Agenda — Farmersville City Council, August 14, 2023

CITY OF
FARMERSVILLE Farmersville City Council
Regular Meeting
Tina Lopez, Mayor
Danny Valdovinos, Mayor Pro Tem Monday, August 14, 2023 6:00 PM Gregorio Gomez, Council Member Meeting held in Civic Center Council Chambers Paul Boyer, Council Member - 909 W. Visalia Road Farmersville, California Armando Hinojosa, Council Member
Pending no technical difficulties, the City Council meeting will also be streamed (for observation only) via Zoom and accessed as follows:

Please dial 1-669-900-6833
Meeting ID: 84794675319
Password: 996139
Call to Order:

Roll Call:

Invocation:

Pledge of Allegiance:

5. Public Comment:

Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as a body and not to any individual Council Member.

6. Presentations:

A. Boys & Girls Club Update

7. Consent Agenda:

Under a CONSENT AGENDA category, a recommended course of action for each item is made. Any Council Member or Member of the Public may remove any item from the CONSENT AGENDA in order to discuss and/or change the recommended course of action, and the Council can approve the remainder of the CONSENT AGENDA.

A. Authorization to waive full reading of ordinances and resolutions and to identify by title only.

Recommend that the City Council approve the full reading of all ordinances and resolutions be waived and to identify by title only.

B. Minutes of Regular City Council Meeting of July 24, 2023.

Recommend approval of minutes.

Documents: Draft Action Minutes of July 24, 2023
2023 League of Cities Conference - Annual Business Meeting Voting Delegates
Recommend that the City Council vote and approve Council Member Gomez to serve as Farmersville's voting delegate for the Annual Business Meeting during this year's CA League of Cites Conference and submit the Delegate Alternate Form.

Documents: Voting Delegate/Alternate Form and supporting materials General Business
A. Review of Community Events on Farmersville Blvd. and Use of City Resources
Recommend that the City Council review and provide direction on any proposed requirements related to community events on Farmersville Blvd. and the use of City resources.

B. Award of Design Build Contract for Fire Station No. 83 to Zumwalt Construction in the amount of $6,623,428
Recommend that the City Council award the attached contract to Zumwalt Construction, of Fresno, CA, for the total construction cost of $6,431,575.00 and authorize the City Manager to administer the construction contingency of $191,853.00 for the Fire Station No. 83 Design Build construction contract.

Documents: Fire Station No. 83 Design Build Contract
Fire Station Rendering and Preliminary Floor & Site
Plans
Crosswalks on Farmersville Blvd. at Costner Street, and Ash Avenue at Hester Street
Recommend that the City Council provide direction to staff regarding non- compliant crosswalks impacted by the 2023 Street Improvement Project.

Documents: Photos of crosswalks

9. Council Reports
A. City Council Updates and Committee Reports

10. Staff Communications:

11. Future Agenda Items

1. Amend Ordinance - Temporary Outdoor Use Permits

2. Review of Cannabis Cultivation

3. Site Visits to Woodlake, Exeter, and Lindsay

4. Water Restrictions '

12. Adjourn to Closed Session:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Name of Case: Quad Knopf, Inc. et al. v. Atkins North America, Inc., et al., Kern County Superior Court Case No. BCV-22-102417

13. Reconvene to Open Session:

14. Closed Session Report (if any):

15. Adjournment:

NOTICE TO PUBLIC
The City of Farmersville Civic Center and City Council Chambers comply with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact City Hall at (559) 747-0458 please allow at least six (6) hours prior to the meeting so that staff may make arrangements to accommodate you.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City's offices during, normal business hours.

Drafted by: J. Gomez
Strong Roots.... Growing Possibilities

CITY OF
FARMERSVILLE Farmersville City Council
Regular Meeting
Tina Lopez, Mayor
Danny Valdovinos, Mayor Pro Tem Monday, July 24, 20236:00 PM Gregorio Gomez, Council Member Meeting held in Civic Center Council Chambers Paul Boyer, Council Member - 909 W. Visalia Road Farmersville, California Armando Hinojosa, Council Member
Pending no technical difficulties, the City Council meeting will also be streamed (for observation only) via Zoom and accessed as follows:

Please dial 1-669-900-6833
Meeting ID: 871 3568 8832
Password: 186357
Call to Order: 6:00 pm
Roll Call:

Attendee Name Title Status Arrived
Tina Lopez Mayor Absent
Danny Valdovinos Mayor Pro Tem Present 6:00 pm
Greg Gomez Council Member Present 6:00 pm
Paul Boyer Council Member Present 6:00 pm
Armando Hinojosa Council Member Present 6:00 pm
Invocation: Councilmember Boyer
Pledge of Allegiance: Councilmember Hinojosa

5. Public Comment:

Gabriel Lopez, a resident of Farmersville, inquired about the possibility of getting Armstrong Park football/soccer field leveled so City Leagues can utilize it.

