Hughson City Council
July 27, 2026

City Council Agenda July 27, 2026
1 1916506-1

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

REGULAR CITY COUNCIL MEETING
Hughson City Hall – 7018 Pine Street Hughson, California MONDAY, JULY 27, 2026 - 6:00 P.M.

CALL TO ORDER: Mayor George Carr
ROLL CALL: Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Julie Ann Strain
Councilmember Alan McFadon
Councilmember Susana Vasquez
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 July 27, 2026
2 1916506-1
FLAG SALUTE: Mayor George Carr
INVOCATION: Hughson Ministerial Association

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

Please limit presentations to three 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: Proclamation Declaring August 4, 2026, as National Night Out

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: Approve the Minutes of the Special Meeting of July 14, 2026.

3.2: Approve the Warrants.

3.3: Approve Amendment 1 to the Walnut Orchard Lease Agreement with Mid Valley Nut Company (dba The B.A.M. Limited Partnership) for the City-owned property located on Leedom Road (Lower Ponds) near the Wastewater Treatment Facility and Authorize the City Manager to execute the Amendment inclusive of any final edits by the City Attorney.

3.4: Adopt Resolution No. 2026-22, Establishing the Annual Special Tax for the City of Hughson, Province Place Community Facilities District, 2017 for Fiscal Year 2026-27; and Adopt Resolution No. 2026-23, Establishing the Annual Special Tax for the City of Hughson Community Facilities District (Parkwood), for Fiscal Year 2026-2027; and Direct the Harris & Associates Assessment Engineer to file, or cause to be filed, certified copies of said Resolutions and the reports with the Stanislaus County Tax Collector.

3.5: Approve designating Councilmember Alan McFadon as the Voting Delegate for the League of California Cities Annual Conference and Expo, scheduled for September 23–25, 2026, at the Anaheim Convention Center in Anaheim, California.

4. UNFINISHED BUSINESS: NONE

City Council Agenda July 27, 2026
3 1916506-1

5. PUBLIC HEARING:

5.1: Adopt Resolution No. 2026-24, confirming diagrams, assessments and reports and levying assessments for Fiscal Year 2026-27, for all Landscape and Lighting Districts and all Benefit Assessment Districts within the City of Hughson; and Direct Harris & Associates Assessment Engineer to file, or cause to be filed, a certified copy of said Resolutions and the report for each Assessment District with the Stanislaus County Tax Collector.

6. NEW BUSINESS:

6.1: Authorize Staff to advertise and solicit competitive bids for the Hatch Road Lift Station Improvements Project; authorize the City Engineer to issue addenda, if necessary, during the bidding process; and direct staff to return to the City Council with the lowest responsive and responsible bid for consideration of contract award.

7. CORRESPONDENCE: NONE

8. COMMENTS:

A brief report on notable attendance at 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
Director of Finance
Community Development Director
Police Services
City Attorney

8.2: Council Comments:

9. CLOSED SESSION:

9.1: CONFERENCE WITH LABOR NEGOTIATORS pursuant to Govt. Code Sec. 54957.6 Agency Negotiators: City Attorney
Unrepresented Employee: City Manager

10. UNFINISHED BUSINESS:

10.1: Provide Direction on Amendments to the City Manager’s Employment Agreement.

11. ADJOURNMENT:

City Council Agenda July 27, 2026
4 1916506-1
The next regularly scheduled City Council meeting is Monday, August 10, 2026, 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.

UPCOMING EVENTS:

July 27 • City Council Meeting, City Council Chambers, 6:00 PM July 31 • Park After Dark Glow Mania Roller-skating, Rolland C. Starn Park, 6:00PM-9:00PM Aug 4 • National Night Out Event – Lebright Park, 6:00-9:00PM Aug 10 • City Council Meeting, City Council Chambers, 6:00 PM Aug 11 • Parks, Recreation and Entertainment Commission Meeting, City Council Chambers, 6:00 PM Aug 18 • Planning Commission Meeting, City Council Chambers, 6:00 PM Aug 24 • City Council Meeting, City Council Chambers, 6:00 PM

AFFIDAVIT OF POSTING
Date: July 24, 2026 Time: 5:00 PM
Name: Dominique Romo Title: City Manager

Meeting Date: July 27, 2026
Subject: 43rd Annual National Night Out - August 4, 2026 Presented By: Randy Crooker, Mayor Pro Tem
Recommended Council Action:

Declare August 4, 2026, as “National Night Out”.

Overview:

To promote strong police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, more caring places to live and work, the City and Hughson Police Services continue to partner for National Night Out.

CITY COUNCIL AGENDA ITEM NO. 2.1
SECTION 2: PRESENTATIONS

Proclamation

43RD ANNUAL NATIONAL NIGHT OUT
August 4, 2026
WHEREAS, the National Association of Town Watch (NATW) sponsors a national community-building campaign every year on the First Tuesday in August entitled “National Night Out”; and WHEREAS, the National Night Out campaign provides a unique opportunity for neighbors in Hughson to join forces with over 38 million neighbors and over 16,000 communities from all fifty states, in promoting cooperative police-community crime prevention efforts; and
WHEREAS, the Hughson City Council plays a vital role in assisting Hughson Police Services through joint crime prevention efforts in the City of Hughson and is supporting National Night Out locally; and

WHEREAS, it is essential that all citizens of the City of Hughson be aware of the importance of crime prevention programs, and the impact that their participation can have on reducing crime, drugs, and violence in Hughson; and
WHEREAS, Police-Community partnerships, neighborhood safety, awareness, and camaraderie are important themes of the National Night Out program.

NOW, THEREFORE, I, Randy Crooker, by virtue of authority vested in me as the Mayor Pro Tem of the City of Hughson, do hereby proclaim Tuesday, August 4, 2026, as the 43rd Annual National Night Out in the City of Hughson, and urge all citizens of the City of Hughson to join Hughson Police Services, the National Association of Town Watch, and their sponsors and in supporting the local National Night Out event on August 4th from 6:00- 9:00pm at Lebright Park.
______________________________

RANDY CROOKER

MAYOR PRO TEM OF THE CITY OF HUGHSON
July 27, 2026

CITY COUNCIL AGENDA ITEM NO. 3.1
SECTION 3: CONSENT CALENDAR
Meeting Date: July 27, 2026
Subject: Approval of the City Council Minutes
Presented By: Dominique Romo, City Manager
Approved By:
____________________________
City Manager
______________________________________________________________________________ Recommendation:

Approve the Minutes of the Special Meeting of July 14, 2026.

City Council Minutes July 14, 2026
1 1916506-1
City of Hughson

SPECIAL CITY COUNCIL MEETING
Hughson City Hall – 7018 Pine Street Hughson, California TUESDAY, JULY 14, 2026 - 6:00 P.M.

CALL TO ORDER: Mayor George Carr
ROLL CALL:

Present: Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Julie Ann Strain
Councilmember Alan McFadon
Councilmember Susana Vasquez
Staff Present: Dominique Romo, City Manager
Andy Pinasco, City Attorney
Kim Weimer, Director of Finance and Administrative Services Carla C. Jauregui, Community Development Director
Brock Dias, Chief of Police Services
Nicklaus Stephens, City Engineer
FLAG SALUTE: Mayor George Carr
INVOCATION: Mayor George Carr

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

Cindy Spiro with the Hughson Historical Society personally invited the Council and community to attend the 24th Annual Long-Standing Citizen Appreciation Dinner on August 1, 2026. This year they will be honoring Marie and Frank Assali and the Cleo H. and Joyce D. Barth Family.

Mayor Carr spoke on behalf of resident Adrian Ramirez regarding concerns related groundwater pollution.

MINUTES

HUGHSON CITY COUNCIL

City Council Minutes July 14, 2026
2 1916506-1

2. PRESENTATIONS: NONE.

The Council adjourned into Closed Session at 6:10 PM to discuss Agenda Item 9.1. Mayor Carr and Councilmember Vasquez recused themselves and did not participate in the Closed Session discussion.

The Council reconvened from Closed Session at 6:43 PM after addressing one of the cases listed under Agenda Item 9.1. The Council unanimously rejected both the late claim application and the claim for damages, with all Councilmembers present for the duration of the item voting in favor of rejection. Mayor Carr and Councilmember Vasquez remained recused and did not participate in this Closed Session.

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: Approve the Minutes of the Regular Meeting of June 22, 2026.

3.2: Approve the Warrants.

3.3: Approve the Treasurer’s Report for the Month Ended of May 2026.

3.4: Reject the Claim for Damages filed by Sherry Marie Marquez (Date of Occurrence: 6/1/2026).

3.5: Adopt Resolution No. 2026-18, approving the Amendment to Professional Service Agreement with CSG Consultants for contract plan review and building inspection services and Authorize the City Manager to execute the Amendment inclusive of any final edits by the City Attorney.

3.6: Adopt Resolution No. 2026-19, directing the filing of the Annual Reports for Fiscal Year 2026- 27 for the Special Assessment Districts (Landscaping and Lighting Districts, Benefit Assessment Districts, and Community Facility District); and Adopt Resolution No. 2026-20, declaring the City Council’s Intent to Levy and Collect Assessments for Fiscal Year 2026-27 for the City of Hughson Landscaping and Lighting Districts, Benefit Assessment Districts, and Community Facility Districts and to set the Public Hearing for the July 27, 2026, City Council meeting.

3.7: Adopt Resolution No. 2026-21, accepting the Hughson Downtown Lighting Project as complete and authorizing the City Manager to file a Notice of Completion with the Stanislaus County Clerk-Recorder.

Mayor Pro Tem Crooker pulled Item 3.7 for discussion.

STRAIN/MCFADON 5-0 motion passes unanimously to approve Consent Calendar Items 3.1 through 3.6 as presented.

City Council Minutes July 14, 2026
3 1916506-1
Mayor Pro Tem Crooker asked what the original budget was for the Hughson Downtown Lighting Project was. CDD Jauregui advised $87,000 but would confirm and provide a follow-up via email. She also advised that the project did not exceed the approved contingency for the project.

CROOKER/CARR motion passes 5-0 unanimously approving Consent Calendar Item 3.7.

4. UNFINISHED BUSINESS:

4.1: Consider and/or Provide Direction regarding the proposed sign for Euclid Park in memory of Dinella “Danee” Madrigal.

City Manager Romo presented the staff report on this item. Council deliberated on this item.

VASQUEZ/STRAIN 5-0 motion passes unanimously approving the design and location of the monument at Euclid Park, Public Works staff to assist with the placement of the sign and bringing the funding mechanism of the monument back to Council to be reported on at a future meeting.

5. PUBLIC HEARING: NONE

6. NEW BUSINESS:

6.1: Authorize Staff to advertise and solicit competitive bids for the Seventh Street Frontage Improvements and Utility Upgrade Project; Authorize the City Engineer to issue addenda, if necessary, during the bidding process; and direct staff to return to the City Council with the lowest responsive and responsible bid for consideration of contract award.

CDD Jauregui and City Engineer Stephens presented the staff report on this item.

Council deliberated on this item and shared concerns about traffic and congestion in the high school area during the construction of the project. City Engineer Stephens advised that they would address these concerns as best as possible, including keeping Police Services informed of the project timeline so they can assist with proper traffic enforcement where needed.

Resident Adrian Ramirez shared his concerns with traffic and speeding and was happy that law enforcement would be included to help with the concerns during construction.

CARR/MCFADON 5-0 motion passes unanimously approving staff to advertise and solicit competitive bids for the Seventh Street Frontage Improvements and Utility Upgrade Project; for the City Engineer to issue addenda, if necessary, during the bidding process; and for staff to return to the City Council with the lowest responsive and responsible bid for consideration of contract award.

7. CORRESPONDENCE: NONE

City Council Minutes July 14, 2026
4 1916506-1

8. COMMENTS:

A brief report on notable attendance at 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 Romo updated Council on her attendance at the State of the County and that the Nominations period for the General Election is now open and will on August 7, 2026.

Community Development Director Jauregui updated Council on an upcoming private property weed abatement item, Park After Dark, Well 9 filter replacement, the Housing Element, and thanked Public Works staff for their work.

8.2: Council Comments:

Councilmember Vasquez thanked Community Development staff for their work on the Park After Dark Events.

9. CLOSED SESSION: Council adjourned into Closed Session at 7:17 PM.

9.1: Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) or (d)(3): two cases

9.2: Public Employee Performance Evaluation
Title: City Manager
Council returned from Closed Session at 7:31 PM. All Councilmembers were present for the duration of the meeting. No reportable action was taken.

10. ADJOURNMENT:

CROOKER/STRAIN 5-0 motion passes unanimously adjourning the meeting at 7:31 PM.

APPROVED:
___________________________
GEORGE CARR, Mayor
ATTEST:
______________________________
DOMINIQUE ROMO, City Manager

Meeting Date: July 27, 2026
Subject: Approval of Warrants Register
Presented By: Kim Weimer, Director of Finance
Approved By: ___________________________
Dominique Romo, City Manager
Recommended Council Action:

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 July 7, 2026, through July 21, 2026.

Fiscal Impact:

There are reductions in various funds for payment of expenses.

CITY COUNCIL AGENDA ITEM NO. 3.2
SECTION 3: CONSENT CALENDAR

7/21/2026 4:44:18 PM Page 1 of 7
Check Report
Hughson By Check Number
Date Range: 07/07/2026 - 07/21/2026
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
01603 Amazon Capital Services, Inc. 07/09/2026 Regular 0.00 455.70 61038 13YK-QQTV-3J71 Invoice 06/13/2026 P & R Events - PAD 0.00 356.01 1KDG-QQFJ-HP6K Invoice 06/25/2026 Office Supplies- PAPER 0.00 40.36 1KQC-KC6W-DGJK Invoice 06/15/2026 P & R event - Color run 0.00 59.33 00091 AT&T 07/09/2026 Regular 0.00 1,000.00 61039
INV0016287 Invoice 06/16/2026 Refund of encroachment deposit- ENCR25… 0.00 500.00 INV0016288 Invoice 06/16/2026 Refund of encroachment deposit- ENCR25… 0.00 500.00 00210 California Building Standards Commission 07/09/2026 Regular 0.00 277.20 61040 INV0016286 Invoice 06/30/2026 Green Building fees 2nd QTR 2026 0.00 277.20 00878 CASH 07/09/2026 Regular 0.00 154.32 61041
INV0016291 Invoice 06/30/2026 Petty Cash - 1/14/26 - 6/30/26 0.00 154.32 02046 Clayton K. Casey MD Inc. A Professional Medical Corp. 07/09/2026 Regular 0.00 70.00 61042 EM003033 Invoice 06/30/2026 UDS Collection - Flores & Fullen 0.00 70.00 02097 Continental Republic Capital, LLC 07/09/2026 Regular 0.00 2,865.33 61043 465 Invoice 06/30/2026 Extra Help - PW 06.27.2026 0.00 2,865.33 01570 CSG Consultants 07/09/2026 Regular 0.00 9,834.25 61044 66556 Invoice 06/30/2026 Professional Services- 4/25/26 - 5/29/26 0.00 8,060.00 B260229 Invoice 03/02/2026 Building Plan Review Services - Feb 2026 0.00 792.75 B260750 Invoice 06/01/2026 Building Plan Review Services - May 2026 0.00 981.50 01616 De Novo Planning Group 07/09/2026 Regular 0.00 5,452.50 61045 5146 Invoice 06/18/2026 Professional Services thorugh June 18th 0.00 5,452.50 00395 DENAIR LUMBER CO 07/09/2026 Regular 0.00 411.40 61046 2156334 Invoice 06/10/2026 lumber for trailers 0.00 411.40 00406 Department of Conservation 07/09/2026 Regular 0.00 248.94 61047 INV0016285 Invoice 06/30/2026 SMIP Fees dues to state 2nd qtr 2026 0.00 248.94 01340 DIVISION OF THE STATE ARCHITECT 07/09/2026 Regular 0.00 78.80 61048 INV0016289 Invoice 06/29/2026 Disability Access & Education Fee 1st Qtr … 0.00 78.80 00462 EWING IRRIGATION PRODUCTS 07/09/2026 Regular 0.00 -1,410.93 61049 00462 EWING IRRIGATION PRODUCTS 07/09/2026 Regular 0.00 1,410.93 61049 23304425 Invoice 06/17/2026 Ewing Blanket PO 0.00 1,214.64 23304425. Invoice 06/17/2026 irrigation supplies 0.00 196.29 00464 EZ NETWORK SYSTEMS, INC. 07/09/2026 Regular 0.00 1,830.77 61050 TS48722 Invoice 06/22/2026 WWTP IT blanket 0.00 1,830.77 00475 FGL ENVIRONMENTAL 07/09/2026 Regular 0.00 3,470.00 61051 636760A Invoice 06/30/2026 FGL WW blanket po 0.00 145.00 636767A Invoice 06/22/2026 DW FGL Blanket PO 0.00 114.00 636768A Invoice 06/22/2026 DW FGL Blanket PO 0.00 114.00 637279A Invoice 06/30/2026 FGL WW blanket po 0.00 218.00 637531A Invoice 06/30/2026 FGL WW blanket po 0.00 145.00 637879A Invoice 06/30/2026 FGL WW blanket po 0.00 253.00 637880A Invoice 06/30/2026 FGL WW blanket po 0.00 238.00 637881A Invoice 06/22/2026 DW FGL Blanket PO 0.00 106.00 637882A Invoice 06/22/2026 DW FGL Blanket PO 0.00 144.00 637883A Invoice 06/22/2026 DW FGL Blanket PO 0.00 144.00

Check Report Date Range: 07/07/2026 - 07/21/2026
7/21/2026 4:44:18 PM Page 2 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 637884A Invoice 06/22/2026 DW FGL Blanket PO 0.00 210.00 637885A Invoice 06/22/2026 DW FGL Blanket PO 0.00 182.00 638170A Invoice 06/22/2026 DW FGL Blanket PO 0.00 78.00 638312A Invoice 06/22/2026 DW FGL Blanket PO 0.00 78.00 638349A Invoice 06/30/2026 FGL WW blanket po 0.00 145.00 638350A Invoice 06/22/2026 DW FGL Blanket PO 0.00 156.00 638351A Invoice 06/22/2026 DW FGL Blanket PO 0.00 134.00 638352A Invoice 06/22/2026 DW FGL Blanket PO 0.00 114.00 638433A Invoice 06/22/2026 DW FGL Blanket PO 0.00 78.00 638687A Invoice 06/26/2026 DW FGL Blanket PO 0.00 114.00 638688A Invoice 06/23/2026 DW FGL Blanket PO 0.00 106.00 638779A Invoice 06/26/2026 DW FGL Blanket PO 0.00 114.00 639160A Invoice 06/25/2026 DW FGL Blanket PO 0.00 78.00 639193A Invoice 06/29/2026 DW FGL Blanket PO 0.00 106.00 639215A Invoice 06/29/2026 DW FGL Blanket PO 0.00 78.00 639234A Invoice 06/29/2026 DW FGL Blanket PO 0.00 78.00 00527 GIBBS MAINTENANCE CO 07/09/2026 Regular 0.00 1,225.00 61052 18882 Invoice 06/30/2026 JANITOR SERVICES- June 2026 0.00 1,225.00 00528 GILTON SOLID WASTE MANAGE 07/09/2026 Regular 0.00 85,585.79 61053 526697 Invoice 05/15/2026 Street Sweeping Dump 0.00 1,633.84 May 2026 Invoice 06/30/2026 GARBAGE SERVICE- May 0.00 83,951.95 01254 HUGHSON AUTOMOTIVE 07/09/2026 Regular 0.00 706.84 61054 10854 Invoice 06/09/2026 tpms sensors 2017 f350 0.00 237.07 10861 Invoice 06/09/2026 Tpms sensors 2016 f150 0.00 469.77 00627 HUGHSON NAPA AUTO & TRUCK 07/09/2026 Regular 0.00 489.19 61055 428204 Invoice 06/02/2026 Napa Blanket PO Utilities 0.00 161.80 428315 Invoice 06/04/2026 Napa Fleet Blanket PO 0.00 168.88 428538 Invoice 06/09/2026 Napa Blanket PO PW 0.00 11.86 428545 Invoice 06/09/2026 Napa Blanket PO PW 0.00 16.38 428710 Invoice 06/11/2026 Napa Blanket PO PW 0.00 10.23 428915 Invoice 06/16/2026 Napa Blanket PO PW 0.00 10.78 428925 Invoice 06/16/2026 Napa Blanket PO PW 0.00 7.54
428981 Invoice 06/16/2026 Napa Blanket PO PW 0.00 12.55 429083 Invoice 06/18/2026 Napa Blanket PO PW 0.00 5.59
429136 Invoice 06/19/2026 Napa Blanket PO PW 0.00 12.79 429400 Invoice 06/26/2026 Napa Blanket PO PW 0.00 22.87 429420 Invoice 06/25/2026 Napa Fleet Blanket PO 0.00 20.33 429421 Invoice 06/25/2026 Napa Blanket PO PW 0.00 27.59 00659 J.B. Anderson Land Use Planning 07/09/2026 Regular 0.00 4,183.94 61056 854 Invoice 06/30/2026 General Planning Services - June 2026 0.00 4,183.94 01596 JHC LLC 07/09/2026 Regular 0.00 1,301.86 61057
26-OWR4-H-0026 Invoice 06/30/2026 SB1383 - Related Expenses 0.00 1,301.86 02108 Microbac Laboratories, Inc 07/09/2026 Regular 0.00 456.25 61058 725000395 Invoice 05/26/2026 microbac labs 0.00 90.00
725000882 Invoice 05/26/2026 microbac labs 0.00 90.00
725001078 Invoice 05/26/2026 microbac labs 0.00 90.00
725001079 Invoice 05/26/2026 microbac labs 0.00 90.00
726001557 Invoice 05/26/2026 microbac labs 0.00 96.25
00837 NORTHSTAR CHEMICAL 07/09/2026 Regular 0.00 1,814.51 61059 344101 Invoice 06/23/2026 northstar Blanket PO 0.00 1,814.51 01884 PACIFIC STORAGE COMPANY 07/09/2026 Regular 0.00 90.20 61060 2233617 Invoice 06/30/2026 RECORDS STORAGE- June 0.00 90.20 00879 PG & E 07/09/2026 Regular 0.00 157.03 61061

