10-1.15 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES
Flagging, signs, and temporary traffic control devices furnished, installed, maintained, and removed when no longer required shall conform to the provisions of the latest edition of the California Manual of Uniform Traffic Control Devices (CAMUTCD) and these special provisions.

All traffic control devices including cones, barricades, signs, etc. shall be new or unblemished.

Category 1 temporary traffic control devices are defined as small and lightweight (less than 45 kg) devices. These devices shall be certified as crashworthy by crash testing, crash testing of similar devices, or years of demonstrable safe performance. Category 1 temporary traffic control devices include traffic cones, plastic drums, portable delineators, and channelizers.

If requested by the Engineer, the Contractor shall provide written self-certification for crashworthiness of Category 1 temporary traffic control devices at least 5 days before beginning any work using the devices or within 2 days after the request if the devices are already in use.

Self-certification shall be provided by the manufacturer or Contractor and shall include the following:

A. Date,
B. Federal Aid number (if applicable),
C. Contract number, City, county, route and kilometer post of project limits, D. Company name of certifying vendor, street address, city, state and zip code, E. Printed name, signature and title of certifying person; and F. Category 1 temporary traffic control devices that will be used on the project.

The Contractor may obtain a standard form for self-certification from the Engineer.

Category 2 temporary traffic control devices are defined as small and lightweight (less than 45 kg) devices that are not expected to produce significant vehicular velocity change, but may cause potential harm to impacting vehicles. Category 2 temporary traffic control devices include barricades and portable sign supports.

Category 2 temporary traffic control devices shall be on the Federal Highway Administration's (FHWA) list of Acceptable Crashworthy Category 2 Hardware for Work Zones.

Category 2 temporary traffic control devices that have not received FHWA acceptance shall not be used. Category 2 temporary traffic control devices in use that have received FHWA acceptance shall be labeled with the FHWA acceptance letter number and the name of the manufacturer. The label shall be readable and permanently affixed by the manufacturer. Category 2 temporary traffic control devices without a label shall not be used.

If requested by the Engineer, the Contractor shall provide a written list of Category 2 temporary traffic control devices to be used on the project at least 5 days before beginning any work using the devices or within 2 days after the request if the devices are already in use.

Full compensation for providing self-certification for crashworthiness of Category 1 temporary City of Hughson
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traffic control devices and for providing a list of Category 2 temporary traffic control devices used on the project shall be considered as included in the contract price paid for Traffic Control Plan and Implementation System, and no additional compensation will be allowed therefore. 10-1.16 TRAFFIC CONTROL PLAN AND IMPLEMENTATION
Please note that all Flagging Costs for Traffic Control will be paid solely by the Contractor and full compensation for performing this work will be paid under the lump sum bid item for TRAFFIC CONTROL PLAN AND IMPLEMENTATION and no additional compensation will be allowed therefore.

CONSTRUCTION AREA SIGNS
Construction area signs for temporary traffic control shall be furnished, installed, maintained, and removed when no longer required in conformance with the provisions of California Manual of Uniform Traffic Control Devices (CAMUTCD) and these special provisions.

All construction area signs shall be new or unblemished.

One C18 sign and One C13 sign shall be posted on each approach/departure from the construction work area. Locations of the signs shall be approved by the Engineer.

Signs may be ported on temporary post supported by cross braces, rather than by digging holes for posts. Where such cross braces are used, no braces shall extend into the traveled way or a sidewalk.

Unless otherwise shown on the plans or specified in these special provisions, the color of construction area warning and guide signs shall have black legend and border on orange background, except W10-1 or W47(CA) (Highway-Rail Grade Crossing Advance Warning) sign shall have black legend and border on yellow background.

Orange background on construction area signs shall be fluorescent orange.

Repair to construction area sign panels will not be allowed, except when approved by the Engineer.

At nighttime under vehicular headlight illumination, sign panels that exhibit irregular luminance, shadowing or dark blotches shall be immediately replaced at the Contractor's expense.

The Contractor shall notify the appropriate regional notification center for operations of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing any excavation for construction area sign posts. The regional notification centers include but are not limited to the following:

Underground Service AlertNorthern California (USA) Telephone: 1 (800) 227-2600 All excavation required to install construction area signs shall be performed by the hand methods without the use of power equipment; except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes.