Presentations:

A. Swearing In of Officer Caleb Jones and Corporal Paulino Manzano Chief Brock introduced Officer Caleb Jones and Corporal Paulino Manzano, giving a brief description of their qualifications and background. Each officer had a family member pin their badges on them.

B. Introduction of Code Enforcement Officers Brenda Cercas and Jose Murillo
Battalion Chief Thomas introduced Code Enforcement Officers Brenda Cercas and Jose Murillo. He briefly discussed their qualifications and background information. Battalion Chief Thomas expressed confidence in their ability to meet the City's Code Enforcement Standards.

7. Consent Agenda:

A. Authorization to waive full reading of ordinances and resolutions and to identify by title only.

Recommend that the City Council approve the full reading of all ordinances and resolutions be waived and to identify by title only.

B. Minutes of Regular City Council Meeting of July 10, 2023.

Recommend approval of minutes.

Documents: Draft Action Minutes of July 10, 2023
C. Finance Update for June 2023: Warrant Register and Investment Summary
Recommend that the City Council:

1. Approve the Warrant Register as presented for the period. This reporting period represents warrants issued for the current Fiscal Year (2022/2023);

2. Accept the Investment Summary as presented for the period. This reporting period represents investment summary for the previous month.

Documents: June 2023 Warrant Register.

Investment Summary June 2023
D. Authorize to Advertise the Farmersville Gateway Beautification Project for Bidding Purposes
Recommend that the City Council authorize staff to advertise the City of Farmersville's Gateway Beautification Project for bidding purposes.

Motion to approve as presented.

Councilmember Boyer abstained from 7-C warrant register due to Self Help Enterprises.

RESULT APPROVED (UNANIMOUS)
MOVER Councilmember Gomez
SECONDER Councilmember Hinojosa
AYES Valdovinos, Gomez, Boyer, Hinojosa
ABSENT Lopez
ABSTAIN Councilmember Boyer Self Help Enterprise warrant register General Business
A. Public Hearing: Levy Assessments for Landscape and Lighting Assessment Districts for 2023/2024
Recommend that the City Council conduct the Public Hearing and adopts Resolutions 2023-029 through 2023-041 that accept the engineer's report and levy the assessments for Farmersville's Landscape and Lighting Assessment Districts.

Documents: Resolutions 2023-029 through 2023-041
City Engineer Kevin Gross reviewed the landscape and lighting districts. He reminded the Council that the City has 13 landscape and lighting districts which consist of 822 individual lots. He also informed the Council that this is part of the approval process of various subdivisions for maintaining the surrounding landscaping in each subdivision.

Councilmember Gomez raised concerns about the staff report provided in the agenda, stating it was incomplete. Specifically, he pointed out that the Roll of Assessment was missing from the report. Councilmember Gomez inquired why this crucial information was omitted and stressed the importance of including it. Furthermore, he emphasized that the public should have access to this vital information well before the Councilmembers make any decisions or approvals.

City Manager Jennifer Gomez reminded the Council that the recent Engineers' report had all the Roll of Assessments forms in it, and City Attorney Michael Schulte confirmed that the Council could still move forward with the resolutions even though the information was not present in the agenda.

Councilmember Gomez abstained due to lack of information in agenda packet. •
Motion to approve as presented.

RESULT APPROVED (UNANIMOUS)
MOVER Councilmember Boyer
SECONDER Councilmember Hinojosa
AYES Valdovinos, Boyer, Hinojosa
ABSENT Lopez
ABSTAIN Gomez
B. Award Contract to Clean Cut Landscape for ADA Improvement Project
•
Recommend that the City Council award the construction contract for the Farmersville ADA Improvements to the lowest bidder, Clean Cut Landscape; authorize the Change Order reducing the scope of the project by $106,096.70; and authorize a contingency of $14,465.28 (10%) totaling $159,118.08.