Check Report Date Range: 07/07/2026 - 07/21/2026
7/21/2026 4:44:18 PM Page 3 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0016290 Invoice 06/30/2026 UTILITIES 0.00 157.03
00902 PRICE FORD 07/09/2026 Regular 0.00 508.16 61062
29277 Invoice 06/09/2026 2016 f150 supercrew 0.00 508.16 01943 Quality Service, Inc. 07/09/2026 Regular 0.00 36,545.99 61063 39294 Invoice 06/05/2026 QSI contrated work WW 0.00 30,322.11 39295 Invoice 06/05/2026 QSI contracted work DW 0.00 6,223.88 01000 SEEGER'S 07/09/2026 Regular 0.00 172.60 61064
0147978-IN Invoice 06/08/2026 Business Cards - Ramos 0.00 172.60 01009 SHRED-IT USA LLC 07/09/2026 Regular 0.00 221.22 61065 8014796556 Invoice 06/19/2026 Shredding 0.00 221.22
01047 STANISLAUS COUNTY CLERK 07/09/2026 Regular 0.00 20.00 61066 INV0016284 Invoice 06/30/2026 Lien Release - 1517 Breton Ct. 0.00 20.00 02078 UniFirst Corporation 07/09/2026 Regular 0.00 957.60 61067 2360254705 Invoice 06/01/2026 unifirst Blanket PO 0.00 24.11 2360254712 Invoice 06/01/2026 unifirst Blanket PO 0.00 78.07 2360254889 Invoice 06/01/2026 unifirst Blanket PO 0.00 100.91 2360256313 Invoice 06/08/2026 unifirst Blanket PO 0.00 24.11 2360256321 Invoice 06/08/2026 unifirst Blanket PO 0.00 78.07 2360256325 Invoice 06/08/2026 unifirst Blanket PO 0.00 53.64 2360258303 Invoice 06/15/2026 unifirst Blanket PO 0.00 24.11 2360258307 Invoice 06/15/2026 unifirst Blanket PO 0.00 78.07 2360258313 Invoice 06/15/2026 unifirst Blanket PO 0.00 102.31 2360260040 Invoice 06/22/2026 unifirst Blanket PO 0.00 24.11 2360260289 Invoice 06/22/2026 unifirst Blanket PO 0.00 83.17 2360260290 Invoice 06/22/2026 unifirst Blanket PO 0.00 112.99 37003000047 Invoice 05/18/2026 unifirst Blanket PO 0.00 76.33 37003000105 Invoice 06/18/2026 unifirst Blanket PO 0.00 97.60 00005 United Site Services of California, Inc. 07/09/2026 Regular 0.00 80.78 61068 114-14253733 Invoice 06/30/2026 Fence Rental - June 0.00 80.78 01264 VERIZON WIRELESS 07/09/2026 Regular 0.00 76.02 61069 6146949981 Invoice 06/24/2026 TABLETS FOR SCADA 0.00 76.02 01220 WESTURF INC. 07/09/2026 Regular 0.00 169.01 61070 1058284 Invoice 04/21/2026 mower parts 0.00 169.01
01420 CALIFORNIA STATE DISBURSEMENT UNIT 07/10/2026 Regular 0.00 40.12 61071 INV0016213 Invoice 07/01/2026 INCOME WITHHOLDING FOR CHILD SUPP… 0.00 40.12 00614 HUGHSON FARM SUPPLY 07/13/2026 Regular 0.00 1,979.12 61072 H560322 Invoice 05/06/2026 hughson Farm Blanket PW 0.00 46.37 H560384 Invoice 05/06/2026 hughson Farm Blanket PW 0.00 24.37 H560388 Invoice 05/06/2026 hughson Farm Blanket PW 0.00 189.62 H560551 Invoice 05/07/2026 hughson Farm Blanket PW 0.00 51.69 H560935 Invoice 05/12/2026 hughson Farm Blanket PW 0.00 121.87 H561165 Invoice 05/14/2026 hughson Farm Blanket PW 0.00 48.16 H561190 Invoice 05/14/2026 blanket PO HFS utilities 0.00 12.83 H561285 Invoice 05/15/2026 blanket PO HFS utilities 0.00 28.04 H561395 Invoice 05/18/2026 hughson Farm Blanket PW 0.00 175.43 H561420 Invoice 05/18/2026 blanket PO HFS utilities 0.00 43.11 H561553 Invoice 05/19/2026 hughson Farm Blanket PW 0.00 23.43 H561570 Invoice 05/19/2026 hughson Farm Blanket PW 0.00 218.71 H561681 Invoice 05/20/2026 hughson Farm Blanket PW 0.00 86.24 H561693 Invoice 05/20/2026 hughson Farm Blanket PW 0.00 10.78 H561694 Invoice 05/20/2026 hughson Farm Blanket PW 0.00 2.58 H561698 Invoice 05/20/2026 blanket PO HFS utilities 0.00 20.69

Check Report Date Range: 07/07/2026 - 07/21/2026
7/21/2026 4:44:18 PM Page 4 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount H561766 Invoice 05/20/2026 hughson Farm Blanket PW 0.00 16.38 H561780 Invoice 05/20/2026 hughson Farm Blanket PW 0.00 140.15 H562152 Invoice 05/26/2026 hughson Farm Blanket PW 0.00 9.96 H562333 Invoice 05/27/2026 hughson Farm Blanket PW 0.00 4.95 H562431 Invoice 05/28/2026 hughson Farm Blanket PW 0.00 406.80 H562434 Invoice 05/28/2026 blanket PO HFS utilities 0.00 109.22 H562445 Invoice 05/28/2026 blanket PO HFS utilities 0.00 49.95 H562453 Invoice 06/30/2026 PW hughson farm blanket Po 0.00 86.29 H562504 Invoice 05/28/2026 hughson Farm Blanket PW 0.00 22.19 H562552 Invoice 05/29/2026 blanket PO HFS utilities 0.00 6.89 H562565 Invoice 06/30/2026 PW hughson farm blanket Po 0.00 18.11 H562621 Invoice 05/29/2026 blanket PO HFS utilities 0.00 4.31 01115 THE HOME DEPOT CRC 07/13/2026 Regular 0.00 1,224.77 61073 14827 Invoice 06/25/2026 PW home depot Blanket 0.00 813.91 381093 Invoice 06/15/2026 home depot Blanket PO Utilities 0.00 410.86 01257 1ST SECURITY & SOUND INC 07/14/2026 Regular 0.00 194.85 61083 0282143 Invoice 07/01/2026 Monitoring August - October 2026 0.00 194.85 00032 AFLAC 07/14/2026 Regular 0.00 285.20 61084
471254 Invoice 07/13/2026 AFLAC 0.00 285.20
00049 ALLIED ADMINISTRATORS 07/14/2026 Regular 0.00 2,640.07 61085 INV0016311 Invoice 08/01/2026 DELTA DENTAL- August 0.00 2,640.07 01603 Amazon Capital Services, Inc. 07/14/2026 Regular 0.00 40.17 61086 113T-Q9DW-GX3C Invoice 07/06/2026 Office Supplies- COFFEE 0.00 40.17 00284 CHARTER COMMUNICATION 07/14/2026 Regular 0.00 163.77 61087 170063901070126 Invoice 07/01/2026 IP ADDRESS- PINE ST 0.00 163.77 00364 CSJVRMA 07/14/2026 Regular 0.00 328,453.00 61088
INV0493 Invoice 03/26/2026 4th QTR Workers Comp 0.00 57,996.00 INV0493. Credit Memo 03/23/2026 4th QTR Workers Comp 0.00 -57,996.00 INV0551 Invoice 07/02/2026 26/27 1st QTR Deposits 0.00 328,453.00 01653 Delta Regional Monitoring Program 07/14/2026 Regular 0.00 2,575.00 61089 26-025 Invoice 07/13/2026 Monitoring Program 26/27 Phase II MS4 0.00 2,575.00 02072 GoTo Technologies USA, LLC 07/14/2026 Regular 0.00 437.19 61090 IN95AA1965025 Invoice 07/01/2026 Phones - JULY 0.00 437.19 01867 KIM WEIMER 07/14/2026 Regular 0.00 57.15 61091
INV0016309 Invoice 07/13/2026 Lunch of interview panel - CSR position 0.00 57.15 00776 MO-CAL OFFICE EQUIPMENT 07/14/2026 Regular 0.00 152.67 61092 AR1443290 Invoice 07/12/2026 Copies 0.00 152.67
00855 OPERATING ENGINEERS LOCAL 07/14/2026 Regular 0.00 544.00 61093 7/2026 - 1 Invoice 07/07/2026 LOCAL UNION DUES #3 0.00 544.00 00966 RUIZ, EDUARDO 07/14/2026 Regular 0.00 90.00 61094 INV0016310 Invoice 07/07/2026 DOT exam medical 0.00 90.00 01049 STANISLAUS COUNTY 07/14/2026 Regular 0.00 4,700.50 61095 FY 26-27 Hughson Invoice 07/01/2026 LAFCO Annual Fees 0.00 4,700.50 01040 STANISLAUS COUNTY SHERIFF 07/14/2026 Regular 0.00 5,000.00 61096 2627-HPS Invoice 07/13/2026 Annual Cash Contribution - FY 26-27 0.00 5,000.00 01953 Swank Motion Pictures, Inc. 07/14/2026 Regular 0.00 475.00 61097 2808648 Invoice 07/13/2026 PAD Movie Night - Lego Movie 0.00 475.00 01638 U.S. Bank National Association 07/14/2026 Regular 0.00 357.52 61098

Check Report Date Range: 07/07/2026 - 07/21/2026
7/21/2026 4:44:18 PM Page 5 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 585395171 Invoice 07/13/2026 Printers 0.00 357.52
01206 WARDEN'S OFFICE 07/14/2026 Regular 0.00 112.66 61099 027296-00 Invoice 07/08/2026 MISC OFFICE SUPPLIES- Folders 0.00 112.66 01908 CLS/Cervantes Landscape Services, Inc. 07/15/2026 Regular 0.00 91,152.50 61100 2892 Invoice 07/09/2026 downtown lighting (ARPA) 0.00 74,955.00 2893 Invoice 07/09/2026 Downtown lighting (ARPA) 0.00 12,872.50 2966 Invoice 07/08/2026 Downtown Lighting (ARPA) 0.00 3,325.00 01722 A.R.F. Fire Extinguisher Co., Inc 07/16/2026 Regular 0.00 2,143.38 61101 26-1248 Invoice 06/17/2026 fire extinguisher service (corp yard) 0.00 373.30 26-1249 Invoice 06/17/2026 fire extiguisher service (city Hall) 0.00 533.93 26-1250 Invoice 06/17/2026 fire extinguisher service (senior center) 0.00 392.82 26-1251 Invoice 06/17/2026 fire extinguisher service WWTP 0.00 843.33 00109 BADGER METER, INC 07/16/2026 Regular 0.00 2,777.73 61102 80239837 Invoice 06/26/2026 badger meter june service 0.00 2,777.73 00258 CENTRAL SANITARY SUPPLY 07/16/2026 Regular 0.00 209.27 61103 11812389 Invoice 06/05/2026 supplies 0.00 209.27
00310 CLARK'S PEST CONTROL 07/16/2026 Regular 0.00 219.00 61104 39892339 Invoice 06/23/2026 WWTP pest control Blanket PO 0.00 219.00 00332 CONDOR EARTH TECHNOLOGIES 07/16/2026 Regular 0.00 3,605.50 61105 93628 Invoice 06/30/2026 FY24-27 MS4 Storm Water Support 4/24/… 0.00 3,605.50 02156 Cruz Flores 07/16/2026 Regular 0.00 100.00 61106
INV0016349 Invoice 06/28/2026 Damage Deposit- Flores 0.00 100.00 02156 Cruz Flores 07/16/2026 Regular 0.00 -100.00 61106 01340 DIVISION OF THE STATE ARCHITECT 07/16/2026 Regular 0.00 27.60 61107 INV0016352 Invoice 06/30/2026 Disability Access & Education Fee 2nd Qtr … 0.00 27.60 02139 Employment Risk Management Authority 07/16/2026 Regular 0.00 3,405.50 61108 CSJ-00121-4Q26 Invoice 06/30/2026 4Q26 Dollar One Billing for Program Yr. 20… 0.00 3,405.50 00462 EWING IRRIGATION PRODUCTS 07/16/2026 Regular 0.00 1,410.93 61109 30760139 Invoice 06/17/2026 Irrigation Supplies 0.00 1,410.93 00474 FERGUSON ENTERPRISES,INC 07/16/2026 Regular 0.00 713.90 61110 0064948 Invoice 06/24/2026 Ferguson Water Blanket PO 0.00 713.90 00755 MCR ENGINEERING, INC 07/16/2026 Regular 0.00 21,146.00 61111 22600-REVISED Invoice 06/30/2026 Services performed 5/31/26 0.00 21,146.00 00611 Mid Valley Publications 07/16/2026 Regular 0.00 161.88 61112 358783 Invoice 06/30/2026 Notice of public hearing 0.00 161.88 02079 PACE Supply Corp 07/16/2026 Regular 0.00 4,757.39 61113 0511537192 Invoice 06/24/2026 hydrant for stock 0.00 4,533.80 0511537192-1 Invoice 06/29/2026 water parts 0.00 223.59 01049 STANISLAUS COUNTY 07/16/2026 Regular 0.00 137,501.10 61114 INV0016354 Invoice 06/30/2026 County Public Facilities Fees 4/1/26 - 6/30… 0.00 137,501.10 02015 TW Associates LLC 07/16/2026 Regular 0.00 2,188.63 61115 68683B54726 Invoice 06/16/2026 well 9 pump parts 0.00 2,188.63 01176 USA BLUE BOOK 07/16/2026 Regular 0.00 1,010.40 61116 INV01083748 Invoice 06/24/2026 USA blue book DW Blanket PO 0.00 1,010.40 01594 Valley Water Collaborative 07/16/2026 Regular 0.00 14,064.63 61117 66 Invoice 04/24/2026 2026 Contribution 0.00 14,064.63

Check Report Date Range: 07/07/2026 - 07/21/2026
7/21/2026 4:44:18 PM Page 6 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 01420 CALIFORNIA STATE DISBURSEMENT UNIT 07/16/2026 Regular 0.00 40.12 61118 INV0016324 Invoice 07/15/2026 INCOME WITHHOLDING FOR CHILD SUPP… 0.00 40.12 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Payable Bank Summary
Bank Drafts
EFT's
72 0
2 0
0 0.00

0.00 0.00

0.00 0.00
74 0.00
Payment
798,480.35

0.00 -1,510.93

0.00 0.00
796,969.42
Payable
Count
171
0 0
0 0
171

Check Report Date Range: 07/07/2026 - 07/21/2026
7/21/2026 4:44:18 PM Page 7 of 7
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
72 0
2 0
0 0.00

0.00 0.00

0.00 0.00
74 0.00
798,480.35

0.00 -1,510.93

0.00 0.00
796,969.42
171
0 0
0 0
171
Fund Name Period Amount
Fund Summary
999 POOLED CASH/CONSOLIDATED CASH 7/2026 796,969.42
796,969.42

7/21/2026 4:45:44 PM Page 1 of 1
Refund Check Register
Hughson Refund Check Detail
UBPKT04739 - Refunds 01 UBPKT04734 Regular
Account Name Date Check # Amount Code Receipt Amount Type 12-0003-001 WHITE, MIRIAM & STUART 7/13/2026 61074 61.37 61.37 Deposit 14-1760-002 Bertolotti, Emma 7/13/2026 61075 96.93 96.93 Deposit 14-1790-003 Sexton-Tercheria, Tina 7/13/2026 61076 21.10 21.10 Generated From Billing 15-1050-001 CASHEN, GERALYN A 7/13/2026 61077 36.50 36.50 Deposit 15-4920-001 HORTON, ERICA AND SCOTT 7/13/2026 61078 142.53 142.53 Deposit 18-2170-000 Homes, KB 7/13/2026 61079 110.34 110.34 Deposit 18-2530-000 Homes, KB 7/13/2026 61080 54.86 54.86 Deposit 18-3890-000 Homes, KB 7/13/2026 61081 43.45 43.45 Deposit 18-4060-001 Caudill, Anthony & Lizza 7/13/2026 61082 122.25 122.25 Deposit Total Refunds: 9 Total Refunded Amount: 689.33
Revenue Code Summary
Revenue Code Amount
996 - UNAPPLIED CREDITS 689.33
Revenue Total: 689.33
General Ledger Distribution
Account Number Account Name Posting Amount IFT
Posting Date: 07/02/2026
Fund: 510 - WATER/SEWER DEPOSIT
510-10001 CLAIM ON CASH-WATER/SEWER DEPOSIT -689.33 Yes 510-11040 CUSTOMER CREDITS 689.33
510 Total: 0.00
Fund: 999 - POOLED CASH/CONSOLIDATED CASH
999-10010 CASH IN BANK-MONEY MARKET -689.33
999-20000 DUE TO OTHER FUNDS (POOLED CASH) 689.33 Yes
999 Total: 0.00
Distribution Total: 0.00

Meeting Date: July 27, 2026
Subject: Agricultural Lease Agreement with Mid Valley Nut Company (dba The B.A.M. Limited Partnership) for City Property Located on Leedom Road (Lower Ponds) near the Wastewater Treatment Facility
Enclosures: Amendment 1 to Walnut Orchard Lease
2016 Original Lease Agreement
Presented By: Dominique Romo, City Manager
Approved By: _______________________________
City Manager
Staff Recommendation:

Approve Amendment 1 to the Walnut Orchard Lease Agreement with Mid Valley Nut Company (dba The B.A.M. Limited Partnership) for the City-owned property located on Leedom Road (Lower Ponds) nearthe Wastewater Treatment Facility and Authorize the City Manager to execute the Amendment inclusive of any final edits by the City Attorney.

Background and Overview:

On July 25, 2016, the Hughson City Council awarded the Request for Proposals for reuse of City property on Leedom Road (Lower Ponds) to Mid Valley Nut Company. Staff were directed to negotiate an agricultural lease for approximately 35 acres, and the final lease agreement was approved by the Council on September 26, 2016.

During 2022–2023, the orchards experienced significant flooding, resulting in destruction of most planted acreage in the lower river ranch area (90%). The Lessee removed the damaged trees and completed replanting in 2024. The Lessee requested that the City waive rent until the orchard returned to productive status. To offset losses, the Lessee deducted the annual lease amount from restoration expenses. The last rent payment received by the City was in 2023 for the 2022 crop processing.

Discussion:

To accurately document the changes that occurred following the flood event and Lessee’s restoration efforts, Amendment 1 has been drafted to accomplish the following:

CITY COUNCIL AGENDA ITEM NO. 3.3
SECTION 3: CONSENT CALENDAR

 Confirms the 2016 lease remains fully enforceable as written, including all flood risk provisions that were negotiated and agreed to by the Lessee  Identifies the total rent arrearage of $17,027.50 (2023 balance, 2024, 2025, and 2026) as a liquidated, undisputed obligation
 City agrees not to pursue that arrearage provided the Lessee pays full rent beginning January 15, 2027, in the same manner as the 2016 lease requires  If the Lessee misses any payment or otherwise defaults, the full $17,027.50 snaps back immediately and the City pursues the entire amount  If the Lessee receives state grant funds exceeding the documented restoration costs, the excess is paid directly to the City up to the arrearage amount, no windfall to the Lessee at the City's expense
The Lessee has accepted the Amendment and will receive the following benefits:
• Avoids immediate collection action on $17,027.50 in past-due rent • A clean path forward with no arrearage hanging over the lease • Clarifies that the 2016 lease provided no legal basis to withhold rent due to flood damage; partial destruction does not abate rent under the agreement originally signed
• Protects Lessee’s investment in replanting and restoration by continuing the lease rather than risking termination
• If grant application and funding are successful and costs are fully covered, Lessee owes the City nothing beyond resuming normal rent in 2027 Fiscal Impact:

Beginning January 15, 2027, the Lessee will resume full rent payments in accordance with the 2016 Lease, which includes an annual cash rent element to pay the City $175 per farmable acre annually, now from 2027-2031 ($25,000 estimated) and approximately 20% of the proceeds from the walnut crops, now from 2027-2046.

1 1914119-2

FIRST AMENDMENT TO WALNUT ORCHARD LEASE
(City of Hughson / B.A.M. Limited Partnership)
SECTION 1. PARTIES; DATE; RECITALS

1.1 Parties. This First Amendment to Walnut Orchard Lease (Amendment) is entered into as of May 25, 2026, by and between the CITY OF HUGHSON, a California municipal corporation (City or Lessor), and B.A.M. LIMITED PARTNERSHIP, a California limited partnership (Lessee).

1.2 The 2016 Lease. City and Lessee entered into that certain Walnut Orchard Development and Operation Lease effective __________, 2016 (2016 Lease), covering approximately 31.5 acres of City-owned property located in Stanislaus County along the south bank of the Tuolumne River, abutting the north side of Leedom Road, west of Charles Street, identified as Assessor’s Parcel Numbers 009-026-031 and 009-026-032 (Property). The 2016 Lease established a 30- year term commencing October 1, 2016, and terminating no later than December 31, 2046. All terms and conditions of the 2016 Lease remain in full force and effect and are enforceable according to their terms. This Amendment does not modify, supersede, or waive any provision of the 2016 Lease except as expressly stated in Section 3 below.

1.3 Enforceable Obligations Under the 2016 Lease. The 2016 Lease is a binding agreement negotiated and executed by the parties. Among its material terms, the 2016 Lease: (a) requires Lessee to pay Annual Cash Rent of $5,512.50 on or before January 15 of each applicable year, with a six percent late charge on amounts not paid within fifteen days; (b) commencing in 2026, requires Lessee to pay the greater of the Annual Cash Rent or Percentage Rent; (c) establishes a “net, net, net” structure under which Lessee bears all costs and expenses of every nature relating to the Property, including without limitation all development, farming, replanting, irrigation, and operational costs; (d) expressly provides in Section 13 that in the event of total destruction by fire, flood, earthquake, or other casualty, Lessee must within ninety days either terminate the Lease or commence restoration, and that in the event of partial destruction, rent does not abate; and (e) waives the provisions of Civil Code Sections 1932(2A) and 1933(4) with respect to any destruction of the Property. The allocation of flood risk to Lessee under the 2016 Lease was a negotiated term of the agreement. The City’s concession in this Amendment does not alter or impair any of these provisions, all of which remain enforceable.

1.4 The 2023 Flood Events. Flood events occurring on or about [date(s)] in 2023 (Flood Events) caused significant damage to the walnut orchard on the Property, including loss of trees and damage to orchard infrastructure. As a result of the Flood Events, Lessee’s farming operations were disrupted and the orchard has required substantial remediation and replanting work to restore it to productive condition.

1.5 Lessee’s Loss and Investment. The Flood Events resulted in losses to Lessee’s farming operation on the Property, including lost production and the costs of orchard restoration. Lessee has represented to City that it incurred the following costs in connection with the restoration of the orchard on the Property following the Flood Events:
(a) Replanting of orchard trees: $25,916.00
(b) Orchard damage repair and remediation: $32,772.45

2 1914119-2
(c) Total represented restoration expenditures: $58,688.45 The City acknowledges Lessee’s representation of these costs. The City’s acknowledgment does not constitute verification of these figures, agreement that they are complete or accurate, or any obligation on the part of the City arising from these expenditures. Under the triple-net structure of the 2016 Lease, all farming, replanting, and restoration costs are Lessee’s sole responsibility.

Lessee’s expenditures on the Property represent Lessee’s own business operations and the business risk Lessee assumed when it entered into the 2016 Lease. The City was itself impacted by the Flood Events through the loss of rent income it would otherwise have received under the 2016 Lease, which underscores that the triple-net structure of the 2016 Lease placed the consequences of the Flood Events on both parties. Loss of production and lost revenue are risks expressly allocated to Lessee under the 2016 Lease and do not form any basis for rent abatement, credit, or any other accommodation under this Amendment.