The Contractor shall maintain accurate information on construction area signs. Signs that are no longer required shall be immediately covered or removed. Signs that convey inaccurate City of Hughson
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information shall be immediately replaced or the information shall be corrected. Covers shall be replaced when they no longer cover the signs properly. The Contractor shall immediately restore to the original position and location any sign that is displaced or overturned, from any cause, during the progress of work.

Construction area signs shown on the plans, unless otherwise specified in the special provisions, will be paid for on a lump sum basis, which lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing construction area signs required for the direction of public traffic through or around the work and for erecting or placing, maintaining (including covering and uncovering as needed) and, when no longer required, removing construction area signs at locations shown on the plans.

Full compensation for furnishing, erecting, maintaining and removing any additional construction area signs the Contractor may deem necessary will be considered as included in the lump sum price paid for Traffic Control Plan and Implementation System and no additional compensation will be allowed therefore.
10-1.17 MAINTAINING TRAFFIC
Attention is directed to Sections 7-1.03, "Public Convenience," 7-1.04, "Public Safety," and Section 12” Temporary Traffic Control,” of the Standard Specifications and to the Section entitled, "Public Safety," elsewhere in these special provisions, and these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.04.

The Contractor will not be allowed to close streets. One lane of through traffic shall be maintained at all times with appropriate Signage, Personnel and safety equipment to safely direct traffic through the construction area, unless the contractor submits to the City Engineer a proposed detour plan.

Detour plan shall meet the criteria for detour plans as shown in the latest edition of the California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Zones.

The City Engineer, and the Director of Public Works; shall approve Detour Plan, copies shall be sent to the Sheriff’s Department and Local Fire Agencies and Emergency Organizations, i.e.

Hospitals and Ambulance services. Said Detour Plan shall clearly state the dates and times of closure. Closures shall only be allowed during working hours, and the roadway shall be made passable for passenger type vehicles at the close of the work each day.

The Contractor shall be responsible for all barricades, delineators, cones, reflective media, signs and other traffic control measures necessary for the safe control of traffic and protection of the work. by the construction, 5 days prior to the beginning of construction. The public notice shall be submitted to the City and Engineer for review and approval prior to distribution.

The Contractor shall also place "TEMPORARY NO PARKING" signs, in the areas of construction a minimum of 48 hours prior to beginning work for, AC Paving, and Curb and Gutter Replacement, as necessary for striping and placement of signs.

The Contractor shall notify in writing all residents, commercial establishments and others affected The Contractor is responsible for the repair of any damage done by emergency or other vehicles, inadvertent or not.

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The Contractor shall review with the City Engineer, Project Engineer and the Chief of Police, his/her proposed method of barricading and signing in the field and shall comply with any request they may make. Said review shall be at least 48 hours in advance of construction. Contractor shall also notify in writing the City Engineer, the County Fire Departments, and Sheriffs Department of his/her proposed construction schedule.

Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders including any section closed to public traffic.

The Contractor shall notify local authorities of the Contractor's intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make arrangements relative to keeping the working area clear of parked vehicles.

Whenever work vehicles or equipment are parked on the shoulder within 1.8 m (6 ft) of a traffic lane, the shoulder area shall be closed with fluorescent orange traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 7.5-meter (24-ft) intervals to a point not less than 7.5 m (24 ft) past the last vehicle or piece of equipment. A minimum of 9 traffic cones or portable delineators shall be used for the taper. A W20-1 (ROAD WORK AHEAD) or W21-5b (RIGHT/LEFT SHOULDER CLOSED AHEAD) or C24(CA) (SHOULDER WORK AHEAD) sign shall be mounted on a portable sign stand with flags. The sign shall be placed where designated by the Engineer. The sign shall be a minimum of 1200 mm x 1200 mm (48in x 48in) in size. The Contractor shall immediately restore to the original position and location a traffic cone or delineator that is displaced or overturned, during the progress of work.

The Contractor shall use new flashing barricades where work is to be delineated or protected during nights and weekends.

A minimum of one traffic lane, not less than 10 ft wide, shall be open for use by public traffic in each direction of travel.

The contractor shall provide a traffic control plan for approval prior to be beginning work on the project. Traffic control plans shall be specific to the project area, showing appropriate lane usage, turn pockets and side streets, and shall conform to the provisions of the CAMUTCD.

Full compensation for performing all of the work required under these Special Provisions shall be paid under the lump sum bid item for Traffic Control Plan and Implementation System and no additional compensation will be allowed, therefore.
10-1.18 EXISTING HIGHWAY FACILITIES
The work performed in connection with various existing facilities shall conform to the provisions in Section 15, “Existing Facilities,” of the Standard Specifications and these special provisions.