Documents: Bid Proposal Summary
Reduced Scope
Change Order
City Manager Jennifer Gomez delivered a presentation about the ADA Improvement Project. She emphasized to the Council that the project had been scheduled in the City's Capital Improvement Program for the fiscal year 2023/2024. Additionally, Ms.

Gomez provided the Council with a detailed map, clearly illustrating the locations where the work would be carried out and how the funds from the awarded contract would be allocated.

Councilmember Böyer was pleased with the decision to relocate a crosswalk to the intersection of Dode Ave. Additionally, he inquired whether the school district had been informed about the upcoming work near the schools.

Councilmember Gomez raised several essential points regarding the ADA Improvement Project. He inquired about the potential expansion of Snowden School and whether this had been taken into consideration during the planning process. Additionally, Councilmember Gomez expressed his desire to revisit sites that are currently not a part of the improvement project to ensure they are not overlooked. To explore additional funding options, he specifically mentioned looking into Safe Routes to School as a possible source for the sites that still need to be worked on. Mr. Gomez emphasized the importance of not forgetting about these sites and ensuring that all relevant locations receive appropriate attention and improvements.

Ms. Gomez informed the Council that the contractors working on the project would maintain open communication with the schools to ensure coordination when the work is being conducted. This way, the schools will be informed and prepared for nearby :
construction. Ms. Gomez will also be tracking additional improvements that need to be made and bringing information back to the Council as funding permits.

Motion to approve as presented.

RESULT APPROVED (UNANIMOUS)
MOVER Councilmember Boyer
SECONDER Councilmember Gomez
AYES Valdovinos, Boyer, Hinojosa
ABSENT Lopez

ABSTAIN

9. Council Reports
A. City Council Updates and Committee Reports
Councilmember Hinojosa informed the Council that a resident raised concerns regarding the need for a crosswalk on Visalia Road. He told the Council that, in response to the resident's inquiry, he had communicated that the City Engineer stated that a crosswalk would not be added to Visalia Road due to safety concerns. However, . Mr. Hinojosa did inquire about installing blinking red lights near Sam's Market as a potential safety measure. Mr. Hinojosa spoke with a resident regarding the conditions of W. Front St. Mr. Hinojosa also had questions regarding the Housing Element.

City Attorney Mike Schulte responded to Councilmember Hinojosa's questions regarding the Housing Element.

Councilmember Boyer is happy to see Hwy 198 Beautification moving along and requested that a rendering of the project be added to the City's website. Mr. Boyer also praised all the work on the curb and gutters throughout the City. Mr. Boyer inquired about the feasibility of installing possible speed bumps at Ash to slow down speeding traffic in that area.

Councilmember Gomez brought up the concern regarding removing trees throughout the City. He inquired about the plan for dealing with the stumps left behind after the tree removal process, specifically asking whether the stumps would be ground down and Public Works Director Jeff Dowlen informed the Council that all the tree stumps are going to be removed and new trees planted.

Mayor Pro Tem Valdovinos requested an update regarding the stop lights at Walnut and Visalia Rd.

Public Works Director Jeff Dowlen informed the Council that staff is working with the * City of Visalia to see if the part could be acquired from them. However, if the City of Visalia does not have the required part, an alternative solution would be to purchase a new and updated main controller to resolve the issue with the lights.

10. Staff Communications:

City Manager Jennifer Gomez addressed Councilmember Hinojosa's concerns about the condition of Front Street. She informed him that the resident who raised the issue had already contacted City Staff. Additionally, Ms. Gomez provided an update on the request for streetlight funds, stating that it has passed the first hurdle. However, she explained that it will likely take several months before they receive confirmation on whether the funding will be granted. Furthermore, Ms. Gomez alerted the Council to an essential detail regarding the area near the railroad tracks. Due to the need for permits to be issued by the Railroad, street work will not be conducted within 25 feet on both sides of the tracks.

City Engineer Kevin Gross informed the Council that he brought an example of what the rock and lights would look like at the Hwy 198 Beautification project.

Public Works Director Jeff Dowlen provided important updates on ongoing projects. He informed the Council that concrete pouring is scheduled to take place at Roy's Park July 25, 2023. Additionally, Mr. Dowlen shared that street work is currently underway on Farmersville Blvd.

Battalion Chief Jim Thomas provided the Council with an update on recent incidents handled by the Fire Department. He informed them about two recent house fires, one on Shasta Street and another on N. Matthew Street, and two pin-in car accidents.

Additionally, Chief Thomas highlighted the extensive efforts made by Code Enforcement over the past two weeks. Several citations were issued throughout the city for various violations, including abandoned cars, unlawful parking, and weed abatement.