1.6 City’s Interest and Purpose. Notwithstanding the foregoing, the City Council of the City of Hughson finds that it is in the public interest to reach an accommodation with Lessee on the terms set forth in this Amendment. The City’s interest is not in relieving Lessee of its contractual obligations, which remain fully enforceable, but in ensuring the continued professional maintenance and productive use of City-owned agricultural property. The City owns the Property and has an ongoing interest in its condition, productivity, and stewardship. A prolonged dispute over rent arrears, or the departure of an experienced orchard operator, would leave City agricultural land unmanaged, subject to deterioration, and generating no return to the public. The City’s concession is limited, conditional, and directly tied to Lessee’s commitment to resume full performance under the 2016 Lease beginning in 2027. Nothing in this Amendment reflects a City policy of rent forgiveness or relief from negotiated obligations, and nothing in this Amendment shall be cited as precedent in any other matter involving the City.

1.7 Rent Arrearage. Annual Cash Rent under the 2016 Lease has continued to accrue without abatement during and after the Flood Events. Lessee made a full Annual Cash Rent payment of $5,512.50 in 2022 and a partial payment of $5,022.50 in 2023, leaving an underpayment of $490.00 for that year. No further rent payments have been received by the City for 2023 (balance), 2024, 2025, or 2026. The full amount of Annual Cash Rent past due and owing under the 2016 Lease as of the date of this Amendment, together with rent accrued through the end of 2026, is as follows (Total Arrearage):
(a) 2023 underpayment: $490.00
(b) 2024 Annual Cash Rent: $5,512.50
(c) 2025 Annual Cash Rent: $5,512.50
(d) 2026 Annual Cash Rent: $5,512.50
(e) Total Arrearage: $17,027.50
Lessee acknowledges the Total Arrearage as a liquidated, undisputed obligation under the 2016 Lease, not subject to any offset, defense, or abatement. This acknowledgment survives any termination of this Amendment or the 2016 Lease.

3 1914119-2
SECTION 2. DEFINED TERMS

2.1 Defined Terms. Capitalized terms used but not defined in this Amendment have the meanings given in the 2016 Lease.

2.2 Conflict. In the event of a conflict between this Amendment and the 2016 Lease, this Amendment controls solely with respect to the subject matter expressly addressed herein. In all other respects, the 2016 Lease controls and remains enforceable according to its terms.

SECTION 3. CITY’S CONCESSION; CONDITIONS; RENT RESUMPTION

3.1 City’s Limited Concession. Based solely on the findings and public interest determination set forth in Section 1.6, and in consideration of Lessee’s agreement to resume full performance under the 2016 Lease commencing January 15, 2027, City agrees that it will not pursue collection or enforcement of the Total Arrearage, provided that Lessee fully and timely complies with the conditions set forth in this Section 3. This concession is not a forgiveness, release, or waiver of the Total Arrearage. The Total Arrearage remains a valid, liquidated obligation of Lessee under the 2016 Lease and is immediately reinstated and enforceable in full upon any default under Section 4.1.

3.2 Resumption of Full Rent in 2027. Commencing January 15, 2027, and on or before January 15 of each subsequent year during the remaining Lease Term, Lessee shall pay Annual Cash Rent in full as required under Section 5.2 of the 2016 Lease, currently $5,512.50 per year, or such adjusted amount as may be applicable under the 2016 Lease. Beginning in 2027, the greater-of provision in Section 5.3 of the 2016 Lease also resumes in full: Lessee shall pay as rent the greater of the Annual Cash Rent or Percentage Rent, as calculated under the 2016 Lease. All Percentage Rent obligations, the annual true-up, the irrevocable crop assignment to processors, and all other rent and payment provisions of the 2016 Lease resume without modification as of January 15, 2027.

3.3 No Abatement or Modification of Ongoing Obligations. Except for the City’s limited and conditional agreement not to pursue the Total Arrearage under Section 3.1, no term of the 2016 Lease is modified by this Amendment. All obligations of Lessee under the 2016 Lease, including but not limited to maintenance of premium orchard standards, insurance requirements, records and audit rights, hazardous materials obligations, and compliance with all applicable laws, continue in full force and effect from and after the date of this Amendment.

3.4 Late Charges. Any Annual Cash Rent or other payment required under the 2016 Lease not received by City within fifteen (15) days of the date due shall incur a late charge of six percent (6%) of the unpaid amount as provided in Section 5.2 of the 2016 Lease. Late charges do not cure or excuse a default under Section 4.1 of this Amendment.

3.5 State Grant Funds; Disclosure; Payment of Net Recovery to City. Lessee has advised City that it is pursuing grant funding from the State of California to recover costs associated with the Flood Events and resulting crop and orchard losses. Nothing in this Amendment prevents Lessee from applying for or receiving such grant funds. The following conditions apply:

4 1914119-2
(a) Disclosure. Within thirty (30) days after Lessee receives written notice of any grant award from any state agency or program related to the Flood Events, crop losses, or orchard restoration costs on the Property, Lessee shall provide City with written notice of the award, identifying the granting agency, the program, the amount awarded, and the stated purpose of the grant.
(b) Net Recovery Calculation. For purposes of this Section, “Net Grant Recovery” means the total amount of grant funds received by Lessee from state sources in connection with the Flood Events, less Lessee’s documented out-of-pocket restoration expenditures on the Property that have not otherwise been reimbursed from any source. Documented expenditures are limited to the categories represented to City in Section 1.5, as supported by invoices, receipts, or equivalent records available to Lessee. Lessee bears the burden of establishing the amount of documented expenditures.
(c) Payment to City; Cap at Total Arrearage. Within thirty (30) days after receipt of any grant funds that result in a Net Grant Recovery, Lessee shall pay the Net Grant Recovery directly to City, up to a maximum aggregate payment of $17,027.50 (the Total Arrearage).

City shall apply such payment against the Total Arrearage. Once City has received payments under this subsection totaling the full amount of the Total Arrearage, Lessee has no further payment obligation to City under this Section 3.5, regardless of any additional grant funds Lessee may receive. For clarity: if Lessee’s documented restoration costs equal or exceed total grant proceeds received, there is no Net Grant Recovery and no payment is due to City. Payment of the Net Grant Recovery to City does not satisfy or reduce Lessee’s obligation to pay Annual Cash Rent and all other amounts due under the 2016 Lease beginning January 15, 2027.
(d) Failure to Pay Net Grant Recovery. Failure to pay any Net Grant Recovery to City within thirty (30) days after it becomes due under subsection (c) constitutes an event of default under Section 4.1 of this Amendment, with the same consequences, including reinstatement of the full Total Arrearage, as any other default. (e) Encumbrance Restriction. Lessee shall not, as a condition of any grant application or award, grant any security interest, lien, assignment, or encumbrance against the Property, the leasehold, or the walnut crop without the prior written consent of City. Any such encumbrance without City consent constitutes a default under Section 16 of the 2016 Lease and Section 4.1(c) of this Amendment.
(f) No City Obligation. Nothing in this Section creates any obligation on the part of City to assist Lessee in pursuing grant funds, to make any representations to any state agency, or to consent to any grant program term that conflicts with the 2016 Lease or this Amendment.

3.6 Lessee Review Prior to Council Action. Consistent with Lessee’s written request dated April 21, 2026, City will provide Lessee a copy of this Amendment for review prior to placement on a City Council agenda. Lessee’s review period shall not exceed fourteen (14) days from the date of transmittal. City retains sole authority over the content of any amendment submitted to the City Council, and Lessee’s review does not constitute a right of approval or veto.

SECTION 4. DEFAULT; REINSTATEMENT OF TOTAL ARREARAGE; REMEDIES

4.1 Events of Default. Each of the following constitutes an event of default under this Amendment:

5 1914119-2
(a) Failure to pay the Annual Cash Rent due on or before January 15, 2027 in the full amount required under the 2016 Lease;
(b) Failure to pay any Annual Cash Rent, Percentage Rent, or other amount due under the 2016 Lease in any subsequent year within fifteen (15) days of the date due; (c) Any material breach of the 2016 Lease not cured within thirty (30) days after written notice from City, or, if not reasonably curable within thirty (30) days, if Lessee fails to commence cure within that period and diligently pursue completion to City’s reasonable satisfaction; and
(d) Any material misrepresentation by Lessee in connection with the Flood Events or the Total Arrearage.

4.2 Reinstatement of Total Arrearage. Upon any event of default under Section 4.1, City’s agreement not to pursue the Total Arrearage under Section 3.1 is automatically and immediately revoked without further notice or action by City. The Total Arrearage of $17,027.50 is reinstated in its entirety as immediately due and owing under the 2016 Lease, with credit only for Annual Cash Rent or Percentage Rent payments actually received by City after the Amendment Effective Date. Upon reinstatement, City shall have the right to pursue the Total Arrearage together with all other amounts then due under the 2016 Lease through any and all lawful means. City is not required to provide Lessee any opportunity to cure before reinstating and pursuing the Total Arrearage. Lessee expressly acknowledges this reinstatement mechanism and agrees that it is a reasonable and material condition of the City’s concession in Section 3.1.

4.3 City Remedies. Upon any event of default, City may, without election of remedies: (a) reinstate and pursue the Total Arrearage as provided in Section 4.2; (b) exercise all remedies available under the 2016 Lease, including without limitation continuation of the lease and collection of rent, termination of possession, re-entry, reletting for Lessee’s account, recovery of damages as specified in Section 16.2 of the 2016 Lease, and appointment of a receiver; and (c) pursue any remedy available at law or in equity. City’s remedies are cumulative; the exercise of any one does not preclude any other.

4.4 No Waiver by Forbearance. City’s agreement not to pursue the Total Arrearage during the period Lessee is in compliance with this Amendment does not constitute a waiver of any right under the 2016 Lease. Acceptance of any late or partial payment by City does not waive the right to reinstate the Total Arrearage upon any subsequent default. No course of dealing or prior forbearance by City constitutes a waiver of any provision of this Amendment or the 2016 Lease.

SECTION 5. GENERAL PROVISIONS

5.1 2016 Lease Remains in Full Force. The 2016 Lease remains in full force and effect and is enforceable according to its terms. This Amendment does not constitute a novation, release, or waiver of any right, obligation, or remedy under the 2016 Lease, except as expressly and narrowly set forth in Section 3.1. All provisions of the 2016 Lease not expressly addressed in this Amendment continue without modification.

5.2 Representations of Lessee. Lessee represents and warrants that: (a) B.A.M. Limited Partnership is duly organized and in good standing under California law; (b) the person executing

6 1914119-2
this Amendment on behalf of Lessee is the General Partner identified in the 2016 Lease and has full authority to bind the partnership; (c) there are no pending claims, liens, or encumbrances on the leasehold or crop other than as disclosed to City in writing prior to execution of this Amendment; and (d) the representations made to City regarding the Flood Events and Lessee’s restoration expenditures are accurate and complete to Lessee’s knowledge.

5.3 Council Approval. This Amendment is subject to and conditioned upon approval by the City Council of the City of Hughson at a duly noticed public meeting. Execution of this Amendment by City staff or the City Attorney prior to such approval is for clerical purposes only and does not bind the City.

5.4 No Precedent. This Amendment is a specific accommodation based on the particular facts and public interest findings set forth in Section 1.6 and shall not be cited as precedent in any other matter involving the City or any other tenant or counterparty.

5.5 Governing Law; Venue. This Amendment is governed by the laws of the State of California.

Venue for any dispute arising under this Amendment or the 2016 Lease shall be in the Superior Court of Stanislaus County, consistent with Section 26.5 of the 2016 Lease.

5.6 Attorneys’ Fees. The attorneys’ fees provision of Section 23 of the 2016 Lease applies to any action arising under this Amendment.

5.7 Integrated Agreement. This Amendment, together with the 2016 Lease, constitutes the entire agreement of the parties with respect to the subject matter addressed herein and supersedes all prior negotiations, representations, and understandings on those subjects. No modification of this Amendment is effective unless made in writing and signed by both parties, consistent with Section 26.6 of the 2016 Lease.

5.8 Counterparts. This Amendment may be executed in counterparts, each of which is deemed an original. Electronic or scanned signatures are deemed originals for purposes of this Amendment.

5.9 Notices. Notices under this Amendment shall be given in the manner provided in Section 21 of the 2016 Lease. Lessee’s address for notices is: B.A.M. Limited Partnership, PO Box 987, Hughson, CA 95326, Attention: John Casazza.

5.10 Time of Essence. Time is of the essence of each provision of this Amendment, consistent with Section 26.1 of the 2016 Lease.
**SIGNATURES ON FOLLOWING PAGE**

7 1914119-2

SIGNATURES
IN WITNESS WHEREOF, the parties have executed this First Amendment to Walnut Orchard Lease as of the date first written above.

LESSOR:

CITY OF HUGHSON, a California municipal corporation
______________________________
City Manager
Date: ________________________
Approved as to Form:
______________________________
City Attorney
LESSEE:

B.A.M. LIMITED PARTNERSHIP, a California limited partnership By: ______________________________
Its: General Partner
Name: ______________________________
Date: ________________________

Meeting Date: July 27, 2026
Subject: Establishing the Annual Special Tax for the City of Hughson, Province Place Community Facilities District, 2017 for Fiscal Year 2026-2027 and Establishing the Annual Special Tax for the City of Hughson Community Facilities District (Parkwood), for Fiscal Year 2026-2027
Presented By: Dominique Romo, City Manager
Approved By:
_________________________
Recommended Council Action:

Adopt Resolution No. 2026-22, Establishing the Annual Special Tax for the City of Hughson, Province Place Community Facilities District, 2017 for Fiscal Year 2026-27; and Adopt Resolution No. 2026-23, Establishing the Annual Special Tax for the City of Hughson Community Facilities District (Parkwood), for Fiscal Year 2026-2027; and Direct the Harris & Associates Assessment Engineer to file, or cause to be filed, certified copies of said Resolutions and the reports with the Stanislaus County Tax Collector.

Background and Overview:

The City of Hughson utilizes special financing districts to fund essential services and improvements that directly benefit property owners within the City. These districts include Landscaping and Lighting Districts (LLDs), Benefit Assessment Districts (BADs), and Community Facilities District (CFD).

In partnership with Harris & Associates, City staff conducts an annual review of each district to evaluate anticipated maintenance and service costs for the upcoming fiscal year, establish parcel-specific assessments, determine the assessment amounts to be levied via the County property tax roll (pending City Council approval). For each district, staff typically reviews prior year budgets, current fund balances, anticipated expenditures, and allowable assessment amounts. Necessary adjustments are then incorporated, particularly for the CFD, to ensure financial sustainability and service continuity.

The proposed assessments and levies are based on historical and estimated costs of providing services and the direct and special benefit provided to properties within each district. Upon City Council approval of the levy and assessment collection, the finalized CITY COUNCIL AGENDA ITEM NO. 3.4
SECTION 3: CONSENT CALENDAR

assessment data will be submitted to the County Auditor-Controller in mid-August, and the assessments will be included on the Fiscal Year 2026–27 Tax Roll for each benefiting parcel.

Establishing the Annual Special Taxes and directing their filing with the County Tax Collector for this fiscal year continues to directly support the Hughson City Council’s adopted values of Fiscal Responsibility, Customer Focus, and Results Orientation. It also advances the Council’s Strategic Priorities of Good Governance, Infrastructure Investment, Ensuring Fiscal Health, and Promoting Quality of Life.

These actions enable the City to collect the necessary funds to maintain essential public services including street maintenance and repairs (curbs, gutters, sidewalks and ramps) utilities infrastructure, parks, streetlights (maintenance and electrical/utility costs), storm drain facilities (manhole covers, catch basins, pipes, drains, and treatment of storm water run-off), landscaping, and police, fire and emergency services. Securing these revenues preserves a balanced and sustainable budget, ensures efficient and priority services are delivered, and enhances the overall quality of life for Hughson residents.

Annual Inflationary Adjustment:

Each year, the February Consumer Price Index (CPI) is used to determine the Maximum Assessment Rate for the City’s special districts. For Fiscal Year 2026–27, the February CPI was 2.4769% (rounded). Annual increases to the assessment rate are indexed to the CPI plus 3%, based on data from the U.S. Department of Labor, Bureau of Labor Statistics for the San Francisco/Oakland/San José Urban Wage Earners and Clerical Workers. This formula establishes a new inflation-adjusted maximum assessment rate that may be levied without requiring a Proposition 218 ballot proceeding. While the maximum rate typically increases each year, the actual assessment levied is based on the district’s annual budget.

The levied amount may be less than the maximum, depending on service needs, fund balances, and fiscal strategy.

Fiscal Impact:

For Fiscal Year 2026-27, the Province Place annual assessments are set at $716.44 per parcel with an estimated total amount of $27,941.16 to be collected and applied towardsthe costs associated with street sweeping, parks maintenance and replacement of facilities, streetlights, storm drain facilities, police services, fire and emergency services, municipal utilities infrastructure, and landscaping and sound wall maintenance and repairs.

For Fiscal Year 2026-27, the Citywide Community Facilities District (aka: Parkwood) annual assessments are set at $1,066.00 per parcel with a current estimated total amount of $238,784.00 to be collected. This updated annual assessment reflects the City taking over full responsibility and ongoing maintenance from KB Homes on all the park and landscape areas in Parkwood in January 2027. Additional parcels issued with a building permit prior to July 1, 2026, will be included with the special taxes submitted to the County in August.

The total cost for Professional Services provided by Harris & Associates was budgeted at $18,450 for Fiscal Year 2026-27, which included technical support, report preparation, and assistance with assessment administration for all assessment districts, including the BADs, LLDs, and CFDs.

CITY COUNCIL

CITY OF HUGHSON
RESOLUTION NO. 2026-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON ESTABLISHING THE ANNUAL

SPECIAL TAX FOR THE CITY OF HUGHSON, PROVINCE PLACE COMMUNITY FACILITIES DISTRICT, 2017, FOR FISCAL YEAR 2026-2027
WHEREAS, the Hughson City Council (hereafter referred to as the “legislative body”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a special tax district, all as authorized pursuant to the terms and provisions of the “Mello Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. Said special tax district is known and designated as Province Place Community Facilities District 2017 (hereafter referred to as the “District”) and,

WHEREAS, the legislative body, by ordinance and as authorized by Section 53340 of the California Government Code, has authorized the levy of a special tax to pay the costs and expenses related to the District and this legislative body desires to establish the specific special tax rate to be collected for the upcoming fiscal year.

NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE LEGISLATIVE BODY AS FOLLOWS:

Section 1 That the above recitals are true and correct.

Section 2 The maximum special tax rate to be collected for the District for Fiscal Year 2026- 2027 is hereby determined and established in the table below. A listing of individual parcels, showing the corresponding special tax rate, is attached hereto as “Exhibit A”.

TYPE SPECIAL TAX RATE
Building Permit Issued as of July 1 Max. Tax = $788.63 per Parcel Building Permit Issued as of July 1 Actual Tax = $716.44 per Parcel Building Permit Not Issued as of July 1 N/A*
*All building permits have been issued as of July 1, 2020.

Section 3 That the special tax rate shall be increased in an amount not to exceed the annual increase in CPI for the month of February. The 2026 February CPI was 2.4769%.

Section 4 That the special tax rate as set forth above does not exceed the amount as previously authorized by ordinance of this legislative body and is not in excess of that as

previously approved by the qualified electors of the District, and is in compliance with Proposition 218, Section XIII D of the Constitution of the State of California.

Section 5 That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following:

Preliminary and Incidental Expense and Appurtenant Work and Improvements – the authorized facilities shall be deemed to include the costs and expenses of the following:
• Street maintenance and repairs including curbs, gutters, sidewalks and ramps. • Municipal Utilities Infrastructure.
• Parks.
• Streetlights – maintenance and electrical/utility costs. • Storm Drain facilities including manhole covers, catch basins, pipes, drains, and treatment of storm water run-off.
• Landscaping
• Police, fire and emergency services.

The proceeds of the special tax shall be used as set forth above and shall not be used for any other purpose.

Section 6 The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting said special taxes.

Section 7 All monies collected shall be paid into a fund for the District, including any reserve fund amounts.

Section 8 The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public services” or “special tax” or by any other suitable designation, the installment of the special tax and the exact rate of the special tax as stated above.

Section 9 The County Auditor shall then, at the close of the tax collection period, promptly render to the City of Hughson, a detailed report showing the amount(s) of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making such collection.
>
>
>

PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 27th day of July 2026 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
______________________
GEORGE CARR, Mayor
ATTEST:

______________________________
DOMINIQUE ROMO, City Manager

EXHIBIT A
2026/27 SPECIAL TAX RATES BY PARCEL
APN
Building
Status
Special
Tax Levy
180-094-001 Developed $716.44
180-094-002 Developed $716.44
180-094-003 Developed $716.44
180-094-004 Developed $716.44
180-094-005 Developed $716.44
180-094-006 Developed $716.44
180-094-007 Developed $716.44
180-094-008 Developed $716.44
180-094-009 Developed $716.44
180-094-010 Developed $716.44
180-094-011 Developed $716.44
180-094-012 Developed $716.44
180-094-013 Developed $716.44
180-094-014 Developed $716.44
180-094-015 Developed $716.44
180-094-016 Developed $716.44
180-094-017 Developed $716.44
180-094-018 Developed $716.44
180-094-019 Developed $716.44
180-094-020 Developed $716.44
180-094-021 Developed $716.44
180-094-022 Developed $716.44
180-094-023 Developed $716.44
180-094-024 Developed $716.44
180-094-025 Developed $716.44
180-094-026 Developed $716.44
180-094-027 Developed $716.44
180-094-028 Developed $716.44
180-094-029 Developed $716.44
180-094-030 Developed $716.44
180-094-031 Developed $716.44
180-094-032 Developed $716.44
180-094-033 Developed $716.44
180-094-034 Developed $716.44
180-094-035 Developed $716.44
180-094-036 Developed $716.44
180-094-037 Developed $716.44
180-094-038 Developed $716.44
180-094-039 Developed $716.44
$27,941.16

CITY COUNCIL

CITY OF HUGHSON
RESOLUTION NO. 2026-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON ESTABLISHING THE ANNUAL

SPECIAL TAX FOR THE CITY OF HUGHSON CITYWIDE COMMUNITY FACILITIES DISTRICT (PARKWOOD) FOR FISCAL YEAR 2026-2027
WHEREAS, the Hughson City Council (hereafter referred to as the “legislative body”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a special tax district, all as authorized pursuant to the terms and provisions of the “Mello Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. Said special tax district is known and designated as Citywide Community Facilities District (Parkwood), (hereafter referred to as the “District”) and,

WHEREAS, the legislative body, by ordinance and as authorized by Section 53340 of the California Government Code, has authorized the levy of a special tax to pay the costs and expenses related to the District and this legislative body desires to establish the specific special tax rate to be collected for the upcoming fiscal year.

NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE LEGISLATIVE BODY AS FOLLOWS:

Section 1 That the above recitals are true and correct.

Section 2 The maximum special tax rate to be collected for the District for Fiscal Year 2026/27 is hereby determined and established in the table below. A listing of individual parcels, showing the corresponding special tax rate, is attached hereto as “Exhibit A”. Any additional parcels issued a building permit prior to July 1, 2026, shall be included with the special taxes submitted to the County in August.

TYPE SPECIAL TAX RATE
Building Permit Issued as of July 1, 2026 Max. Tax = $1,289.11 per Parcel Building Permit Issued as of July 1, 2026 Actual Tax = $1,066.00 per Parcel Building Permit Not Issued as of July 1, 2026 75
Section 3 That the special tax rate shall be increased in an amount not to exceed the annual increase in CPI for the month of February, plus 3%.