PROTECTION OF EXISTING UTILTIES
The Contractor shall be responsible for the protection of existing pipelines, manholes, catch basins, valve boxes and other utility structures that are to remain within the roadway work area. Any such utility facilities that are damaged from roadway excavation work performed by the Contractor shall be either repaired or replaced to the satisfaction of the Engineer at no cost to the City, in accordance with Section 7-1.11, “Preservation of Property.” of the State Standard Specifications.

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PROTECT MISCELLANEOUS FACILITIES
All existing facilities that are located outside of the limits of new construction, including adjacent facilities or facilities to be joined to, and all existing facilities called out to “Protect” on the construction drawings, shall be protected in place as indicated. All existing miscellaneous facilities shall be protected in place or relocated to nearby locations appropriate for accommodating pedestrian traffic through the newly constructed facilities. All buildings and store fronts, including miscellaneous facilities that are a part of the store frontages, shall be protected in place unless otherwise noted on the construction drawings. All existing trees shall be protected in place, unless otherwise noted on the plans.

Full compensation for furnishing all labor, materials, tools equipment, and incidentals required to protect miscellaneous facilities shall be considered as included in the contract price paid per the various items of work involved and no additional compensation will be allowed therefore.

REMOVE MISCELLANEOUS FACILITIES
All existing facilities that are located within the limits of new construction and are called out to “Remove” on the construction drawings, or will require removal in order to install new improvements and is not designated for protection or relocation, shall be removed and disposed of by the contractor.

Full compensation for all work under this section shall be considered as included in the prices paid for the various items of work and no separate payment will be made, therefore. 10-1.19 PRESERVATION OF PROPERTY
Attention is directed to the provisions in Section 5-1.36, "Property and Facility Preservation," of the Standard Specifications and these special provisions.

PROTECTION
The Contractor shall protect all private and public property and shall replace, repair, or pay for any damage thereto.

NOTICE TO PROPERTY OWNERS AND TENANTS
The Contractor shall give a written notice to all property owners adjacent to and affected by his/her work at least five (5) working days in advance of beginning the work, indicating the work to be performed and the approximate length of time that the property owner or tenant will be affected by his/her operations.

ACCESS
Access shall be provided to all businesses and residences at all times. The Contractor shall conduct his/her operations so as to cause the least inconvenience to both vehicular and pedestrian access.

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Existing trees, shrubs and other plants, that are not to be removed as shown on the plans or specified elsewhere in these special provisions and are injured or damaged by reason of the Contractor's operations, shall be replaced by the Contractor. Damaged or injured plants shall be removed and disposed of.

Replacement planting of injured or damaged trees, shrubs and other plants shall be completed not less than 20 working days prior to acceptance of the contract. Replacement plants shall be watered as necessary to maintain the plants in a healthy condition.

Full compensation for all work under this section shall be considered as included in the prices paid for the various items of work and no separate payment will be made, therefore. 10-1.20 UTILITIES
It shall be the obligation of the Contractor to notify the various utility companies at least three (3) days in advance of closing and/or tearing up of the street affecting said utility companies.

It shall be the obligation of the Contractor to immediately notify the affected utility company if relocation of any utilities will be required.

Refer to Section 5-1.36C, “Nonhighway Facilities,” of the Standard Specifications and these special provisions (including Utilities) for utility coordination scheduling details.

Full compensation for providing utility notifications, potholing, and coordination shall be considered as included in the prices paid for the various items of work and no separate payment will be made therefore.
10-1.21 DEMOLITION, CLEARING AND GRUBBING
Demolition, Clearing and Grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions.

Vegetation shall be cleared and grubbed only within the excavation and embankment slope lines.

Existing vegetation outside the areas to be cleared and grubbed shall be protected from injury or damage resulting from the Contractor's operations.

Activities controlled by the Contractor, except cleanup or other required work, shall be confined within the graded areas of the roadway.

Nothing herein shall be construed as relieving the Contractor of the Contractor's responsibility for final cleanup of the street as provided in Section 4-1.13, "Cleanup," of the Standard Specifications.

Full compensation for demolition, clearing and grubbing, and site demolition of the facilities specified herein shall be considered as included in the prices paid for the various items of work and no separate payment will be made therefore.

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APPENDIX A

STANDARD PLANS

Hughson City CouncilApril 22, 2024

Hughson City Council
April 22, 2024