Furthermore, he mentioned that the Officers are actively addressing the issue of graffiti by visiting residents to address and handle the problem.

Councilmember Boyer mentioned that the Kiwanis is willing to help residents paint over the graffiti if the property owner supplies the paint.

Chief Brock addressed the Council and shared that they have received phone calls concerning citations issued by Code Enforcement. Additionally, Chief Brock informed the Council about an incident over the past weekend where two individuals outside the area were arrested for vandalizing the City with graffiti:

11. Future Agenda Items

1. Amend Ordinance : Temporary Outdoor Use Permits

2. Review of Cannabis Cultivation

3. Site Visits to Woodlake, Exeter, and Lindsay

4. Water Restrictions

12. Adjourn to Closed Session:

Mayor Pro Tem Valdovinos adjourned to closed session at 7:03 pm.

13. Reconvene to Open Session:

Mayor Pro Tem Valdovinos reconvened to apon session at 7:50 pm. with nothing to

14. Closed Session Report (if any):

15. Adjournment:

Mayor Pro Tem Valdovinos adjourned the meeting at 7:50 pm.

Respectfully submitted.

Rochelle Giovani, City Clerk
Strong Roots..... Growing Possibilities

CITY OF

FARMERSVILD
City Council
Staff Report 7C
TO: Honorable Mayor Lopez and City Council
FROM: Jennifer Gomez, City Manager
DATE: August 14, 2023
SUBJECT: 2023 League of Cities Conference - Annual Business Meeting Voting Delegates RECOMMENDED ACTION:

It is respectfully recommended that the City Council vote and approve Council Member Gomez to serve as Farmersville's voting delegate for the Annual Business Meeting during this year's CA League of Cites Conference and submit the Delegate Alternate Form.

BACKGROUND and DISCUSSION:

The League of California Cities annual conference is scheduled for September 20-22, 2023 in Sacramento. In order to vote at the annual business meeting the City must designate a voting delegate. At this meeting, the League membership considers and takes action on resolutions that establish League policy.

At this time, only Council Member Gomez has registered for the conference. Therefore, Council should approve Council Member Gomez to be the Voting Delegate, and the City Clerk will subsequently submit the form to the League of California Cities.

FISCAL IMPACT: Cost to attend the annual conference is approximately $1,500 per person.

CONCLUSION:

Attachment: CA LOC Voting Delegate/Alternate Form and supporting materials

LEAGUE OF

CALIFORNIA
CITIES
Council Action Advised by August 28, 2023
DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.

Please view Cal Cities' event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

LEAGUE OF

CALIFORNIA
CITIES
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

LEAGUE OF

CALIFORNIA
CITIES
General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

LEAGUE OF
CALIFORNIA CITY:

CITIES
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name: Email:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

Email: Email:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: Email:

Mayor or City Clerk: Date: Phone:
(circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.

LEAGUE OF How it works: Cal Cities

CALIFORNIA
CITIES Resolutions and the General Assembly
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here's how Resolutions and the General Assembly works.

Prior to the Annual Conference and Expo
Who's who
General Resolutions
Cal Cities policy
Sixty days before the Policy Committees development is a Annual Conference and The Cal Cities President member-informed Expo, Cal Cities members •
assigns general resolutions process, grounded
may submit policy to policy committees where in the voices and proposals on issues of experiences of city
members review, debate,
importance to cities. The officials throughout
and recommend positions for
resolution must have the concurrence each policy proposal. Recommendations are the state. of at least five additional member cities forwarded to the Resolutions Committee. or individual members. The Resolutions
Committee includes
representatives from
During the Annual Conference and Expo each Cal Cities diversity caucus, regional
division, municipal
Resolutions Committee
Petitioned Resolutions department, policy
The Resolutions Committee committee, as well as
The petitioned resolution considers all resolutions. individuals appointed by is an alternate method General Resolutions approved' the Cal Cities president. to introduce policy by either a policy committee
proposals during the or the Resolutions Committee Voting delegates annual conference. The are next considered by the General are appointed by each petition must be signed by Assembly. General resolutions not approved, member city; every city voting delegates from 10% of member or referred for further study by both a policy has one voting delegate. cities, and submitted to the Cal Cities committee and the Resolutions Committee President at least 24 hours before the do not go the General Assembly. All The General Assembly beginning of the General Assembly. Petitioned Resolutions are considered by the is a meeting of the General Assembly, unless disqualified.? collective body of all voting delegates —
one from every
member city.