Section 4 That the special tax rate as set forth above does not exceed the amount as previously authorized by ordinance of this legislative body and is not in excess of that as

previously approved by the qualified electors of the District, and is in compliance with Proposition 218, Section XIII D of the Constitution of the State of California.

Section 5 That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following:

Preliminary and Incidental Expense and Appurtenant Work and Improvements – the authorized facilities shall be deemed to include the costs and expenses of the following:
• Street maintenance and repairs including curbs, gutters, sidewalks and ramps, • Municipal Utilities Infrastructure,
• Parks,
• Streetlights – maintenance and electrical/utility costs, • Storm Drain facilities including manhole covers, catch basins, pipes, drains, and treatment of storm water run-off,
• Landscaping –
• Police, fire and emergency services.

The proceeds of the special tax shall be used as set forth above and shall not be used for any other purpose.

Section 6 The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting said special taxes.

Section 7 All monies collected shall be paid into a fund for the District, including any reserve fund amounts.

Section 8 The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public services” or “special tax” or by any other suitable designation, the installment of the special tax and the exact rate of the special tax as stated above.

Section 9 The County Auditor shall then, at the close of the tax collection period, promptly render to the City of Hughson, a detailed report showing the amount(s) of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making such collection.

PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 27th day of July 2026 by the following vote:
>

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_____________________
GEORGE CARR, Mayor
ATTEST:

______________________________
DOMINIQUE ROMO, City Manager

APN Building
Status
Special Tax
Levy
018-097-010 Developed $1,066.00
018-097-011 Developed $1,066.00
018-097-012 Developed $1,066.00
018-097-013 Developed $1,066.00
018-097-022 Developed $1,066.00
018-097-023 Developed $1,066.00
018-097-024 Developed $1,066.00
018-097-025 Developed $1,066.00
018-097-026 Developed $1,066.00
018-097-027 Developed $1,066.00
018-097-028 Developed $1,066.00
018-097-029 Developed $1,066.00
018-097-030 Developed $1,066.00
018-097-031 Developed $1,066.00
018-097-032 Developed $1,066.00
018-097-033 Developed $1,066.00
018-097-034 Developed $1,066.00
018-097-035 Developed $1,066.00
018-097-036 Developed $1,066.00
018-097-037 Developed $1,066.00
018-097-038 Developed $1,066.00
018-097-039 Developed $1,066.00
018-097-040 Developed $1,066.00
018-097-041 Developed $1,066.00
018-097-042 Developed $1,066.00
018-097-043 Developed $1,066.00
018-097-044 Developed $1,066.00
018-097-045 Developed $1,066.00
018-097-046 Developed $1,066.00
018-097-047 Developed $1,066.00
018-097-048 Developed $1,066.00
018-097-049 Developed $1,066.00
018-097-050 Developed $1,066.00
018-097-051 Developed $1,066.00
018-097-052 Developed $1,066.00
018-097-053 Developed $1,066.00
018-097-054 Developed $1,066.00
018-097-055 Developed $1,066.00
018-097-056 Developed $1,066.00
018-097-057 Developed $1,066.00
018-097-058 Developed $1,066.00
018-097-059 Developed $1,066.00

EXHIBIT A
2026/2027 SPECIAL TAX RATES BY PARCEL

018-097-060 Developed $1,066.00
018-097-061 Developed $1,066.00
018-097-062 Developed $1,066.00
018-097-063 Developed $1,066.00
018-097-064 Developed $1,066.00
018-097-065 Developed $1,066.00
018-097-066 Developed $1,066.00
018-097-067 Developed $1,066.00
018-097-068 Developed $1,066.00
018-097-069 Developed $1,066.00
018-097-070 Developed $1,066.00
018-097-071 Developed $1,066.00
018-097-072 Developed $1,066.00
018-097-073 Developed $1,066.00
018-097-074 Developed $1,066.00
018-097-075 Developed $1,066.00
018-097-076 Developed $1,066.00
018-097-077 Developed $1,066.00
018-097-078 Developed $1,066.00
018-097-079 Developed $1,066.00
018-097-080 Developed $1,066.00
018-097-081 Developed $1,066.00
018-097-082 Developed $1,066.00
018-097-083 Developed $1,066.00
018-097-084 Developed $1,066.00
018-097-085 Developed $1,066.00
018-097-086 Developed $1,066.00
018-097-098 Developed $1,066.00
018-097-099 Developed $1,066.00
018-097-100 Developed $1,066.00
018-097-101 Developed $1,066.00
018-097-102 Developed $1,066.00
018-097-103 Developed $1,066.00
018-097-104 Developed $1,066.00
018-097-105 Developed $1,066.00
018-097-106 Developed $1,066.00
018-097-107 Developed $1,066.00
018-097-108 Developed $1,066.00
018-098-001 Developed $1,066.00
018-098-002 Developed $1,066.00
018-098-003 Developed $1,066.00
018-098-004 Developed $1,066.00
018-098-005 Developed $1,066.00
018-098-006 Developed $1,066.00

018-098-007 Developed $1,066.00
018-098-008 Developed $1,066.00
018-098-009 Developed $1,066.00
018-098-010 Developed $1,066.00
018-098-011 Developed $1,066.00
018-098-012 Developed $1,066.00
018-098-013 Developed $1,066.00
018-098-014 Developed $1,066.00
018-098-015 Developed $1,066.00
018-098-016 Developed $1,066.00
018-098-017 Developed $1,066.00
018-098-018 Developed $1,066.00
018-098-019 Developed $1,066.00
018-098-020 Developed $1,066.00
018-098-021 Developed $1,066.00
018-098-022 Developed $1,066.00
018-098-023 Developed $1,066.00
018-098-024 Developed $1,066.00
018-098-025 Developed $1,066.00
018-098-026 Developed $1,066.00
018-098-027 Developed $1,066.00
018-098-028 Developed $1,066.00
018-098-029 Developed $1,066.00
018-098-030 Developed $1,066.00
018-098-031 Developed $1,066.00
018-098-032 Developed $1,066.00
018-098-033 Developed $1,066.00
018-098-034 Developed $1,066.00
018-098-035 Developed $1,066.00
018-098-036 Developed $1,066.00
018-098-037 Developed $1,066.00
018-098-038 Developed $1,066.00
018-098-039 Developed $1,066.00
018-098-040 Developed $1,066.00
018-098-041 Developed $1,066.00
018-098-042 Developed $1,066.00
018-098-043 Developed $1,066.00
018-098-044 Developed $1,066.00
018-098-045 Developed $1,066.00
018-098-046 Developed $1,066.00
018-098-047 Developed $1,066.00
018-098-048 Developed $1,066.00
018-098-049 Developed $1,066.00
018-098-050 Developed $1,066.00

018-098-051 Developed $1,066.00
018-098-052 Developed $1,066.00
018-098-053 Developed $1,066.00
018-098-054 Developed $1,066.00
018-098-055 Developed $1,066.00
018-098-056 Developed $1,066.00
018-098-057 Developed $1,066.00
018-098-058 Developed $1,066.00
018-098-059 Developed $1,066.00
018-098-060 Developed $1,066.00
018-098-061 Developed $1,066.00
018-098-062 Developed $1,066.00
018-098-063 Developed $1,066.00
018-098-064 Developed $1,066.00
018-098-065 Developed $1,066.00
018-098-066 Developed $1,066.00
018-098-067 Developed $1,066.00
018-098-068 Developed $1,066.00
018-098-069 Developed $1,066.00
018-098-070 Developed $1,066.00
018-098-071 Developed $1,066.00
018-098-072 Developed $1,066.00
018-098-073 Developed $1,066.00
018-098-074 Developed $1,066.00
018-098-075 Developed $1,066.00
018-098-076 Developed $1,066.00
018-098-077 Developed $1,066.00
018-098-078 Developed $1,066.00
018-098-079 Developed $1,066.00
018-099-004 Developed $1,066.00
018-099-005 Developed $1,066.00
018-099-006 Developed $1,066.00
018-099-007 Developed $1,066.00
018-099-008 Developed $1,066.00
018-099-009 Developed $1,066.00
018-099-010 Developed $1,066.00
018-099-011 Developed $1,066.00
018-099-012 Developed $1,066.00
018-099-013 Developed $1,066.00
018-099-014 Developed $1,066.00
018-099-015 Developed $1,066.00
018-099-016 Developed $1,066.00
018-099-017 Developed $1,066.00
018-099-018 Developed $1,066.00

018-099-019 Developed $1,066.00
018-099-020 Developed $1,066.00
018-099-021 Developed $1,066.00
018-099-022 Developed $1,066.00
018-099-023 Developed $1,066.00
018-099-024 Developed $1,066.00
018-099-025 Developed $1,066.00
018-099-026 Developed $1,066.00
018-099-027 Developed $1,066.00
018-099-028 Developed $1,066.00
018-099-029 Developed $1,066.00
018-099-030 Developed $1,066.00
018-099-031 Developed $1,066.00
018-099-032 Developed $1,066.00
018-099-033 Developed $1,066.00
018-099-034 Developed $1,066.00
018-099-035 Developed $1,066.00
018-099-036 Developed $1,066.00
018-099-037 Developed $1,066.00
018-099-038 Developed $1,066.00
018-099-039 Developed $1,066.00
018-099-040 Developed $1,066.00
018-099-041 Developed $1,066.00
018-099-042 Developed $1,066.00
018-099-043 Developed $1,066.00
018-099-044 Developed $1,066.00
018-099-051 Developed $1,066.00
018-099-052 Developed $1,066.00
018-099-053 Developed $1,066.00
018-099-055 Developed $1,066.00
018-099-056 Developed $1,066.00
018-100-002 Developed $1,066.00
018-100-003 Developed $1,066.00
018-100-005 Developed $1,066.00
018-100-006 Developed $1,066.00
018-100-007 Developed $1,066.00
018-100-008 Developed $1,066.00
018-100-009 Developed $1,066.00
018-100-068 Developed $1,066.00
018-100-069 Developed $1,066.00
018-100-070 Developed $1,066.00
018-100-071 Developed $1,066.00
018-100-072 Developed $1,066.00
018-100-073 Developed $1,066.00

018-100-074 Developed $1,066.00
018-100-075 Developed $1,066.00
018-100-076 Developed $1,066.00
018-100-077 Developed $1,066.00
018-100-078 Developed $1,066.00
018-100-079 Developed $1,066.00
$238,784.00
This list will be updated prior to County submittal to include any other building permits issued prior to July 1, 2026.

Meeting Date: July 27, 2026
Subject: Voting Delegate for League of California Cities Annual Conference Presented By: Dominique Romo, City Manager
Approved By:
______________________________
Dominique Romo, City Manager
Recommended Council Action:

Approve designating Councilmember Alan McFadon as the Voting Delegate for the League of California Cities Annual Conference and Expo, scheduled for September 23–25, 2026, at the Anaheim Convention Center in Anaheim, California.

Background and Overview:

The League of California Cities holds its Annual Business Meeting during the conference, where member cities vote on resolutions that help shape statewide municipal policy. Each member city is entitled to one vote on matters presented at the General Assembly.

Councilmember McFadon is registered and scheduled to attend the 2026 Annual Conference and Expo. To ensure Hughson’s representation in the voting process, the City Council must formally designate him as the voting delegate. Upon approval, City staff will register Councilmember McFadon with the League as Hughson’s official delegate.

Fiscal Impact:

There is no fiscal impact with this action.

CITY COUNCIL AGENDA ITEM NO. 3.5
SECTION 3: CONSENT CALENDAR

Meeting Date: July 27, 2026
Subject: Confirming Diagrams, Assessments and Reports and Levying Assessments for Fiscal Year 2026-27 for All Landscape and Lighting Districts (LLDs) and All Benefit Assessment Districts (BADs) within the City of Hughson
Enclosures: FY 2026-27 Engineer’s Report LLDs
FY 2026-27 Engineer’s Report BADs
Presented By: Dominique Romo, City Manager
Kim Weimer, Director of Finance and Administrative Services Approved By: ____________________________
Dominique Romo, City Manager
Recommended Council Action:

Adopt Resolution No. 2026-24, confirming diagrams, assessments and reports and levying assessments for Fiscal Year 2026-27, for all Landscape and Lighting Districts and all Benefit Assessment Districts within the City of Hughson; and Direct Harris & Associates Assessment Engineer to file, or cause to be filed, a certified copy of said Resolutions and the report for each Assessment District with the Stanislaus County Tax Collector.

Background and Overview:

The City of Hughson utilizes special financing districts to provide various services and improvements to property owners within the City. The three different types of assessment districts are Landscaping and Lighting Districts (LLD), Benefit Assessment Districts (BAD), and one Community Facility District (CFD). This item addresses the actions needed on the City’s BADs and LLDs only.

Each LLD is formed, and the annual assessments are levied, pursuant to the Lighting and Landscaping Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the 1972 Act). The BADs are formed, and annual assessments are levied, pursuant to the Benefit Assessment Act of 1982 (the 1982 Act), Part 1 of Division 2 of the California Government Code. The Community Facilities District was formed, and the annual CITY COUNCIL AGENDA ITEM NO. 5.1
SECTION 5: PUBLIC HEARING

assessment is levied, pursuant to the Mello-Roos Community Facilities Act of 1982, Part 1 of Division 2 of the 2014 California Government Code (the Act).

The City of Hughson worked with Harris & Associates staff on the administration of the City’s 22 assessment districts: Fifteen (15) LLDs, and Seven (7) BADs. Each year staff reviews the anticipated costs of maintaining each district for the next fiscal year, establishes assessments attributable to each parcel, and requires a specific assessment amount to be levied through the County property tax roll upon Council approval. An annual Engineer’s Benefit Assessment (Report) for each district is then prepared – describing/reviewing the individual districts, incorporating any changes to the district and proposed assessments, and identifying the proposed levies for the upcoming fiscal year. The proposed assessments and levies are based on both the historical and estimated costs of providing services to maintain the improvements that provide a direct and special benefit to properties within each respective district. The costs of the improvements and the annual levies include expenditures, deficits, surpluses, revenues, and reserves. In most districts, parcels are assessed proportionately for the special benefit provided by the district.

Following final approval of the Engineer’s Reports and confirmation of the assessments, the City Council may order the levy and the collection of the assessments for the 2026-27 Fiscal Year pursuant to the 1972 and 1982 Acts. Once the Council approves the levy and the collection of the assessments, the information will be submitted to the County AuditorController in August, to be included on the Tax Roll for each benefiting parcel for Fiscal Year 2026-27.

Adopting the Assessments and Reports, Levying Assessments, and Establishing the Annual Special Tax for this fiscal year for the Landscaping and Lighting Districts (LLDs) and Benefit Assessment Districts (BADs) directly supports the Hughson City Council’s adopted values of Fiscal Responsibility, Customer Focus, and Results Oriented. It also advances the Council’s Strategic Priorities, including Good Governance, Infrastructure Investment, Ensuring Fiscal Health, and Promoting Quality of Life.

These actions enable the City to collect the necessary funds to maintain essential public infrastructure such as streets, sidewalks, lighting, parks, storm drainage systems, and landscaping; as well as acquiring and maintaining equipment needed for operations and maintenance in these districts. Securing these revenues preserves a balanced and sustainable budget, ensures efficient services are delivered, and enhances the overall quality of life for Hughson residents.

The proposed budgets for each assessment district, along with the attached Engineering Reports, provide detailed financial information for Fiscal Year 2026–27. These budgets are based on a review of the original formation documents, validation of assessment rate history, and actual costs incurred in prior years. In collaboration with Harris & Associates, City staff conducted a thorough evaluation and determined that limiting changes to current district budgets was appropriate due to fiscal necessity. The process included reviewing prior year budget items, assessing current fund balances, evaluating allowable assessment amounts, and making targeted adjustments where necessary. As done in previous years, City staff focused on, minimizing administrative costs where possible, proposing

infrastructure improvements in districts with no structural deficits, and healthy reserve balances. This approach ensures responsible financial stewardship while continuing to support infrastructure needs and maintain service levels across all districts.

In an overview of the Engineer’s Reports, Exhibit A – Landscaping and Lighting Districts (LLDs) - contains the Engineer’s Report for each LLD. The generally authorized improvements and services within these districts include maintenance of landscaping and irrigation systems, street tree maintenance, removal, and replacement graffiti removal, and street lighting energy costs. These services help ensure safe, attractive, and well-lit public spaces throughout the community. Exhibit B – Benefit Assessment Districts (BADs) - contains the Engineer’s Report for each BAD. The generally authorized improvements and services within these districts include Drainage infrastructure maintenance, retention basin maintenance, street sweeping, cleaning, and repairs, sidewalk maintenance, and graffiti abatement. These services support clean, functional, and well-maintained public infrastructure, contributing to neighborhood quality and safety.

Plan for the Districts with Negative Fund Balances:

In past years, City staff proposed initiating a Proposition 218 Assessment Rate Increase Election to address underfunded districts and districts lacking annual inflationary adjustments. However, due to various reasons, staff chose to postpone the proposal out of consideration for residents. City staff will pursue the Proposition 218 process in Fiscal Year 2026–27 in efforts to address the specific districts with fiscal challenges. The goals of this process include implementing an annual assessment rate escalator for districts that currently lack one and increasing assessment rates to address the negative fund balances.

Several assessment districts continue to project and carry negative fund balances into the next fiscal years, with their current reserves being insufficient to cover future costs, presenting a potential serious challenge in maintaining service levels needed.

If proposed assessment rate increases are not approved through the Proposition 218 process significant reductions in service levels may be necessary in affected districts.

Services such as landscaping, lighting, street maintenance, and graffiti abatement may need to be scaled back or deferred, as the City may need to take protective measures to avoid shifting these costs to the General Fund, which could impact citywide services and priorities. Maintaining the integrity of the General Fund is essential in supporting core city services, preserving financial flexibility, and avoiding unintended trade-offs in other areas of the budget.

If approved by voters, the Proposition 218 process will help to restore financial stability in affected districts, ensure long-term sustainability of services and infrastructure and align assessment rates with actual service costs and inflation. Currently, seven (7) districts lack an annual escalator and four (4) carry significant negative fund balances. • Brittany Woods LLD -$19,222.53
• Feathers Glen LLD -$7,597.03
• Fontana Ranch South LLD -$4,911.43
• Rhapsody Unit No. 1 -$322.97

• Santa Fe Estates 1 LLD -$136,472.30
• Santa Fe Estates 2 LLD -$90,167.61
• Walnut Haven III LLD -$9,890.28
• Fontana Ranch South BAD -$3,635.93
Annual Inflationary Adjustment:

Each year, the February Consumer Price Index (CPI) is used to determine the Maximum Assessment Rate for the City’s special districts. For Fiscal Year 2026–27, the February CPI was 2.4769% (rounded). Annual increases to the assessment rate are indexed to the CPI plus 3%, based on data from the U.S. Department of Labor, Bureau of Labor Statistics for the San Francisco/Oakland/San José Urban Wage Earners and Clerical Workers. This formula establishes a new inflation-adjusted maximum assessment rate that may be levied without requiring a Proposition 218 ballot proceeding. While the maximum rate typically increases each year, the actual assessment levied is based on the district’s annual budget.

The levied amount may be less than the maximum, depending on service needs, fund balances, and fiscal strategy.

Public Participation:

Public participation is provided in accordance with Proposition 218 for the tax levy of Benefit Assessment Districts (BADs) and Landscape and Lighting Assessment Districts (LLDs). This action does not involve changes that require a Proposition 218 ballot proceeding, therefore no affirming ballot process is necessary currently.

The scheduled Public Hearing offers impacted property owners the opportunity to review proposed assessment changes, provide comments or concerns, and address the City Council directly. This ensures transparency and gives residents a formal platform to engage in the decision-making process regarding their district assessments. The Public Hearing Notice was published in the Hughson Chronicle on July 14, 2026.

Fiscal Impact:

The Landscaping and Lighting Districts (LLDs) and Benefit Assessment Districts (BADs) provide annual funding to support specific services and improvements for properties within their approved boundaries in the City of Hughson. For Fiscal Year 2026–27, annual assessments are expected to generate approximately $358,938 in total revenue to support labor and administration, utilities and equipment, materials and supplies, and the preparation and completions of the annual Engineer’s Reports.

The total cost for Professional Services provided by Harris & Associates is budgeted at $18,450 for Fiscal Year 2026–27, which includes technical support, report preparation, and assistance with assessment administration for all assessment districts, including the BADs, LLDs, and CFDs.

CITY OF HUGHSON
ENGINEER’S REPORT
FISCAL YEAR 2026-27

LANDSCAPE & LIGHTING MAINTENANCE DISTRICTS

June 2026

PREPARED BY
Harris & Associates
22 Executive Park, Suite 200
Irvine, CA 92614
(949) 655-3900
www.weareharris.com

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
ENGINEER’S REPORT FOR
FISCAL YEAR 2026-27

LANDSCAPE & LIGHTING MAINTENANCE DISTRICTS
City of Hughson
State of California

APPROVED BY THE CITY COUNCIL OF THE CITY OF HUGHSON FOR THE LANDSCAPE & LIGHTING DISTRICTS OF THE CITY OF HUGHSON, STATE OF CALIFORNIA ON THE _____ DAY OF _________, 2026.

CITY CLERK

CITY OF HUGHSON

STATE OF CALIFORNIA

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27

TABLE OF CONTENTS
1 2
4 5
22 23
Table of Contents
Summary of District Assessments
Statement of Assessment Engineer
Part I – Plans and Specifications
Part II – Estimate of Costs
Part III – District Diagrams
Part IV – Method of Apportionment
Appendices
Appendix A – Assessment Roll
Appendix B – District Diagrams

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
1 SUMMARY OF DISTRICT ASSESSMENTS
Summary of District Assessments
The February Consumer Price Index (“CPI”) is used to determine the Maximum Assessment Rate each year. The February CPI, plus a 3% escalation, is added to the previous year’s Maximum Rate per EDU to determine the adjusted Maximum Rate per EDU for each District for the current year. Please refer to Section II of this Report, “Assessment Range Formula”, for a complete description of the CPI and how it is calculated.

The February Consumer Price Index (“CPI”) is used to determine the Maximum Assessment Rate each year. The February CPI is added to the previous years’ Maximum Assessment Rate to determine the adjusted Maximum Assessment for Euclid North, Euclid South, Feathers Glen, Fontana Ranch North, Fontana Ranch South, Sterling Glen III, Rhapsody II and the Sterling Glen Annexation. The February 2026 CPI was 2.47694% (rounded). Please refer to Section IV of this Report, “Assessment Range Formula” for a complete description of the CPI tables used for this purpose.

The calculated Maximum Assessment for each District is shown on the individual Budget pages in Section IV of this Report.

Also, as stated in Section IV, “Assessment Range Formula”, Brittany Woods, Rhapsody Unit 1, Santa Fe Estates Phase 1, Santa Fe Estates Phase 2, Starn Estates, Sun Glow Estates and Walnut Haven III do not have an allowable inflationary adjustment and as a result, CPI is not applied to the Maximum Assessment for those Districts.

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
2 STATEMENT OF ASSESSMENT ENGINEER
Statement of Assessment Engineer
AGENCY: CITY OF HUGHSON
PROJECT: LANDSCAPE & LIGHTING MAINTENANCE DISTRICTS
TO: THE CITY COUNCIL OF THE

CITY OF HUGHSON

STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2026-27
The preparation of this Annual Engineer’s Report (“Report”) is in conformance with the obligation of the City Council of the City of Hughson to provide landscape and lighting services upon each lot or parcel of land in the districts in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2026-27.

Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) (“Act”), Article XIIID, Section 254(a) of the State of California Constitution, the City Council of the City of Hughson has adopted a Resolution ordering this Report for the Districts. The Report consists of the following Parts:

PART I
Description of Improvements: This part provides a general description of improvements proposed to be maintained in the Districts. Plans and specifications for the improvements are on file with the City Clerk.

PART II
Estimate of Cost: This part contains the cost estimate of the proposed maintenance including incidental costs and expenses for Fiscal Year 2026-27.

PART III
District Diagram: This part incorporates a Diagram of the Districts showing the external boundaries of the Districts. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Stanislaus County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The District Diagrams are also filed under separate cover with the City Clerk.

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
3 PART IV
Method of Apportionment of the Assessments: This part describes the method of apportionment of assessments, based upon parcel classification of land within the Districts in proportion to the estimated special benefits to be received. The costs and expenses of the Districts have been assessed upon the parcels of land within the boundaries of Districts pursuant to the initial methodology established upon formation of the Districts. For particulars as to the identification of parcels, reference is made to the District Diagrams.

Appendices
Appendix A – Assessment Roll
Appendix B – District Diagrams
Harris and Associates has agreed to perform the administrative function of submitting the assessment amounts to Stanislaus County for the 2026-27 tax year, based on previous City Council approvals.

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
4 PART I – PLANS AND SPECIFICATIONS
Plans and Specifications
Plans and specifications for the improvements are on file with the City and are incorporated herein by reference. • Brittany Woods LLD: Maintenance landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 12 streetlights.
• Central Hughson LLD: Maintenance of landscaping, irrigation systems and street lighting maintenance and energy costs for 19 streetlights.
• Euclid North LLD: Maintenance of landscaping, including in the community park, irrigation systems, street lighting maintenance and energy costs for 16 streetlights, street tree maintenance and graffiti removal. • Euclid South LLD: Maintenance of landscaping, irrigation systems, street lighting maintenance and energy costs for 18 streetlights, street tree maintenance, removal and replacement, graffiti removal. • Feathers Glen LLD: Maintenance of landscaping, including the community park, irrigation systems, street lighting maintenance and energy costs for 13 streetlights, street tree maintenance and graffiti removal. • Fontana Ranch North LLD: Maintenance landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 38 streetlights.
• Fontana Ranch South LLD: Maintenance landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 20 streetlights.
• Rhapsody #1 LLD: Maintenance landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 11 streetlights.
• Rhapsody #2 LLD: Maintenance landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 9 streetlights.
• Santa Fe #1 LLD: Maintenance landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 12 streetlights.
• Santa Fe #2 LLD: Maintenance landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 9 streetlights.
• Starn Estates LLD: Maintenance landscaping, irrigation systems, and street lighting maintenance and energy costs for 12 streetlights.
• Sterling Glen III LLD: Maintenance of landscaping, including in the community park, irrigation systems, street lighting maintenance and energy costs for 25 streetlights. Also includes street tree maintenance, removal and replacement and graffiti removal.
• Sun Glow Estates LLD: Maintenance landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 15 streetlights.

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
5 • Walnut Haven LLD: Maintenance landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 7 streetlights.

PART II – ESTIMATE OF COSTS
Estimate of Costs
The estimated budget for the annual maintenance and servicing of the improvements and the proportionate share of administration costs for each District have been prepared based on the estimated and historical costs. The individual District budgets are shown on the following pages.

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
6

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
7

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
8

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
9

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
10

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
11

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
12

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
13

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
14

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
15

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
16

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
17

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
18

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
19

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
20

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
21

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
22 PART III - DISTRICT DIAGRAMS
District Diagrams
The boundaries of Districts are shown on the maps in Appendix B. The lines and dimensions of each lot or parcel within the Districts are those lines and dimensions as shown on the maps of the Stanislaus County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
23 PART IV – METHOD OF APPORTIONMENT
Method of Apportionment
The 1972 Act allows for the establishment of assessment districts by public agencies for the purpose of providing certain public improvements as detailed in Section I of this Report. The 1972 Act also requires that the cost of these improvements and services be assessed based on benefit received rather than by assessed value of the properties being assessed. In accordance with the 1972 Act, Section 22573:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among assessable lots or parcels in proportion to the estimated benefits received by each such lot or parcel from the improvements” The method of apportionment described in this Report and approved as part of the original formation proceedings for each District, utilizes commonly accepted engineering practices which have been established pursuant to the 1972 Act and the California Constitution for the allocation of special benefit assessments. The calculation of assessments is based upon the parcel type and the services and improvements provided to equitably apportion the costs based on the special benefit received by each lot or parcel. The special benefit received by each lot or parcel is over and above any general benefit conferred upon said lots or parcels or to the public at large.

DESCRIPTION OF BENEFIT
General Benefit
The improvements maintained within the Districts were installed as part of the development of the properties within the Districts and would not otherwise be required or necessary absent that development. The landscaping, irrigation systems, street trees, street lighting, community park improvements, graffiti abatement activities, and related appurtenant facilities were constructed either as conditions of approval for the development or to serve the development needs, character, safety, and marketability of the properties within the Districts. Accordingly, the improvements were specifically designed to benefit and serve the properties within the Districts rather than properties outside the District boundaries.

Although certain improvements may be visible to surrounding properties or to the public at large, any benefit received by properties outside the Districts or by the public is incidental, secondary, and not separable from the special benefits conferred upon the assessed parcels within the Districts. Therefore, the operation, maintenance, and servicing of the improvements provide no measurable general benefit requiring separate funding unless otherwise identified in this Report.

Special Benefit
The improvements and associated costs have been allocated to the assessable properties within the Districts based upon the special benefit received by those properties, pursuant to the provisions of the 1972 Act and the California Constitution.

The improvements for which the properties are assessed were required as part of the approved development of the individual tracts and continue to provide direct and particular benefits through their ongoing operation, maintenance, repair, replacement, and servicing. Accordingly, the costs associated with maintaining these improvements are properly

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
24 allocated to the properties receiving those special benefits. As such, the improvements and continuing maintenance and servicing are strictly the obligation of the properties within the Districts.

Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each assessable lot or parcel receives distinct and special benefits from the improvements and services provided, including the visual desirability provided by well-maintained landscaping. In accordance with Article XIII D, Section 4 of the California Constitution:
“Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or the public at large” Some of the special benefits associated with local landscaping and lighting improvements are:
• Enhanced desirability and marketability of properties through proximity to and association with well-maintained improvements.
• Improved aesthetic appearance and visual environment within the development. • Improved ingress and egress to properties through enhanced visibility and circulation within the development.
• Improved traffic visibility and circulation.
• Improved accessibility for emergency vehicles.
• Enhanced nighttime visibility and security for residents, visitors, and property users. • Preservation of community character and development standards established for the development. • Improved functionality and appearance of landscaping, street trees, community park areas, irrigation systems, and related improvements.

ASSESSMENT RANGE FORMULA
It is generally recognized that most budgetary items will be impacted by inflation in future years. In accordance with the California Constitution, Section 53739 (b)(1), assessments “may be adjusted for inflation pursuant to a clearly defined formula…” A formula for an inflationary adjustment is therefore included as part of the maximum assessment within the Districts that allow for such, and was approved by the property owner(s) at the time of formation/annexation. The formula, as described below, allows for annual adjustments to the assessments.

Generally, any new or increased assessment requires certain noticing and meeting requirements by law. The Brown Act excludes certain conditions of a new or increased assessment. These conditions include, “An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public…and that was previously adopted by the agency…”
The initial maximum assessment for each District was established at the time of formation/annexation. The Brittany Woods, Rhapsody Unit 1, Santa Fe Estates Phase 1, Santa Fe Estates Phase 2, Starn Estates, Sun Glow Estates and Walnut Haven III Districts however, do not have an inflationary adjustment. These Districts were created prior to the adoption of Proposition 218 in 1996 and did not include a provision to increase the initial maximum assessment. The initial maximum

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
25 assessments for the remaining Districts have been adjusted each fiscal year subsequent to the year of formation by the following Assessment Range Formula:
• The Maximum Assessment Rate allowed each fiscal year (the “Adjusted Maximum Assessment Rate”) shall be based on the initial maximum assessment, adjusted annually by Bureau of Labor Statistics, Consumer Price Index for the month of February, All Urban Consumers, (“CPI”) for the San Francisco/Oakland/San Jose area, plus a 3% escalation. Should the Bureau of Labor Statistics revise or discontinue the preparation of such index, the City reserves the right to use such revised index or a comparable system to determine fluctuations in the annual cost of living. • Each fiscal year, the February CPI amount, plus a 3% escalation, has been applied to the Maximum Assessment Rate established the previous fiscal year to calculate the appropriate Adjusted Maximum Assessment Rate for the then current fiscal year. • If the proposed annual assessment rate for the upcoming fiscal year is less than or equal to the Adjusted Maximum Assessment Rate established for that fiscal year, then the proposed annual assessment is not considered an increased assessment.

Beginning in the second fiscal year after the formation of a District, the Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate (Adjusted Maximum Assessment Rate) has been established for each fiscal year using the Assessment Range Formula described above. The Adjusted Maximum Assessment Rate has been calculated independent of the annual budget and proposed assessment rate for the given fiscal year. As stated above, if the proposed annual assessment for any fiscal year does not exceed the Adjusted Maximum Assessment Rate for that year, it is not considered an increased assessment under the terms of Proposition 218.

The CPI increase for the one-year period ending in February 2026 is 2.47694% (rounded). This amount, plus a 3% escalation, will be applied to the Maximum Assessment for the Central Hughson, Euclid North, Euclid South, Feathers Glen, Fontana Ranch North, Fontana Ranch South, Rhapsody II and Sterling Glen III Districts only, which will establish the Adjusted Maximum Assessment for each of these Districts for Fiscal Year 2026-27. The 2026-27 Maximum Assessment for each of these Districts is shown on the budget pages in Section II of this Report.

As stated above, the Brittany Woods, Rhapsody Unit 1, Santa Fe Estates Phase 1, Santa Fe Estates Phase 2, Starn Estates, Sun Glow Estates and Walnut Haven III Districts, do not currently have an inflationary adjustment.

To impose a new assessment or increased assessment in excess of the Maximum Assessment Rate for the current fiscal year, as provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution, Article XIII D, Section 4c that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners must approve the proposed new or increased assessment via a property owner protest balloting process before any such new or increased assessment can be imposed.

A protest occurs when, at the public hearing, the returned assessment ballots opposed to the new or increased assessment outweigh the returned ballots in favor of the new or increased assessment, weighing those assessment ballots by the financial obligation of each parcel.

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
26 The definition of new or increased assessments includes any assessment which, 1) did not previously exist or, 2) exceeds a previously approved assessment amount or assessment range formula which has been adopted by the agency and approved by the property owners in the area where the assessment is imposed.

ASSESSMENT METHODOLOGY
The assessment methodology used to determine the financial obligation of each parcel is based upon the special benefits conferred by the improvements and services maintained within each District. The methodology considers the type and use of each parcel and allocates costs in a manner that reasonably reflects the proportional special benefit received by the parcel.

A commonly accepted method of apportionment for maintenance assessment districts such as these is the Per Parcel Method, which recognizes that parcels of similar land use and development characteristics receive substantially similar special benefits from the improvements and services provided. This method is particularly appropriate where all assessable parcels within a District are of the same land use type and receive substantially equivalent special benefits.

With the exception of the Central Hughson District, each District consists solely of single-family residential parcels. Because the parcels are of similar land use and development intensity and receive substantially equivalent special benefits from the improvements and services maintained by the District, each assessable parcel is assigned an equal share of the annual assessment. Accordingly, the Total Balance to Levy, as shown in the Budget section of this Report, is divided equally among the assessable parcels within each District to determine the annual assessment rate per parcel.

The Central Hughson District contains multiple land use classifications, including single-family residential, commercial, agricultural, and vacant parcels. Because the relative special benefits received by these parcels vary based on parcel characteristics and development intensity, the annual assessment is apportioned according to parcel size. Parcel size is used as a reasonable measure of the proportional special benefit received from the improvements and services maintained by the District.

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
27 APPENDIX A – ASSESSMENT ROLL
Assessment Roll
Parcel Identification for each lot or parcel within the Districts shall be based on available parcel maps and other property data from the Stanislaus County Assessor’s office as they existed at the time this Report was prepared and adopted by the City Council.

A listing of parcels assessed within each District for Fiscal Year 2026-27, along with the corresponding assessment amounts, is included on the following pages. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-way, including public greenbelts and parkways; utility rights-of-way; common areas; landlocked parcels; small parcels vacated by the County, bifurcated lots and any other property that cannot be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
28 Brittany Woods Landscape and Lighting District
Fiscal Year 2026-27 Assessment Roll
Assessment # APN
Parcel
Type
Maximum
Assessment
Rate
2026-27
Proposed
Assessment
1 018-085-001 SFR $124.00 $124.00
2 018-085-002 SFR $124.00 $124.00
3 018-085-003 SFR $124.00 $124.00
4 018-085-004 SFR $124.00 $124.00
5 018-085-005 SFR $124.00 $124.00
6 018-085-006 SFR $124.00 $124.00
7 018-085-007 SFR $124.00 $124.00
8 018-085-008 SFR $124.00 $124.00
9 018-085-009 SFR $124.00 $124.00
10 018-085-010 SFR $124.00 $124.00
11 018-085-011 SFR $124.00 $124.00
12 018-085-012 SFR $124.00 $124.00
13 018-085-013 SFR $124.00 $124.00
14 018-085-014 SFR $124.00 $124.00
15 018-085-015 SFR $124.00 $124.00
16 018-085-016 SFR $124.00 $124.00
17 018-085-017 SFR $124.00 $124.00
18 018-085-018 SFR $124.00 $124.00
19 018-085-019 SFR $124.00 $124.00
20 018-085-020 SFR $124.00 $124.00
21 018-085-021 SFR $124.00 $124.00
22 018-085-022 SFR $124.00 $124.00
23 018-085-023 SFR $124.00 $124.00
24 018-085-024 SFR $124.00 $124.00
25 018-085-025 SFR $124.00 $124.00
26 018-085-026 SFR $124.00 $124.00
27 018-085-027 SFR $124.00 $124.00
28 018-085-028 SFR $124.00 $124.00
29 018-085-029 SFR $124.00 $124.00
30 018-085-030 SFR $124.00 $124.00
31 018-085-031 SFR $124.00 $124.00
32 018-085-032 SFR $124.00 $124.00
33 018-085-033 SFR $124.00 $124.00
34 018-085-034 SFR $124.00 $124.00
35 018-085-035 SFR $124.00 $124.00
36 018-085-036 SFR $124.00 $124.00
37 018-085-037 SFR $124.00 $124.00

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
29 Brittany Woods Landscape and Lighting District
Fiscal Year 2026-27 Assessment Roll

Assessment # APN
Parcel
Type
Maximum
Assessment
Rate
2026-27
Proposed
Assessment
38 018-085-038 SFR $124.00 $124.00
39 018-085-039 SFR $124.00 $124.00
40 018-085-040 SFR $124.00 $124.00
41 018-085-041 SFR $124.00 $124.00
42 018-085-042 SFR $124.00 $124.00
43 018-085-043 SFR $124.00 $124.00
44 018-085-044 SFR $124.00 $124.00
45 018-085-045 SFR $124.00 $124.00
46 018-085-046 SFR $124.00 $124.00
47 018-085-047 SFR $124.00 $124.00
48 018-085-048 SFR $124.00 $124.00
49 018-085-049 SFR $124.00 $124.00
50 018-085-050 SFR $124.00 $124.00
51 018-085-051 SFR $124.00 $124.00
52 018-085-052 SFR $124.00 $124.00
53 018-085-053 SFR $124.00 $124.00
54 018-085-054 SFR $124.00 $124.00
55 018-085-055 SFR $124.00 $124.00
56 018-085-056 SFR $124.00 $124.00
57 018-085-057 SFR $124.00 $124.00
58 018-085-058 SFR $124.00 $124.00
59 018-085-059 SFR $124.00 $124.00
60 018-085-060 SFR $124.00 $124.00
61 018-085-061 SFR $124.00 $124.00
62 018-085-062 SFR $124.00 $124.00
63 018-085-063 SFR $124.00 $124.00
64 018-085-064 SFR $124.00 $124.00
A 018-085-065 Basin $124.00 $0.00
65 018-085-066 SFR $124.00 $124.00
$8,060.00

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
30 Central Hughson Landscape and Lighting District
Fiscal Year 2026-27 Assessment Roll
Assessment # APN Acres
Parcel
Type
2026-27
Proposed
Assessment
48 018-019-028 1.07 SFR $63.32
1 018-030-010 0.81 Vac Res $374.02
2 018-030-011 0.81 Vac Res $374.02
3 018-030-015 7.78 Vac Com $374.02
4 018-030-016 14.59 Com $363.00
5 018-042-004 0.92 Com $374.02
6 018-042-039 2.96 Com $374.02
49 018-042-048 0.07 Com $147.90
7 018-042-069 0.65 Com $374.02
8 018-042-070 0.75 Com $374.02
9 018-042-071 0.44 Com $374.02
10 018-042-072 1.27 Com $374.02
50 018-043-004 0.14 Com $295.82
11 018-048-009 19.64 Com/Agr $35.16
12 018-048-038 2.23 Com $35.16
13 018-048-039 0.57 Vac Com $127.16
14 018-048-040 15.05 Vac Com $35.16
15 018-049-004 1.65 Com Ind $130.22
16 018-049-016 0.82 Com/Res $35.16
17 018-049-028 6.61 Com $35.16
18 018-049-029 1.39 SFR $35.16
19 018-049-032 24.65 Com/Agr $314.18
20 018-049-035 22.97 Com Ind $317.22
21 018-049-039 0.68 Com $38.20
22 018-049-041 1.36 Com $130.20
23 018-049-042 0.41 Com $964.86
24 018-049-043 0.41 Com $923.18
25 018-049-044 0.40 Com $923.18
26 018-049-048 0.41 Vac Com $923.18
27 018-049-049 0.36 Com $923.18
28 018-049-050 0.40 Com $923.18
29 018-049-051 0.41 Vac Com $923.18
30 018-049-052 0.42 Com $964.84
31 018-049-057 0.44 Com $35.16
32 018-049-059 0.27 SFR $35.16
33 018-049-060 0.19 SFR $35.16
34 018-049-061 0.87 Com/Res $363.00

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
31 Central Hughson Landscape and Lighting District
Fiscal Year 2026-27 Assessment Roll

Assessment # APN Acres
Parcel
Type
2026-27
Proposed
Assessment
35 018-049-062 0.51 Com/Agr $35.16
36 018-049-064 2.12 Vac Com $35.16
37 018-049-065 0.85 Com $35.16
38 018-049-066 1.75 Com $38.20
39 018-049-067 0.50 Com $823.18
40 018-049-069 0.92 Com/Res $35.16
41 018-049-070 0.16 Vac Res $24.40
42 018-049-071 0.23 Vac Res $24.40
43 018-049-072 0.28 Vac Res $24.40
44 018-049-073 0.23 Vac Res $24.40
45 018-049-074 0.23 Vac Res $24.40
46 018-049-075 0.20 Vac Res $24.40
47 018-049-076 0.44 SFR $24.40
143.2742 $14,614.44
Euclid North Landscape and Lighting District
Fiscal Year 2026-27 Assessment Roll

Assessment # APN
Parcel
Type
Maximum
Assessment
Rate
2026-27
Proposed
Assessment
1 018-096-001 SFR $567.20 $332.50
2 018-096-002 SFR $567.20 $332.50
3 018-096-003 SFR $567.20 $332.50
4 018-096-004 SFR $567.20 $332.50
5 018-096-005 SFR $567.20 $332.50
6 018-096-006 SFR $567.20 $332.50
7 018-096-007 SFR $567.20 $332.50
8 018-096-008 SFR $567.20 $332.50
9 018-096-009 SFR $567.20 $332.50
10 018-096-010 SFR $567.20 $332.50
11 018-096-011 SFR $567.20 $332.50
12 018-096-012 SFR $567.20 $332.50
13 018-096-013 SFR $567.20 $332.50

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
32 Euclid North Landscape and Lighting District
Fiscal Year 2026-27 Assessment Roll
Assessment # APN
Parcel
Type
Maximum
Assessment
Rate
2026-27
Proposed
Assessment
14 018-096-014 SFR $567.20 $332.50
15 018-096-015 SFR $567.20 $332.50
16 018-096-016 SFR $567.20 $332.50
17 018-096-017 SFR $567.20 $332.50
18 018-096-018 SFR $567.20 $332.50
19 018-096-019 SFR $567.20 $332.50
20 018-096-020 SFR $567.20 $332.50
21 018-096-021 SFR $567.20 $332.50
22 018-096-022 SFR $567.20 $332.50
23 018-096-023 SFR $567.20 $332.50
24 018-096-024 SFR $567.20 $332.50
25 018-096-025 SFR $567.20 $332.50
26 018-096-026 SFR $567.20 $332.50
27 018-096-027 SFR $567.20 $332.50
28 018-096-028 SFR $567.20 $332.50
29 018-096-029 SFR $567.20 $332.50
30 018-096-030 SFR $567.20 $332.50
31 018-096-031 SFR $567.20 $332.50
32 018-096-032 SFR $567.20 $332.50
33 018-096-033 SFR $567.20 $332.50
34 018-096-034 SFR $567.20 $332.50
35 018-096-035 SFR $567.20 $332.50
36 018-096-036 SFR $567.20 $332.50
37 018-096-037 SFR $567.20 $332.50
38 018-096-038 SFR $567.20 $332.50
39 018-096-039 SFR $567.20 $332.50
40 018-096-040 SFR $567.20 $332.50
41 018-096-041 SFR $567.20 $332.50
42 018-096-042 SFR $567.20 $332.50
43 018-096-043 SFR $567.20 $332.50
44 018-096-044 SFR $567.20 $332.50
45 018-096-045 SFR $567.20 $332.50
46 018-096-046 SFR $567.20 $332.50
47 018-096-047 SFR $567.20 $332.50
48 018-096-048 SFR $567.20 $332.50
49 018-096-049 SFR $567.20 $332.50
50 018-096-050 SFR $567.20 $332.50

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
33 Euclid North Landscape and Lighting District
Fiscal Year 2024-25 Assessment Roll

Assessment # APN
Parcel
Type
Maximum
Assessment
Rate
2024-25
Proposed
Assessment
51 018-096-051 Basin $567.20 $0.00
52 018-096-052 Easement $567.20 $0.00
53 018-096-053 Park $567.20 $0.00
54 018-096-054 Pump $567.20 $0.00
55 018-096-055 Easement $567.20 $0.00
56 018-096-056 Easement $567.20 $0.00
$16,625.00

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
34

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
35

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
36

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
37

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
38

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
39

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
40

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
41

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
42

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
43

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
44

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
45

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
46

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
47

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
48

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
49

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
50

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
51

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
52

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
53

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
54

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
55

Engineer’s Report
Landscape & Lighting Maintenance Districts
City of Hughson
Fiscal Year 2026-27
56 APPENDIX B – DISTRICT DIAGRAMS
District Diagrams
The following page shows the location of each Zone within the District. The lines and dimensions shown on maps of the Stanislaus County Assessor, for the current year, are incorporated by reference herein and made a part of this Report.

CITY OF HUGHSON
ENGINEER’S REPORT
FISCAL YEAR 2026-27

BENEFIT ASSESSMENT DISTRICTS

June 2026

PREPARED BY
Harris & Associates
1401 Willow Pass Road, Suite 500
Concord, CA 94520
www.weareharris.com

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
2 ENGINEER’S REPORT FOR
FISCAL YEAR 2026-27

BENEFIT ASSESSMENT DISTRICTS
City of Hughson
State of California

APPROVED BY THE CITY COUNCIL OF THE CITY OF HUGHSON FOR THE BENEFIT ASSESSMENT DISTRICTS OF THE CITY OF HUGHSON, STATE OF CALIFORNIA ON THE _____ DAY OF _________, 2026.

CITY CLERK

CITY OF HUGHSON

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
3 TABLE OF CONTENTS
Table of Contents
Summary of District Assessments 1
Statement of Assessment Engineer 2
Part I – Plans and Specifications 4
Part II – Estimate of Costs 14
Part III – District Diagram 22
Part IV – Method of Apportionment 15
Appendices
Appendix A – Assessment Roll
Appendix B – District Diagrams

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
4 SUMMARY OF DISTRICT ASSESSMENTS
Benefit Assessment Districts Summary
The February Consumer Price Index (“CPI”) is used to determine the Maximum Assessment Rate each year. The February CPI, plus a 3% escalation, is added to the previous years’ Maximum Rate per EDU to determine the adjusted Maximum Rate per EDU for each District for the current year. Please refer to Section IV of this Report, “Assessment Range Formula” for a complete description of the CPI and how it is calculated.

The February Consumer Price Index (“CPI”) is used to determine the Maximum Assessment Rate each year. The February CPI, plus a 3% escalation, is added to the previous year’s Maximum Assessment Rate to determine the adjusted Maximum Assessment for included Districts. The February 2026 CPI was 2.4769%. Please refer to Section IV of this Report, “Assessment Range Formula” for a complete description of the CPI tables used for this purpose.

The calculated Maximum Assessment for each District is shown on the individual Budget pages in Section IV of this Report.

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
5 STATEMENT OF ASSESSMENT ENGINEER
Statement of Assessment Engineer
AGENCY: CITY OF HUGHSON
PROJECT: BENEFIT ASSESSMENT DISTRICTS
TO: THE CITY COUNCIL OF THE

CITY OF HUGHSON

STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2026-27
The preparation of this Annual Engineer’s Report (“Report”) is in conformance with the obligation of the City Council of the City of Hughson to provide storm drainage maintenance services upon each lot or parcel of land in the districts in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2026-27.

Pursuant to the Benefit Assessment Act of 1982 (commencing with Section 54703) (“Act”), Article XIIID, Section 4(a) of the State of California Constitution, the City Council of the City of Hughson has adopted a Resolution ordering this Report for the Districts. The Report consists of the following Parts:

PART I
Description of Improvements: This part provides a general description of improvements proposed to be maintained in the Districts. Plans and specifications for the improvements are on file with the City.

PART II
Estimate of Cost: This part contains the cost estimate of the proposed maintenance including incidental costs and expenses for Fiscal Year 2026-27.

PART III
District Diagram: This part incorporates a Diagram of the Districts showing the external boundaries of the Districts. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Stanislaus County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The District Diagrams are also filed under separate cover with the City Clerk.

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
6 PART IV
Method of Apportionment of the Assessments: This part describes the method of apportionment of assessments, based upon parcel classification of land within the Districts in proportion to the estimated special benefits to be received. The costs and expenses of the Districts have been assessed upon the parcels of land within the boundaries of Districts pursuant to the initial methodology established upon formation of the Districts. For particulars as to the identification of parcels, reference is made to the District Diagrams.

Appendices
Appendix A – Assessment Roll
Appendix B – District Diagrams
Harris and Associates has agreed to perform the administrative function of submitting the assessment amounts to Stanislaus County for the 2026-27 tax year, based on previous City Council approvals.

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
7 PART I – PLANS AND SPECIFICATIONS
Plans and Specifications
The authorized improvements and services within each District are shown below:
• Central Hughson BAD: Drainage infrastructure maintenance, street sweeping, maintenance and repairs, sidewalk maintenance, graffiti abatement.
• Euclid North BAD: Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement. • Euclid South BAD: Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement. • Feathers Glen BAD: Detention/Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement. • Fontana Ranch North BAD: Detention/Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement.
• Fontana Ranch South BAD: Detention/Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement.
• Sterling Glen III BAD: Detention/Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement. • Sterling Glen III BAD Annexation 1: Detention/Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement.

Reference is made to the plans and specifications for the improvements which are on file with the City and are incorporated herein by reference.

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
8 PART II – ESTIMATE OF COSTS
Estimate of Costs
The estimated budget for the annual maintenance and servicing of the improvements and the proportionate share of administration costs for each District have been prepared based on the estimated and historical costs. The individual District budgets are shown on the following pages.

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
9

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
10

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
11

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
12

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
13

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
14

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
15

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
16

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
17 PART III - DISTRICT DIAGRAMS
District Diagrams
The boundaries of Districts are shown on the maps in Appendix B. The lines and dimensions of each lot or parcel within the Districts are those lines and dimensions as shown on the maps of the Stanislaus County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
18 PART IV – METHOD OF APPORTIONMENT
Method of Apportionment
The 1982 Act allows for the establishment of assessment districts, by public agencies, for the purpose of providing certain public improvements as detailed in Section I of this Report. The 1982 Act also complies with the California Constitution which requires the cost of these improvements and services to be assessed based on benefit received rather than by assessed value of the properties being assessed. In accordance with Article XIII D, Section 4 of the California Constitution:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of the public improvement or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable…”
The method of apportionment described in this Report, and confirmed by the City Council, utilizes commonly accepted engineering practices which have been established pursuant to the 1982 Act and the California Constitution for the allocation of special benefit assessments. The calculation of assessments is based upon the parcel type and the services and improvements provided to equitably apportion the costs based on the special benefit received by each lot or parcel.

The special benefit received by each lot or parcel is over and above any general benefit conferred upon said lots or parcels or to the public at large.

DESCRIPTION OF BENEFIT
General Benefit
The improvements maintained within the District were installed as part of the development of the properties within the District and would not otherwise be required or necessary absent that development. The drainage infrastructure, detention and retention facilities, street sweeping and cleaning services, sidewalk improvements, graffiti abatement activities, and related appurtenant facilities were constructed either as conditions of approval for the development or to serve the development needs of the properties within the District. Accordingly, the improvements were specifically designed to benefit and serve the properties within the District rather than properties outside the District boundaries.

Although certain improvements may be visible to or incidentally used by the public or by properties outside the District, any such benefit is incidental, secondary, and not separable from the special benefits conferred upon the assessed parcels within the District. Therefore, the operation, maintenance, and servicing of the improvements provide direct and particular special benefits to the properties within the District and no measurable general benefit requiring separate funding unless otherwise identified in this Report.

Special Benefit
The improvements and associated costs have been allocated to the assessable properties within the District based upon the special benefits conferred upon those properties pursuant to the California Constitution and the Benefit Assessment

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
19 Act of 1982. The improvements for which the properties are assessed were required as part of the approved development of the parcels within the District and continue to provide direct and particular benefits through their ongoing operation, maintenance, repair, replacement, and servicing. Accordingly, the costs associated with maintaining these improvements are properly allocated to the properties receiving those special benefits.

Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each assessable lot or parcel receives distinct and special benefits from the improvements and services provided, including the property protection, drainage functionality, accessibility, appearance, and development benefits provided by the maintained improvements and services. In accordance with Article XIII D, Section 4 of the California Constitution:
“Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or the public at large” Some of the special benefits associated with the improvements and services maintained by the District are:
• Enhanced desirability and marketability of properties through the continued maintenance and servicing of District improvements.
• Enhanced protection of properties from localized flooding, stormwater runoff, erosion, and related drainage impacts through the maintenance of drainage infrastructure and detention/retention facilities. • Preservation of the functionality, reliability, and effectiveness of drainage and flood control facilities serving the properties within the District.
• Improved property protection through reduced potential for damage associated with drainage system failures, stormwater accumulation, and related infrastructure deficiencies. • Improved appearance and visual environment through street sweeping, sidewalk maintenance, cleaning services, and graffiti abatement activities.
• Preservation of community character and development standards established for the development. • Improved accessibility and usability of public improvements serving the development through the maintenance of sidewalks and related facilities.

ASSESSMENT RANGE FORMULA
It is generally recognized that most budgetary items will be impacted by inflation in future years. In accordance with the California Constitution, Section 53739 (b)(1), assessments “may be adjusted for inflation pursuant to a clearly defined formula…” A formula for an inflationary adjustment is therefore included as part of the maximum assessment within the Districts that allow for such, and was approved by the property owner(s) at the time of formation/annexation. The formula, as described below, allows for annual adjustments to the assessments.

Generally, any new or increased assessment requires certain noticing and meeting requirements by law. The Brown Act excludes certain conditions of a new or increased assessment. These conditions include, “An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public…and that was previously adopted by the agency…”
The initial maximum assessment for each District was established at the time of annexation into the District. That initial maximum assessment was established at that time and has been adjusted each subsequent fiscal year by the following Assessment Range Formula:

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
20 • The Maximum Assessment Rate allowed each fiscal year (the “Adjusted Maximum Assessment Rate”) shall be based on the initial maximum assessment, adjusted annually by Bureau of Labor Statistics, Consumer Price Index for the month of February, All Urban Consumers, (“CPI”) for the San Francisco/Oakland/San Jose area, plus an escalation of 3%. Should the Bureau of Labor Statistics revise or discontinue the preparation of such index, the City reserves the right to use such revised index or a comparable system to determine fluctuations in the annual cost of living. • Each fiscal year, the February CPI amount, plus an escalation of 3%, has been applied to the Maximum Assessment Rate established the previous fiscal year to calculate the appropriate Adjusted Maximum Assessment Rate for the then current fiscal year.
• If the proposed annual assessment rate for the upcoming fiscal year is less than or equal to the Adjusted Maximum Assessment Rate established for that fiscal year, then the proposed annual assessment is not considered an increased assessment.

Beginning in the second fiscal year after the formation of a District, and each fiscal year since, the Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate (Adjusted Maximum Assessment Rate) has been established for each fiscal year using the Assessment Range Formula described above. The Adjusted Maximum Assessment Rate has been calculated independent of the annual budget and proposed assessment rate for the given fiscal year.

As stated above, if the proposed annual assessment for any fiscal year does not exceed the Adjusted Maximum Assessment Rate for that year, it is not considered an increased assessment under the terms of Proposition 218 or the Brown Act.

The CPI increase for the one-year period ending in February 2026 is 2.4769% (rounded). This amount, plus a 3% escalation, will be applied to the previous year’s Maximum Assessment Rate to establish the Adjusted Maximum Assessment for included Districts for Fiscal Year 2026–27.

Please refer to the table on page 1 of this Report, “Benefit Assessment Districts Summary”, which shows the actual and maximum allowable assessment for each District for the past two years.

This amount will be applied to the Maximum Assessment for each District, which will establish the Adjusted Maximum Assessment for each District for Fiscal Year 2026-27.

To impose a new assessment or increased assessment in excess of the Maximum Assessment Rate for the current fiscal year, as provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution, Article XIII D, Section 4c that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners must approve the proposed new or increased assessment via a property owner protest balloting process before any such new or increased assessment can be imposed. A protest occurs when, at the public hearing, the returned assessment ballots opposed to the new or increased assessment outweigh the returned ballots in favor of the new or increased assessment, weighting those assessment ballots by the financial obligation of each parcel.

The definition of new or increased assessments includes any assessment which, 1) did not previously exist or, 2) exceeds a previously approved assessment amount or assessment range formula. Any assessment range formula

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
21 must have been previously adopted by the agency and approved by the property owners in the area where the assessment is imposed.

ASSESSMENT METHODOLOGY
The benefit formula used to determine the financial obligation for each parcel should be based on the improvements benefitting the parcels, as well as the use, or type, of each parcel as compared to other parcels that benefit from said improvements. One of the more common approaches to fairly distributing District costs to the benefitting parcels in maintenance districts such as this utilizes a methodology referred to as the Per Parcel method of apportionment. This method recognizes that each parcel within a particular District benefits equally from the improvements. This is typical when all parcels within the District are of the same type (ex. all single-family dwellings).

Other than Central Hughson and the Sterling Glen III annexation, each District is comprised of a single parcel type – residential. The residential parcels are single-family residential parcels (“SFR”) and as such are deemed to benefit equally from the improvements. The “Total Balance to Levy”, as shown on the Budget pages, is divided equally among each assessable parcel within the District, determining the annual assessment rate per parcel for that District.

The Central Hughson District is comprised of several property types including single-family residential, commercial, agriculture and undeveloped. The costs are currently spread to those parcels based on the individual parcel size. The Sterling Glen III Annexation is comprised of five single-family residential parcels.

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
22 APPENDIX A – ASSESSMENT ROLL
Assessment Roll
Parcel Identification for each lot or parcel within the Districts shall be based on available parcel maps and other property data from the Stanislaus County Assessor’s office as they existed at the time this Report was prepared and adopted by the City Council.

A listing of parcels assessed within each District for Fiscal Year 2026-27, along with the corresponding assessment amounts, is included on the following pages. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-way, including public greenbelts and parkways; utility rights-of-way; common areas; landlocked parcels; small parcels vacated by the County, bifurcated lots and any other property that cannot be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment.

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
23

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
24

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
25

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
26

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
27

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
28

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
29

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
30

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
31

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
32

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
33

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
34

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
35

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
36

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
37

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
38

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
39

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
40

Engineer’s Report
Benefit Assessment Districts
City of Hughson
Fiscal Year 2026-27
41 APPENDIX B – DISTRICT DIAGRAMS
District Assessment Diagrams
The following page shows the location of each Zone within the Hughson Benefit Assessment District. The lines and dimensions shown on maps of the Stanislaus County Assessor, for the current year, are incorporated by reference herein and made a part of this Report.

CITY COUNCIL

CITY OF HUGHSON
RESOLUTION NO. 2026-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON CONFIRMING DIAGRAMS, ASSESSMENTS AND REPORTS AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2026-27 FOR ALL

LANDSCAPE AND LIGHTING DISTRICTS AND ALL BENEFIT ASSESSMENT DISTRICTS WITHIN THE

CITY OF HUGHSON AND DIRECT HARRIS & ASSOCIATES ASSESSMENT ENGINEER TO FILE, OR

CAUSE TO BE FILED, A CERTIFIED COPY OF SAID RESOLUTIONS AND THE REPORT FOR EACH

ASSESSMENT DISTRICT WITH THE STANISLAUS COUNTY TAX COLLECTOR WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, the provisions of the Benefit Assessment Act of 1982, the City Council of the City of Hughson directed Harris & Associates, Assessment Engineers, to prepare and file annual reports for Fiscal Year 2025-26, and does hereby impose these annual assessments (Assessments) within each assessment district listed on attached Exhibit A; and
WHEREAS, the Assessment Engineer prepared an annual report for each assessment district, which was presented to the City Council on July 14, 2026, and the City Council of the City of Hughson adopted a resolution of intention to levy and collect assessments within these districts for fiscal year 2026-27 and set a public hearing to be held July 27, 2026, at Hughson City Hall located at 7018 Pine Street, Hughson, California, and a notice of this hearing was given in the time and manner required by law; and
WHEREAS, at the public hearing the City Council of the City of Hughson afforded to every interested person an opportunity to make a protest to the annual reports either in writing or orally, and the City Council has considered each protest; and
WHEREAS, the City Council of the City of Hughson hereby confirms the diagrams, Assessments and reports of the Assessment Engineer. It is further determined and certified that these assessment district charges are either exempt from, or are in compliance with all provisions of Proposition 218, which was passed by the voters in November 1996; and WHEREAS, on Monday, the 27th day of July 2026, at the hour of 6:00 p.m., the City Council of the City of Hughson conducted a public hearing on the question of the levy of the proposed annual Assessment for each district; and
WHEREAS, the charges against the real property are not levied with regard to property values but rather, the work listed in Exhibit B.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby confirm the diagrams, Assessments and reports of the Assessment Engineer and hereby levies the assessments set forth therein for the Fiscal Year 2026-27.

BE IT FURTHER RESOLVED that the City Council of the City of Hughson also directs the Harris & Associates’ Assessment Engineer to file, or cause to be filed, a certified copy of this resolution and the report for each assessment district with the tax collector for the County of Stanislaus.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Hughson this 27th day of July 2026, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________________
GEORGE CARR, Mayor
ATTEST:
______________________________
DOMINIQUE ROMO, City Manager

EXHIBIT A
Landscaping and Lighting Districts (LLD)
Benefit Assessment Districts (BAD)
Brittany Woods LLD Central Hughson LLD Euclid North LLD Euclid South LLD Feathers Glenn LLD Fontana Ranch North LLD Fontana Ranch South LLD Rhapsody Unit No. 1 LLD Rhapsody Unit No. 2 LLD Santa Fe Estates Ph 1 LLD Santa Fe Estates Ph 2 LLD Starn Estates LLD Sterling Glenn III LLD Sterling Glen III Annex LLD Sun Glow Estates LLD Walnut Haven III LLD Central Hughson BAD Euclid North BAD Euclid South BAD Feathers Glen BAD Fontana Ranch North BAD Fontana Ranch South BAD Sterling Glen III BAD Sterling Glen III Annex BAD

EXHIBIT B
Assessment District Description of Improvements
Brittany Woods Maintenance of landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 12 streetlights.

Central Hughson, LLD
and BAD
Maintenance of landscaping, irrigation systems and street lighting maintenance and energy costs for 19 streetlights. Drainage infrastructure maintenance, street sweeping, maintenance and repairs, sidewalk maintenance, graffiti abatement.

Euclid South, LLD and
BAD
Maintenance of landscaping, irrigation systems, street lighting maintenance and energy costs for streetlights, street tree maintenance, removal and replacement, graffiti removal.

Detention/Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement.

Euclid North, LLD and
BAD
Maintenance of landscaping, irrigation systems, street lighting maintenance and energy costs for streetlights, street tree maintenance, removal and replacement, graffiti removal.

Detention/Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement.

Fontana Ranch North,
LLD and BAD
Maintenance of landscaping, irrigation systems, street lighting maintenance and energy costs for streetlights, street tree maintenance, removal and replacement, graffiti removal.

Detention/Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement.

Fontana Ranch South,
LLD and BAD
Maintenance of landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 38 streetlights.

Detention/Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement.

Rhapsody Unit No. 1,
LLD
Maintenance of landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 20 streetlights.

Detention/Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement.

Rhapsody Unit No. 2,
LLD
Maintenance of landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for streetlights.

Santa Fe Estates Phase
1, LLD
Maintenance of landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 9 streetlights.

Santa Fe Estates Phase
2, LLD
Maintenance of landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 12 streetlights.

Starn Estates Maintenance of landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 9 streetlights.

Assessment District Description of Improvements
Sterling Glen III, LLD and
BAD
Maintenance of landscaping, including in the community park, irrigation systems, street lighting maintenance and energy costs for 25 streetlights. Also includes street tree maintenance, removal and replacement and graffiti removal. Detention/Retention basin maintenance, drainage infrastructure maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance, graffiti abatement.

Sun Glow Estates Maintenance of landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 15 streetlights.

Walnut Haven III Maintenance of landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 7 streetlights.

Meeting Date: July 24, 2026
Subject: Authorization to Advertise for Bids – Hatch Road Lift Station Improvements Project
Enclosures: Bid Docs and Specifications
Presented by: Carla C. Jauregui, Community Development Director Approved By:
___________________________
City Manager
Recommended Council Action:

Authorize Staff to advertise and solicit competitive bids for the Hatch Road Lift Station Improvements Project; authorize the City Engineer to issue addenda, if necessary, during the bidding process; and direct staff to return to the City Council with the lowest responsive and responsible bid for consideration of contract award.

Background:

The Hatch Road Lift Station is the City's primary wastewater lift station and a critical component of the wastewater collection system, conveying wastewater through the City's single sewer outfall. Constructed in the mid-1980s, the facility has been in continuous operation for nearly forty years.

The last major improvements were completed during the Wastewater Treatment Plant Upgrade and Expansion project which commenced in 2009 and was accepted in 2012, which focused primarily on mechanical and operational upgrades including pumping capacity upgrades.

However, the concrete wet well and interior piping have not undergone a comprehensive rehabilitation or protective recoating. Due to decades of exposure to the corrosive wastewater environment, preventative rehabilitation is necessary to preserve the structural integrity of the facility, extend its service life, and ensure the continued reliability of the City's wastewater system.

CITY COUNCIL AGENDA ITEM NO. 6.1
SECTION 6: NEW BUSINESS

2 Discussion:

The proposed project will rehabilitate the existing lift station by installing a temporary bypass pumping system, recoating the interior wet well with a protective lining, and inspecting the existing piping for deterioration and potential replacement where necessary. These improvements will protect the facility from further corrosion, reduce long-term maintenance costs, and improve operational reliability.

As the City's primary lift station, failure of this facility would significantly impact wastewater collection and conveyance throughout the community. Completing these improvements now is a proactive investment in the City's infrastructure that will help prevent accelerated deterioration, reduce the likelihood of emergency repairs, and extend the useful life of this critical public asset.

All work will occur within the existing lift station at the intersection of Hatch Road and Tully Road.

Temporary bypass pumping will maintain uninterrupted wastewater service throughout construction, and staff anticipate little to no impact on surrounding traffic or City services.

Following the bid opening, staff will evaluate the bids received and return to the City Council with a recommendation to award the construction contract to the lowest responsive and responsible bidder.

Fiscal Impact:

The Engineer's Estimate for the Hatch Road Lift Station Improvements Project is $250,000.

Funding for this project is available within the City's Sewer Fixed Asset Replacement Fund, and has been preliminarily incorporated into the FY 26-27 budget. Final project costs will be determined through the competitive bidding process. Staff will return to the City Council with the bid results and any recommended budget adjustments, if necessary, at the time of contract award.

CITY OF HUGHSON

DEPARTMENT OF PUBLIC WORKS

NOTICE TO CONTRACTORS

SPECIAL PROVISIONS

PROPOSAL & CONTRACT
FOR

HATCH ROAD LIFT STATION IMPROVEMENTS
PREPARED BY:

MCR ENGINEERING, INC.
1242 DUPONT COURT
MANTECA, CALIFORNIA 95336
(209) 239-6229
(209) 239-8839 FAX
JULY 2026

Table of Contents i

TABLE OF CONTENTS
NOTICE TO CONTRACTORS ................................................................................................................................................. NC-1 INSTRUCTION TO BIDDERS ...................................................................................................................................................IB-1

PROPOSAL
PROPOSAL .................................................................................................................................................................... . P-1 CONTRACTORS BID ...................................................................................................................................................... . P-4 BIDDER’S BOND ............................................................................................................................................................ . P-5 LIST OF SUBCONTRACTORS ......................................................................................................................................... . P-6 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION .............................................................................................. . P-7 PUBLIC CONTRACT CODE ............................................................................................................................................. . P-8 NON-COLLUSION AFFIDAVIT ....................................................................................................................................... . P-9 DEBARMENT AND SUSPENSION CERTIFICATION ....................................................................................................... P-10 NON-LOBBYING CERTIFICATION ................................................................................................................................. P-11

CONTRACT
AGREEMENT FOR PUBLIC IMPROVEMENT ................................................................................................................. . C-1 EXHIBIT A: PROJECT DESCRIPTION & SCOPE .............................................................................................................. . C-7 EXHIBIT B: PAYMENT – SCHEDULE OF VALUES .......................................................................................................... . C-8 EXHIBIT C: CLAIMS REQUIREMENTS ........................................................................................................................... . C-9 EXHIBIT D: INSURANCE PROVISIONS .......................................................................................................................... C-11 SAMPLE PAYMENT BOND ............................................................................................................................................ C-18 SAMPLE PERFORMANCE BOND .................................................................................................................................. C-19 NOTICE OF AWARD ...................................................................................................................................................... C-20 NOTICE TO PROCEED ................................................................................................................................................... C-21

SPECIAL PROVISIONS
SECTION 1. SPECIFICATIONS AND PLANS ......................................................................................................... SP-1 SECTION 2. BIDDING .......................................................................................................................................... SP-2 SECTION 3. AWARD AND EXECUTION OF CONTRACT ...................................................................................... SP-8 SECTION 4. SCOPE OF WORK ............................................................................................................................. SP-10 SECTION 5. CONTROL OF WORK ....................................................................................................................... SP-12 SECTION 6. CONTROL OF MATERIALS ............................................................................................................... SP-17 SECTION 7. LEGAL RELATIONS AND RESPONSIBILITIES .................................................................................... SP-19 SECTION 8. PROSECUTION AND PROGRESS ...................................................................................................... SP-28 SECTION 9. MEASUREMENT AND PAYMENT .................................................................................................... SP-32 SECTION 11. TECHNICAL SPECIFICATIONS .......................................................................................................... TS-1

Table of Contents ii

APPENDIX
APPENDIX A. BYPASS PUMPING SCOPE
APPENDIX B. COATING SYSTEMS SCOPE
APPENDIX C. LIFT STATION DRAWINGS

Hatch Road Lift Station NC-1

NOTICE TO CONTRACTORS
Contractors are invited to submit written formal bids for:

HATCH ROAD LIFT STATION IMPROVEMENTS
Bids shall be submitted in sealed envelopes on the form provided with the specifications for that purpose. Envelopes shall be addressed to
Office of the City Clerk of the City of Hughson
7018 Pine Street
Hughson, California 95326
and plainly marked:

HATCH ROAD LIFT STATION IMPROVEMENTS
and delivered to the City Clerk at City Hall, City of Hughson, 7018 Pine Street, Hughson California, 95326, up to 2:00 P.M., Wednesday, August 26, 2026, at which time subject bids will be publicly opened and read aloud.

Proposal forms for this work are included in the “Proposal” section of this document (blue pages).

The work to be performed consists, in general, of installing a temporary bypass system for the single sewer outfall in the City, recoating the existing lift station, and inspecting the existing piping for potential replacement. Other such items and details not mentioned herein that are required by the plans, Standard Specifications or these Special Provisions shall be performed, placed, constructed, or detailed.

Bids are required for the entire work described herein. The Contractor shall posses a Class A license at the time this contract is awarded.

This contract is subject to state contract non-discrimination and compliance requirements pursuant to Government Code Section 12990.

Plans, specifications and proposals are available through CITY OF HUGHSON’S website https://www.hughson.org/public-works/page/bids-rfps. The successful bidder will be furnished with additional plans and specifications, upon request, at no additional cost. For information please call the City Engineer at (209) 239-6229 or City Hall at (209) 883-4054.

Bids shall be accompanied by a Proposal Guaranty of a certified check or bidder’s bond of not less than 10 percent (10%) of the total amount of the bid, made payable to the order of the City of Hughson, to be retained as liquidated damaged by the Owner if the successful bidder fails to enter in to a Contract.

Upon entering into a contract, the successful bidder will be required to furnish a Performance Bond and a Payment Bond each for 100 percent of the contract amount.

The City of Hughson hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement any disadvantaged business enterprises will be afforded full

Hatch Road Lift Station NC-2
opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Pursuant to Section 1773 of the Labor Code, the general prevailing rate of wages in the County in which work is to be done has been determined by the Director of the Department of Industrial relations.

These wage rates and the Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the serially numbered books issued for bidding purposes entitled “Proposal and Contract”, and in the copies of said book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify rates, if necessary, will be issued to holders of “Proposal and Contract” books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

Attention is directed to the Federal minimum wage rate requirements in said books entitled “Proposal and Contract”. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wages not specifically included in the Federal minimum wager determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determinations otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall not pay less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.

The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., Eastern Time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.

The Owner reserves the right to reject any or all bids, or to waive any informalities. If awarded, a contract will be awarded within 10 days of the bid opening. The Contract shall be signed within 14 calendar days; not including Sundays and legal holidays, after receipt of the Notice of Award, and work shall be completed within sixty (60) calendar days after Notice to Proceed.

For any moneys earned by the Contractor and withheld by the City of Hughson to ensure the performance of the contract, the Contractor may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Sections 22300 and 10263 if the Public Code of the State of California.

Hatch Road Lift Station IB-1

INSTRUCTIONS TO BIDDERS
ENGINEER:

MCR Engineering, Inc.
1242 Dupont Court
Manteca, CA 95336
(209) 239-6229
[email protected]
OWNER:

CITY OF Hughson
Public Works Department
7018 Pine Street
Hughson, CA 95326
Phone: (209) 883-4054
PART 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders, which are defined in the General Conditions and Supplementary Conditions have the meaning assigned to them in the General Conditions and the Supplementary Conditions. The term "Bidder" means one who submits a bid directly to the Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible, responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all addenda issued prior to receipt of Bids).

PART 2 - COPIES OF CONTRACT DOCUMENTS

2.01 Complete copies of the Plans and Specifications for use in preparing bids may be obtained in accordance with the Invitation to Bid.

2.02 Partial sets of Bidding Documents will not be issued. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

PART 3 - QUALIFICATIONS OF BIDDERS

3.01 In accordance with Labor Code Section 1771.1(a):

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 . It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

This requirement also applies to subcontractors listed in the Bid Proposal.

Hatch Road Lift Station IB-2

3.02 Each Bidder shall type or write in a legible manner their California Contractor's license number on the outside of the envelope or wrapper which contains their bid and in the space provided on the Bid Form or attach a notarized affidavit to their Bid that if they are the successful Bidder he/she will secure a valid California Contractor's license before beginning work.

3.03 The contractor who is awarded a contract must be properly licensed as a contractor from contract award through contract acceptance (Public Contract Code § 10164).

3.04 Each bidder must be prepared to submit within five (5) days of Owner’s request written evidence of their qualifications to perform the work. Bidders may be required to submit evidence that they have a practical knowledge of the particular work bid upon, and that they have the financial resources to complete the proposed work. In determining the Bidder's qualifications, the following factors will be considered: work previously completed by the Bidder and whether the Bidder (a) maintains a permanent place of business, (b) has adequate plant and equipment to do the Work properly and expeditiously, (c) has the financial resources to meet all obligations incident to the Work, and (d) has appropriate technical experience. Each Bidder may be required to show that they have handled former work so that no just claims are pending against such work. No bid will be accepted from a Bidder who is engaged on any work, which would impair their ability to perform or finance this work.

PART 4 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.01 It is the responsibility of each bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the work, (c) consider federal, state and local laws and regulations that may affect cost progress, performance or furnishing of the work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.

4.02 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its Bid from performing and furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.03 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

4.04 The work must be confined to the rights-of-way of the various streets shown on the plans within the project limits, unless other arrangements are made by the contractor.

4.05 Access to the site (if needed) may be arranged by contacting the City of Hughson, at telephone number (209) 883-4054. In general, site access will be limited to normal working hours.

Hatch Road Lift Station IB-3

4.06 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this part, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work.

4.07 A mandatory Pre-Bid Job Walk will be held for this project at 2:00pm on Tuesday, August 11, 2026 at the Hatch Road Lift Station located at the intersection of Hatch Road and Tully Road, Hughson, CA.

PART 5 - INTERPRETATIONS AND ADDENDA

5.01 All questions about the meaning or intent of the Contract Documents are to be submitted to Engineer.

Replies will be issued only by Addenda. Questions received within the week of the date fixed for the opening of bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.02 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.

5.03 The City will make reasonable efforts to deliver Addenda to all Bidders who are known by the City to have received a complete set of Contract Documents and who have provided a street address for receipt of Addenda. The City makes no guarantee that all Bidders will receive all issued Addenda. Each Bidder shall be responsible for ascertaining, prior to submitting its Bid, that it has received all issued Addenda.

Each Bidder shall acknowledge receipt of all addenda on the Bid Form. Failure to acknowledge receipt of Addenda may render the bid non-responsive. Bidder shall not rely upon any interpretation or correction given by any other method. All Addenda shall become part of the contract documents. No Addenda will be issued within two days or forty-eight (48) hours of the date and time fixed for the opening of bids except an Addendum, if necessary, postponing the date for receipt of Bids or withdrawing the request for Bids.

PART 6 - BASIS OF BIDS

6.01 The Bidder shall submit a single base bid price as required by the Proposal, said base bid being the total of the prices for the various items listed in the Bid Form. The Base Bid shall be stated in words and numerals, in case of a conflict, words will take precedence.

PART 7 - BID SECURITY

7.01 Bid Security shall be made payable to Owner, in an amount of 10 percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached if a form is prescribed) issued by a Surety meeting the requirements of the General Conditions.

7.02 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within 14 calendar

Hatch Road Lift Station IB-4

days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) by Owner to Contractor and the required Contract Security is furnished or the first day following the end of time specified in the Bid form during which the Bids shall remain open. Bid Security of other Bidders will be returned within 10 days of the Bid opening.

PART 8 - SUBSTITUTE MATERIAL AND EQUIPMENT

8.01 The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items.

Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in the General Conditions which are supplemented in the General Requirements.

8.02 Whenever a material or article is specified or described by using the name of a proprietary product or the name of a particular manufacturer or vendor, the specified item mentioned shall be understood as establishing the type, function, and quality desired. Other manufacturer's products will be accepted provided sufficient information is submitted to allow Engineer to determine that the products submitted are equivalent to those names. Applications for such review will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in the General Conditions which are supplemented in the General Requirements.

PART 9 BID FORM

9.01 Bid form is to be completed and submitted with bid.

9.02 Bid forms must be completed in black or blue ink.

9.03 Bid by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of the authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

9.04 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

9.05 Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant.

Hatch Road Lift Station IB-5

9.06 The names of all persons signing must also be legibly printed or typed below the signature. A Bid by a person who affixes to their signature the work "president", "secretary", "agent", or other designation without disclosing their principal may be held to be the Bid of the individual signing. When requested by Owner, evidence of the authority of the person signing shall be furnished.

9.07 The full name of each person or company interested in the Bid shall be listed on the Bid Form.

9.08 The Bidder shall acknowledge receipt of all Addenda on the bid form.

9.09 No alterations in Bids, or in the printed forms therefore, by erasures. Interpolations, or otherwise will be acceptable unless each such alteration is signed by the Bidder; if initialed, Owner may require the Bidder to identify any alteration so initialed. No alteration in any Bid, or in the form on which it is submitted, shall be made after the Bid has been submitted.

9.10 The address to which communications regarding the Bid are to be directed must be shown.

PART 10 - SUBCONTRACTOR LISTING

10.01 Each Bidder shall list on the form provided, the name and the address of each subcontractor who will perform work or labor, or render service to the Bidder in or about the work; or a licensed subcontractor who, under subcontract to the Bidder, specially fabricates and installs a portion of the work, in an amount in excess of one-half of one percent and the portion of the work which will be done by each subcontractor.

10.02 If a Bidder fails to specify a subcontractor for any portion of the work, the bidder shall perform that portion themself or obtain the written approval of the Owner for the proposed subcontractor.

PART 11 - SUBMISSION OF BIDS

11.01 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be included in an opaque sealed envelope addressed to City of Hughson and identified on the outside with the Bidder's name, license number, and address and with the words:

Bid for the HATCH ROAD LIFT STATION IMPROVEMENTS

11.02 Each Bid shall be accompanied by the Bid Security and other required documents.

11.03 If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "BID ENCLOSED" on the face thereof.

11.04 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or the modified time and date indicated by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

Hatch Road Lift Station IB-6

11.05 Oral, telephone, telegraph, or electronic Bids are invalid and will not receive consideration. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association.

PART 12 - MODIFICATION AND WITHDRAWAL OF BIDS

12.01 Bids submitted early may be modified or withdrawn by notice to the party receiving Bids at the place and prior to the time designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder or be by telegram; written confirmation over the signature of Bidder must have been mailed and postmarked on or before the date and before time set for receipt of Bids; it shall be so worded as not to reveal the amount of the original Bid. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he/she could prove their identity and authority.

Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

12.02 If, within 24 hrs after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of their Bid, that Bidder may withdraw their bid, and their Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work.

PART 13 - OPENING OF BIDS

13.01 Bids will be opened publicly and read aloud at the time and place shown in this notice. An abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids.

PART 14 - AWARD OF CONTRACT

14.01 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of product of figures and the correct sum or product thereof will be resolved in favor of the correct or product sum.

14.02 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid Forms. It is Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form but Owner may accept them in any order or combination.

14.03 Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs,

Hatch Road Lift Station IB-7

maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner.

14.04 Owner may conduct such investigations as they deem necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

14.05 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction.

14.06 If the contract is to be awarded, it will be awarded to the lowest, responsible, responsive Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

14.07 Bidders may file a “protest” of the commended award of a contract. Protests may only be submitted by bidders who submitted a bid proposal for the Project. For a protest to be considered valid, the submittal must:
• be filed within three (3) business days of the bid opening date, in writing, with the City Engineer; • clearly identify the specific accusation(s) involved; • specify, in detail, the ground(s) and fact(s) supporting the protest; • and include all relevant and supporting documentation at the time of filing.

Upon submission of the complete protest package, if validated, the City will review the basis of the protest and all relevant information. The City will provide a written decision to the bidder within five (5) business days after the date of receival. The protestor may appeal the City Engineer’s decision to the City Council.

PART 15 – DESCRIPTION OF BID ITEMS

15.01 Bypass Pumping - The lump sum price bid for this item shall include the costs for bonds, insurance, permits, field offices, moving equipment to and from site and all other work required necessary to install and maintain a bypass pumping station as described in Appendix A. Payment will be at the lump sum contract price.

15.02 Lift Station Coating - The lump sum price bid for this item shall include the costs for bonds, insurance, permits, field offices, moving equipment to and from site and all other work required necessary to prepare, inspect, and coat the entire Hatch Road Lift Station as described in Appendix B of these specification. The existing lift station’s record drawings are found in Appendix C. Payment will be at the lump sum contract price.

Hatch Road Lift Station P-1

PROPOSAL TO CITY OF HUGHSON

DEPARTMENT OF PUBLIC WORKS

FOR THE CONSTRUCTION OF

HATCH ROAD LIFT STATION IMPROVEMENTS

HUGHSON, CALIFORNIA

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. ____________________________________________ The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the Federal prevailing wage rates or), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Standard Specifications and Drawings for the City of Hughson, dated 2007, 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 included in this document. Project descriptions and plans for the work to be done were approved and are entitled:

APPENDIX A – Bypass Pumping Scope
APPENDIX B – Coating Systems Scope
APPENDIX C – Lift Station Record Drawings
Receipt of copies of the following addenda(s) is hereby acknowledged.

Addendum No. Bidders Signature Date

Bids are to be submitted for the entire work necessary to construct those items listed in the “Contractor’s Bid” sheet (P-3). The amount of the bid for comparison purposes will be the total of all items of the base bid and any combination of the bid alternates.

Hatch Road Lift Station P-2
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.

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 Department's 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 is 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 proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the City of Hughson within 14 calendar days, not including 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 proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal 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 proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he or she has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he or she proposes, and agrees if this proposal is accepted, that he or she 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

Hatch Road Lift Station P-3
contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he or she will take in full payment therefore the following prices, to wit:

Hatch Road Lift Station P-4
CONTRACTOR’S BID

HATCH ROAD LIFT STATION IMPROVEMENTS
No. Description Quantity Unit Unit Price Total Price

1. Bypass Pumping 1 LS @ ____________ = _______________

2. Lift Station Coating 1 LS @ ____________ = _______________

TOTAL BID (NUMBERICAL) = _____________________

TOTAL BID (WRITTEN OUT) = __________________________________________________________ ____________________________ ________________ ______________________________ Bidder’s Signature Title Company Name

Hatch Road Lift Station P-5

CITY OF HUGHSON

DEPARTMENT OF PUBLIC WORKS

BIDDER'S BOND
We, ___________________________________________________________________________________________ ________________________________________________________________________________ as Principal, and ______________________________________________________________________________________________ as Surety are bound unto the City of Hughson, 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 Obligee, for Hatch Road Lift Station Improvements for which bids are to be opened at Hughson City Hall on August 26, 2026.

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 or her for signature, enters into a written contract, in the prescribed form, in accordance 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 bought 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
By ____________________________________________________ Attorney-in-fact

CERTIFICATE OF ACKNOWLEDGEMENT
State of California
City/County of ___________________________________ SS
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) ____________________________________________________

Hatch Road Lift Station P-6
The Bidder shall list the name, address, license number, and DIR number of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 7 (c) (2) “Required Listing of Proposed Subcontractors,” of the Standard Specifications.

LIST OF SUBCONTRACTORS
Name, Address, License #, DIR # Description of Work Subcontracted

Hatch Road Lift Station P-7

(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE

A PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________________, proposed subcontractor ________________________________________________________, hereby certifies that he or she has ____, has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he or she has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Hatch Road Lift Station P-8

PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In accordance 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.

Public Contract Code 10232 Statement
In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Hatch Road Lift Station P-9

NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF HUGHSON
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Hatch Road Lift Station P-10

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

Hatch Road Lift Station P-11

NONLOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

Hatch Road Li
Staon P-12

DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report___________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known

Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)

(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _____________ e deferred
value _____________ f. other, specify__________________________

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: _________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________

Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL

1696611-1 C-1

CONSTRUCTION CONTRACT FOR
CITY OF HUGHSON – HATCH ROAD LIFT STATION IMPROVEMENTS
This Construction Contract for the above-referenced and herein described Project (“Agreement”) is made and entered into this [DATE] day of [MONTH], [YEAR], by and between the City of Hughson, a California municipal corporation (“City”), and [CONTRACTOR], a [ENTITY] (“Contractor”).

SECTION I - PURPOSE
Contractor shall provide certain construction services (further described in this Agreement) required by City in connection with the project described in Exhibit “A” attached hereto and by this reference incorporated herein (“Project”), on the terms and conditions set forth in this Agreement.

SECTION II – TERM
Section 2.1. Term. The term of this Agreement shall be from the date of execution of this Agreement to [DATE], unless earlier terminated as provided herein.

SECTION III – SCOPE OF SERVICES
Section 3.1. Scope of Services. The scope of services to be provided by Contractor is set forth on Exhibit “A” attached hereto and by this reference incorporated herein (“Services”). Contractor represents it has the qualifications, experience, licenses, and facilities necessary to properly perform the Services in a competent and professional manner, and warrants it will perform the Services as set forth herein in a competent, professional and satisfactory manner. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules, and regulations.

Section 3.2. Schedule of Services. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines, including any schedule of services set forth in Exhibit “A.”
Section 3.3. Permits, Licenses, Fees, and Other Charges. Contractor shall, in accordance with applicable laws and ordinances, obtain at its his/her/its expense all permits and licenses necessary to accomplish the Services. Failure to maintain a required license or permit may result in immediate termination of this Agreement.

SECTION IV – COMPENSATION
Section 4.1. Total Compensation. The total compensation shall not exceed [AMOUNT] without written approval by City (“Contract Amount”). Extra Work may be authorized, as described below, and if authorized, will be compensated in the manner set forth in this Agreement.

1696611-1 C-2
Section 4.2. Payment Application. Contractor shall receive compensation including authorized reimbursements, for all Services rendered pursuant to the schedule of values set forth in Exhibit “B” attached hereto and incorporated herein by reference. On or about the tenth day of each month after the start of the work, an amount equal to ninety-five percent (95%) of the value of all Services completed as of the 20th day of the preceding month, based on the quantities of Services completed, as determined by the City, or City’s agent, less the aggregate of all previous payments made to the Contractor.

Section 4.3. Lien Waivers. 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.

Section 4.4. Final Payment. Sixty (60) days after completion of the Agreement and its acceptance by the City, the balance of the Agreement price will be paid. Such final payment will not be made until completion of the Project and acceptance of the whole by the City.

Section 4.5. Substitution of Securities. Contractor may substitute securities in lieu of retained funds in accordance with Public Contract Code section 22300.

Section 4.6. Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization by City.

Section 4.7 Claims Resolution and Civil Action Procedures. Public Contract Code sections 20104 – 20104.6 govern all public works claims of $375,000 or less which arise between a contractor and a local agency. Public Contract Code section 20104(b)(2) it is stated that “Claim” means a separate demand by the contractor for (a) a time extension; (b) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work, and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or (c) an amount the payment of which is disputed by the local agency. Exhibit “C” attached to this Agreement contains copies of the following: Claims Resolutions Procedures set forth in Public Contract Code section 20104.2, and Civil Action Procedures set forth in Public Contract Code section 20104.4.

SECTION V – CONTRACTOR RESPONSIBILITIES
Section 5.1. Contractor agrees as follows:
a. To do all the work and furnish all the labor, material, equipment and appliances to complete the Services in accordance with this Agreement. b. To do and perform the Services diligently as directed by the City until completion is evidenced by written acceptance by the City.
c. All Services performed by Contractor shall be subject to the approval of City.

1696611-1 C-3
d. To remedy, at his/her/its expense, any defects in the Services which shall appear within a period of twelve (12) months from the date of the final acceptance of the Services.
e. Time is of the essence for all work under this Agreement. It is hereby understood and agreed that it is and will be difficult and/or impossible to ascertain and determine the actual damage that the City will sustain in the event of and by reason of Contractor’s delay in completing the Services included in this Agreement within the time limit agreed upon or such extensions thereof as may be granted; therefore, pursuant to Public Contract Code section 7203, Contractor shall forfeit to City [AMOUNT] per calendar day as liquidated damages for each and every calendar day’s delay beyond the time herein prescribed, or such extensions thereof as may be granted, for completion of all the Services included in this Agreement. f. If the total Contract Amount as set forth in this Agreement 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 pursuant to the requirements of Civil Code section 9550.

SECTION VI – PUBLIC WORKS REQUIREMENTS
Section 6.1. Public Works Acknowledgement. Contractor acknowledges the Project is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code (Chapter 1).

Section 6.2. Prevailing Wages. Contractor is aware of the requirements of California Labor Code section 1720, et. seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interest parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1777.6 and 1777.7, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with the Labor Code sections to the fullest extent required by law. Contractor shall defend, indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with Prevailing Wage Laws. The statutory provisions for penalties for failing to comply with the Prevailing Wage Laws and labor laws will be enforced, as well as that for failing to pay prevailing wages.

Section 6.3. Registration and Labor Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then, in addition to the foregoing, pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be

1696611-1 C-4
Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

Section 6.4. Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provision of Labor Code section 3700 which requires every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing performance of the Services.

SECTION VII – INSURANCE
Section 7.1. The Contractor shall, at Contractor’s sole cost and expense, obtain and maintain the types and limits of insurance set forth in Exhibit “D” (attached hereto and by this reference incorporated herein) until the expiration of the period for correction of Services as set forth in Section 5.1.d.

Section 7.2. The Contractor shall, at Contractor’s sole cost and expense, abide by all terms and conditions set forth in Exhibit “D” attached to this Agreement.

SECTION VIII – 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 contractors serving in the role of City’s 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 the Services or any work undertaken or in connection with this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. Contractor shall pay and satisfy any judgment, award, or decree that may be rendered against City or its directors, officials, officers, employees, volunteers, and agents as part of any such claim, suit, action or other proceeding.

Contractor shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceed, if any, received by City, its directors, officials, officers, employees, agents, or volunteers. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

1696611-1 C-5
SECTION IX – GENERAL PROVISIONS
Section 9.1. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

CITY: CITY OF HUGHSON
POST OFFICE BOX 9
HUGHSON, CA 95326
ATTN: CITY MANAGER
CONTRACTOR: [CONTRACTOR NAME]
[CONTRACTOR ADDRESS]
[CITY, STATE ZIP]
ATTN: [OFFICIAL], [OFFICIAL TITLE]
Section 9.2. Time is of the Essence. Time is of the essence for each and every provision of this Agreement.

Section 9.3. Waiver. It is expressly understood and agreed that a waiver of any of the conditions or covenants of this Agreement shall not be considered a waiver of any of the provisions hereof.

Section 9.4. Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Section 9.5. Governing Law; Forum. This Contract shall be governed by the laws of the State of California, regardless of where it was executed. Any dispute that arises under or relates to this Agreement (whether contract, tort, or both) shall be resolved in a superior court located in Stanislaus County, California.

Section 9.6. 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.

Section 9.7. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

Section 9.8. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. City and Contractor each warrants to the other that the individual or individuals who have signed this Agreement on the behalf of City or Contractor, as the case may be, has or have the legal power, right, and authority to make this Agreement and bind each respective party.

Section 9.9. Attorney 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

1696611-1 C-6
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.

Section 9.10 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

Section 9.11 Conflicts. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement and any provision within any of the Bidding Documents or the Contract Documents (as such terms are used and/or defined in the Instructions to Bidders and other relevant documents pertaining to the solicitation of bids used by the City in connection with the Project), the provisions of this Agreement shall govern and control.

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

CITY OF HUGHSON,
a California municipal corporation
________________________________
By: [OFFICIAL NAME]
Its: CITY MANAGER
Date:____________________________
[CONTRACTOR]
________________________________
By: [CONTRACTOR OFFICIAL NAME]
Its: [CONTRACTOR OFFICIAL TITLE]
Date:____________________________
Approved as to form:
________________________________
By: [OFFICIAL]
Its: CITY ATTORNEY
Date:____________________________

1696611-1 C-7

1696611-1 C-8

EXHIBIT A
PROJECT DESCRPTION: See the ‘Notice to Bidders’ and Appendices A thru C.

SCOPE OF SERVICES: See the ‘Notice to Bidders’ and Appendices A thru C.

1696611-1 C-9

EXHIBIT B
PAYMENT – SCHEDULE OF VALUES: See “Contractor’s Bid”.

1696611-1 C-10

EXHIBIT C

COPY OF PUBLIC CONTRACT CODE SECTIONS ON CLAIMS RESOLUTION PROCEDURES AND CIVIL ACTION PROCEDURES (as of January 2019)
20104.2 Claims; requirements; tort claims excluded
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.

Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1

1696611-1 C-11
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
20104.4 Civil Action Procedures; mediation and arbitration; trial de novo; witnesses The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.

1696611-1 C-12

EXHIBIT D

INSURANCE PROVISIONS
SECTION 1 REQUIRED INSURANCE COVERAGES FOR CONTRACTORS AND

SUBCONTRACTORS
SECTION 1.1 Contractor, and each subcontractor, throughout the term of the Project, or longer as required below, will procure and maintain in full force and effect, at its sole cost and expense, the following insurance with limits not less than specified herein or as required by law, whichever is greater:
(a) Workers’ Compensation Insurance
(i) Minimum Scope and Limits. Workers’ Compensation Insurance with employer’s liability insurance with limits of the following:

Coverage A. Statutory Benefits - State of Hire
Coverage B. Employers’ Liability of not less than:

Bodily Injury by accident: $1,000,000 each accident
Bodily Injury by disease : $1,000,000 policy limit
Bodily Injury by disease : $1,000,000 each employee
(ii) Waiver of Subrogation. Worker’s Compensation Insurance must contain a waiver of subrogation endorsement providing that each insurer waives any rights of recovery by subrogation, or otherwise, against City and City’s lender(s). A waiver of subrogation shall be effective as to any person even if such person (A) would otherwise have a duty of indemnification, contractual or otherwise, (B) did not pay the Worker’s Compensation Insurance premium directly or indirectly, and (C) does or does not have an insurable interest in the property damaged. (b) Automobile Liability
Insurance to include coverage equivalent in scope to ISO form CA 00 01 with not less than $1,000,000 combined single limit, each accident covering all owned, hired and non-owned autos. If Contractor or any subcontractor does not have any company-owned vehicles, a copy of the declaration page from the personal auto liability policy of the principal(s) of Contractor or each subcontractor making such claim will be acceptable. Hired and non-owned auto coverage of Contractor and each subcontractor must be evidenced through a general liability policy or auto policy. (c) Comprehensive/Commercial General Liability for Construction Manager and Contractor
(i) Minimum Limits. Contractor shall carry Comprehensive General Liability or Commercial General Liability insurance (“CGL”) covering all operations by or on behalf of Contractor providing CGL coverage (equivalent in coverage to ISO form CG 00 01) for bodily injury and property damage, shall not be less than:

1696611-1 C-13
Each Occurrence Limit $2,000,000
Personal Advertising Injury Limit
Products and Completed Operations
$1,000,000
$2,000,000
General Aggregate Limit $4,000,000
(ii) Minimum Scope. The policy must include the following scope or endorsements:

1. Standard ISO CG0001 10 01 Contractual Liability coverage, or its equivalent.

2. Separation of Insureds clause.

3. Broad Form Property Damage coverage.

4. A Waiver of Subrogation, to apply in favor of City and any City lender(s).

5. Coverage must be on an “occurrence” form. “Claims Made” and “Modified Occurrence” forms are not acceptable.

6. Such coverage as is afforded by this policy for the benefit of the additional insured(s) is primary and any other coverage maintained by such additional insured(s) shall be non-contributing with the coverage provided under this policy.

7. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU).

8. The CGL policy may not be subject to a self-insured retention (“SIR”) or deductible that exceeds $25,000. In the event City has been notified of a claim arising from the Project, City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. In the event the amounts owed to Construction Manager or Contractor is insufficient to meet the SIR/deductible or the Project is completed, City shall be entitled to deduct the remaining balance of the SIR/deductible from amounts owed to Contractor for its work. If any policy is subject to a SIR, then such SIR shall contain or be endorsed to provide that the SIR may be satisfied through payments made by (A) the named insured, or (B) City or (C) any additional insureds, co-insurers, and/or insureds other than the First Named Insured. The policy must also state that the Allocated Loss Adjustment Expenses will satisfy the SIR or deductible. (iii) Additional Insured Endorsements. The Contractor will obtain an Additional Insured Endorsement naming the City and its lender(s) as an additional insured.

1696611-1 C-14
(d) CGL for Subcontractors.
(i) Minimum Limits. Subcontractors are required to obtain CGL insurance coverage with CGL coverage (equivalent in coverage to ISO form CG 00 01) for bodily injury and property damage, shall not be less than:

Insurance
Limits
Each Occurrence $2,000,000
Personal
Advertising Injury
Limit
$1,000,000
Products/Completed
Operations
Aggregate Limit
$2,000,000
General Aggregate Limit
(other than
Products/Completed
Operations)
$4,000,000
(ii) Minimum Scope. The policy must include the following provisions:

1. Standard ISO CG0001 10 01 Contractual Liability coverage, or its equivalent.

2. Separation of Insureds clause.

3. Broad Form Property Damage coverage, including completed operations, or its equivalent.

4. An Additional Insured Endorsement (equivalent to ISO form CG 20 10 11 85 or ISO form CG 20 10 10 02 (or earlier edition form), plus ISO form CG 2037 10 01) naming as additional insured: City and any City lender(s).

5. A Waiver of Subrogation, to apply in favor of City and any City lender(s).

6. Coverage must be on an “occurrence” form. “Claims Made” and “Modified Occurrence” forms are not acceptable.

7. Such coverage as is afforded by this policy for the benefit of the additional insured(s) is primary and any other coverage maintained by such additional insured(s) shall be non-contributing with the coverage provided under this policy.

1696611-1 C-15

8. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU).

9. There shall be no exclusion for attached, residential or condominium projects.

10. Products and Completed Operations coverage shall be maintained for the longer of (a) ten (10) years following completion of the Contractor’s work or in the case of subcontractors, the subcontractors’ work, and (b) the applicable statute of limitations and/or repose for the jurisdiction of the site of the Project.

11. There shall be no exclusion for subsidence.

12. There shall be no “pollution” exclusions or its equivalent. (e) Professional Liability Insurance.

1. Minimum Limits. If Contractor or any subcontractor performs or contracts to perform any design/build work in connection with the Project, Contractor or such subcontractor, or its design subconsultant, must have Professional (Errors and Omissions) Liability insurance in limits not less than $2,000,000 each claim and in the aggregate, with a deductible or SIR amount not greater than $50,000.

2. Minimum Scope. Such insurance shall include prior acts coverage sufficient to cover the Services and the work in connection therewith, and contractual liability to cover liability assumed under the Agreement, or in the case of a subcontractor, the subcontract. Such policy may be written on a “claims made” basis provided that the policy has a retroactive date of placement prior to or coinciding with the commencement of any professional services performed on any part of the Services and is to be maintained during the term of the Agreement or any subcontract in connection with the Agreement, in the case of subcontractors, and for a period of ten (10) years after substantial completion of the Project. There shall be no exclusion for attached, residential or condominium projects, or public works projects. Such Contractor or subcontractor performing design/build Work is required to obtain evidence to City that their current Professional Liability policy has no impairment on the aggregate limits before commencing any design/build work.
(f) Property Insurance.

1. Coverages. Contractor and subcontractors performing work in connection with the Project are required to maintain Property Insurance coverage for physical damage (including loss of use therefrom), of their property, supplies and equipment (whether or not owned by them) that are not covered under the City’s Builder’s Risk Insurance. The policy should be maintained for the duration of this Agreement, or in the case of Subcontractors, their subcontracts, and shall continue until the Project is delivered to the City.

2. Required Waivers. Contractor and subcontractors performing work in connection with the Project shall have no recourse, and waive all rights of recovery, against the Indemnified Parties (and any Persons claiming through them) for any physical damage to any property, supplies or equipment of Contractor or

1696611-1 C-16
Subcontractors. Each policy shall contain a provision requiring the insurance carriers to waive their rights of subrogation against the parties entitled to indemnification under Section VIII of the Agreement (and all persons or entities claiming through them), and against any other contractor or subcontractor for any monies paid under the said insurance policies. Contractor and each subcontractor performing work in connection with the Project shall cause its insurance carriers to consent to such waiver of subrogation.

3. Additional Insureds. The policy shall name the City and its lender(s) as an additional insureds and loss payees on the property insurance policies in connection with any material stored off-site by Contractor and/or any subcontractor.

4. In the event that materials or any other type of personal property of Contractor is acquired for the Project or delivered to the Project site, Contractor agrees that it shall be solely responsible for such property until it becomes a fixture on the Project, or otherwise is installed and incorporated as a final part of the Project. Such responsibility shall include theft, fire, vandalism, and use, including use by unauthorized persons.

SECTION 2 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTOR AND

SUBCONTRACTORS
SECTION 2.1 All insurance required under this Exhibit D shall be obtained at the sole cost and expense of Contractor, and/or subcontractors, and shall be maintained with insurance carriers properly licensed to do business in the California having a general rating of not less than an “A(-)” and financial rating of not less than at least an “VII” as rated in the most recent edition of A.M. Best’s Insurance Reports or, if not rated by A.M. Best’s Insurance Reports, then a comparable rating from a nationally recognized rating agency approved by the City. Contractor agrees to provide to City a full certified copy of any policy maintained by Contractor at City’s request, and require the same of its subcontractors.

SECTION 2.2 If any subcontractor fails to secure and maintain the required insurance, City or Contractor shall have the right (without any obligation to do so) to secure same in the name and for the account of Contractor in which event Contractor shall pay the costs thereof and furnish upon demand all information that may be required in connection therewith. City shall notify Contractor if City exercises its right, whereupon Contractor’s responsibility to carry such insurance shall cease and all the premiums and other charges associated with such insurance shall be refunded to City. City further reserves the right at any time, with thirty (30) days’ written notice to Contractor, to require that Contractor resume the procurement and maintenance of any insurance for which City has elected to procure pursuant to this subsection; in such event, the sums paid to Contractor by City shall increase to the extent of any previously agreed and implemented reduction (as noted above) attributable to City’s prior assumption of the particular insurance coverages. Such refund shall be equitably pro-rated based upon Contractor’s completed Services at the time of such adjustment.

SECTION 2.3 All insurance policies must provide per the terms and conditions of the insurance policies a thirty (30) days’ written notice to City of any cancellation, non-renewal or modification of any such policies and a ten (10) days’ notice of cancellation for non-payment of premium to City. Contractor shall and shall require all Subcontractors to shall provide City with a copy of any notice of reduction or cancellation that they receive within five (5) business days of receipt of such notice. Contractor and each of its subcontractors shall supply City with updated replacement certificates of insurance and/or copies of insurance policies that evidence the continuation of all of the terms and conditions of the coverage, limits of protection, and scope of coverage as required by this Exhibit D.

1696611-1 C-17
SECTION 2.4 No act or omission of any insurance agent, broker or insurance company representative shall relieve Contractor of any of its obligations under the Agreement.

SECTION 2.5 Contractor or its subcontractors (or any combination thereof) shall not take any actions that would suspend or invalidate any of the required coverages during the time period such coverages are required to be in effect.

SECTION 2.6 Each insurance policy shall provide that any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided to City and all additional insureds.

SECTION 2.7 No Limitations on Coverage. The insurance limits herein are minimum levels of insurance only and nothing herein should be construed to limit the actual limits of insurance obtained by Contractor or its subcontractors. Should Contractor or its subcontractors obtain limits and coverages in excess of the minimum insurance requirements contained herein, then the limits in the policy shall apply to this Project.

SECTION 2.8 The Certificates of Insurance shall state “All Operations” of Contractor performed on behalf of City shall be covered by such insurance.

SECTION 2.9 City reserves the right, in its sole discretion, to require higher limits of liability coverage if, in City’s opinion, operations by or on behalf of Contractor create higher than normal hazards, and, to require Contractor to name additional parties in interest to be an additional insureds, and included in any required Waiver of Subrogation, Notice of Cancellation, or other endorsement. If City exercises the right to require higher limits, City and Contractor shall negotiate an equitable adjustment through a change order.

SECTION 2.10 Nothing in this Exhibit D shall reduce Contractor’s, and any subcontractor’s obligations under the Agreement. Contractor’s (or any subcontractors’) procurement and/or maintenance of insurance shall not be construed as a limitation of liability or as full performance of the indemnification and hold harmless provisions of the Agreement.

SECTION 2.11 Certificates of Insurance. Neither Contractor nor any subcontractor shall commence any Services or other work on or about the site of the Project including, without limitation, bringing any equipment or personnel onto the Project site, until such time as City has received, reviewed and approved evidence satisfactory to City that all mandatory insurance as specified in this Exhibit D has been obtained by such parties and that such insurance is in form and substance satisfactory to City. Prior to the commencement of the Services, Contractor and each subcontractor are required to provide certificates of insurance to City as evidence that policies specified in this Exhibit D are in full force and effect.

Acceptance and/or approval by City of the insurance herein shall not be construed to waiver or relieve Contractor or subcontractors from any obligations, responsibilities or liabilities under the Agreement.

Certificates of insurance will be labeled and addressed as follows:

CITY OF HUGHSON
POST OFFICE BOX 9
HUGHSON, CA 95326
ATTN: CITY MANAGER
SECTION 2.12 Waiver of Right to Recovery. Contractor, and any subcontractor performing work in connection with the Project retained by or for Contractor, hereby waive all rights of recovery by subrogation, because of deductible or self-insured retention clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, and for any other reasons, against each other, City, and its elected officials, managers, officers, directors, agents, and employees, and any other

1696611-1 C-18
contractor, subcontractor or other person or entity performing work or rendering services on behalf of City in connection with the Project.

SECTION 2.13 Umbrella/Excess Liability Insurance. If excess/umbrella policies are used to meet the limits of liability requirement said policies shall be “following” form of the underlying primary policy. Evidence of such coverage shall be provided in the form of a certificate of insurance and endorsements in compliance with Section 2.11 before Contractor or any subcontractor commences work on the Project.

SECTION 2.14 Property Insurance. Where Property/Builder’s Risk insurance is not purchased by City for the benefit of Contractor and any subcontractor performing work in connection with the Project, then Contractor and each subcontractor shall be fully responsible for all loss or damage to Contractor and/or each subcontractor’s work, and Contractor and/or each subcontractor shall obtain Property/Builder’s Risk insurance covering Contractor, and/or each subcontractor’s work. Such insurance shall also apply to any of City’s property in the care, custody, or control of Contractor and/or each subcontractor.

SECTION 2.15 All capitalized terms used herein and not defined herein shall have the meanings ascribed to them in the Agreement.

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: a d j u s t water and sewer services, roadway excavation and grading, asphalt grinding/milling, roadway paving and street striping. The contractor shall include in his or 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, 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 or her 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

CITY OF HUGHSON

COMMUNITY DEVELOPMENT DEPARTMENT

SAMPLE PERFORMANCE BOND
(To Accompany Contract)
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: a d j u s t water and sewer services, roadway excavation and grading, asphalt grinding/milling, roadway paving and street striping. 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 (her) 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

Hatch Road Lift Station C-20

NOTICE OF AWARD
Description of Work: HATCH ROAD LIFT STATION IMPROVEMENTS To __________________________________________________________________ (Contractor)
__________________________________________________________________ (Address)
_______________________________________________________________________________ (City, State, Zip)
The City of Hughson, (Owner), represented by the undersigned has considered the proposal submitted by you for the above described work in response to its Notice to Contractors dated _________, 20___, revised ___________, 20___.

It appears that it is to the best interest of said Owner to accept your Proposal in the amount of _____________________________________________________________________ (written description of contract amount)
($ ____________) you are hereby notified that your Proposal has been accepted.

If you fail to execute said contract and to furnish bonds and certificates within 14 calendar days from the date of delivery of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Proposal as abandoned and to award the work covered by your Proposal to another, or to re-advertise the work or otherwise dispose thereof as the Owner may see fit.

Dated this _________ day of _______________, 20___.

OWNER: City of Hughson ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby
acknowledged
This _______ day of ______________, 20___
By _______________________ By _________________________ Title: _____________________ Title: _______________________

Hatch Road Lift Station C-21

NOTICE TO PROCEED

Description of Work: HATCH ROAD LIFT STATION IMPROVEMENTS To __________________________________________________________________ (Contractor)
__________________________________________________________________ (Address)
_______________________________________________________________________________ (City, State, Zip)
You are hereby given Notice to Proceed with the construction of the above referenced project. This notice
Given this _________ day of _________________, 20___, begins the sixty (60) days construction period for this project, and unless amended as provided for in the specifications, work shall be completed by the ______ day of _______________, 20___.

Work required beyond the established date of completion for this project will be assessed liquidated damages at the rate of $ 1,000.00 per day in conformance with the specifications.

OWNER: City of Hughson ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is
hereby acknowledged
This _____ day of _______________, 20____
By _______________________ By _________________________ Title: _____________________ Title: _______________________

Hatch Road Lift Station SP-1

CITY OF HUGHSON

DEPARTMENT OF PUBLIC WORKS

SPECIAL PROVISIONS
SECTION 1

SPECIFICATIONS AND PLANS

The work embraced herein shall be done in accordance with the Standard Specifications (current edition), and the Standard Plans (current edition), of the Department of Transportation insofar as the same may apply; in accordance with the City of Hughson’s Standard Plans and Specifications, which plans and specifications are hereinafter referred to same; and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of the conflicting portions.

Amendments to the Standard Specifications set forth in these special provisions shall be considered as part of the Standard Specifications for the purposes set forth in Section 5-1.04, "Coordination and Interpretation of Plans, Standard Specifications and Special Provisions," 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 indented 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.

In the event of a conflict in the Contract documents, the order of precedence from highest to lowest shall be as follows:
- These Special Provisions
- The Project Plans
- City of Hughson’s Standard Plans and Specifications
- Standard Specifications
1-1.01 - Definitions And Terms – Whenever in the Standard Specifications, or in any documents or instruments where these specifications govern, the terms State of California, Department of Transportation, Director Engineer, or Laboratory are used, the following terms shall be substituted therefor, and any reference to any of the above terms shall be understood and interpreted to mean and refer to such substituted terms as follows:

STATE OF CALIFORNIA: The City of Hughson
DEPARTMENT OF TRANSPORTATION: The Public Works Department of the City of Hughson.

DIRECTOR: The Director of Public Works of the City of Hughson.

ENGINEER: The City Engineer of the City of Hughson, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

LABORATORY: Any laboratory as may be authorized by the City to test materials and work involved in the Contract.

Hatch Road Lift Station SP-2
SECTION 2

BIDDING

2-1.01 - GENERAL - The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid.

In accordance with Labor Code Section 1771.1(a):

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 . It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

The bidder's bond shall conform to the bond form in the Bid book for the project and shall be properly filled out and executed. The bidder’s bond form included in that book may be used.

In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Bid book. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit.

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance.

Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder’s responsibility in the event it is the apparent low bidder on a future public works contract.
2-1.04 - Required Listing of Proposed Subcontractors - Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of ½ of one percent of their total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practice Act, commencing with Section 4100 of the Public Contract Code. The bidder’s attention is invited to other provisions of said Act related to the impositions of penalties for failure to observe its provisions by using unauthorized subcontractors or buy making or unauthorized substitutions.

A sheet for listing the subcontractors, as required herein, is included in the Proposal.

Bidders are cautioned that this listing requirement is in addition to the requirements to provide a list of DBE subcontractors after the opening of the proposals.