General Assembly
Seven Policy
During the General Assembly, voting delegates
Committees meet
debate and consider general and petitioned
throughout the year to
resolutions forwarded by the Resolutions Committee.
review and recommend
Potential Cal Cities bylaws amendments are also
positions to take on
considered at this meeting.
bills and regulatory
proposals. Policy
committees include
What's new in 2023? members from each Cal
• Voting delegates will receive increased communications to prepare Cities diversity caucus, them for their role during the General Assembly. regional division, • The General Assembly will take place earlier to allow more time for municipal department, debate and discussion. as well as individuals
• Improvements to the General Assembly process will make it easier for appointed by the Ca voting delegates to discuss and debate resolutions. Cities president. ' The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

For mare information vieit unna calaitina

CITY OF

FARMERSVILLE
City Council
Staff Report 8A
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: August 14, 2023
SUBJECT: Review of Community Events on Farmersville Blvd. and Use of City Resources
RECOMMENDED ACTION:

Staff recommends that the City Council review and provide direction on any proposed requirements related to community events on Farmersville Bld. and the use of City resources.

BACKGROUND and DISCUSSION:

Historically, the City of Farmersville has provided in-kind support to the annual Memorial Day Parade and annual Fall Festival with City personnel attending and providing services. The City bears a cost of roughly $4,500 in equipment and personnel, but has gladly done so to support these community events. At this time, however, staff would like clarification and direction by Council on the expectations to participate in these kinds of events.

First, due to the impact on residents and businesses for closing down Farmersville Blvd. and the added expense to the City, should the City limit these closures to only specific events or allow applications to be submitted for any purpose?
Second, should only non-profit organizations be eligible to apply for these event permits and in- kind support?
Third, the City recently received an application from the Farmersville Youth Soccer League to host the Fall Festival, who currently does not hold a non-profit status. How should staff proceed with their application since it was received prior to these potential requirements being implemented?
Lastly, to provide more transparency to the City Council and public on these requests that require in-kind support, staff recommends that applicants also submit an Event Funding Request form to identify the resources needed such as traffic control, security, and personnel.

This will allow the Council to review and approve the in-kind support and then staff will approve the event itself. Is this change in the approval process, acceptable to the City Council? If a Council Member has any other suggestions regarding new requirements that should be implemented pertaining to events that take place on Farmersville Blvd., staff recommends that they be discussed at this time, so a consensus can be reached, and direction given to staff so that everything can be incorporated into a written policy.

FISCAL IMPACT:

The number of events allowed to be held on Farmersville Blvd. will have a financial impact through the in-kind support by City personnel and services. Events also have an impact on businesses or residents that are on Farmersville Blvd. when the streets are closed.

CITY OF

FARMERSVILLE

SHED HE INCORPOR
City Council
Staff Report 8B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: August 14, 2023
SUBJECT: Award of Design Build Contract for Fire Station No. 83 to Zumwalt Construction in the amount of $6,623,428
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Award the attached contract to Zumwalt Construction, of Fresno, CA, for the total construction cost of $6,431,575.00 and authorize the City Manager to administer the construction contingency of $191,853.00 for the Fire Station No. 83 Design Build construction contract.

BACKGROUND:

The State of California's FY22-23 Budget allocated $7,000,000 to the City of Farmersville for the design, construction, and equipping of a new fire station to serve the citizens. The City chose to utilize the Design-Build process allowed under Public Contract Code Section 22164 in order to expedite the process and provide a more cost-effective delivery method. There were two proposers on the design build Request for Proposals ("RFP") with City staff selecting Zumwalt Construction to negotiate with based upon their previous experience with the design build process and constructing similar fire station projects.

DISCUSSION:

Public Contract Code Section 22164 set forth the process that is to be utilized in order to comply with the requirements for the Design Build-process. The Fire Department and the City Engineer worked together to create the RFP document which identified the size and type of construction and facilities necessary to be constructed.

Zumwalt Construction will provide all services necessary to complete the planning, design, and construction of the approximately 8,400 gross square foot fire station with associated site improvements on a 1.25-acre parcel (both on- and off-site). 1 The RFP process identified all of the requirements for the construction of the station which included detailed information about the amenities, alert system, number of bedrooms, number of bathrooms, number of apparatus bays, and all the other pertinent materials and requirements that the City of Farmersville desires to be installed with the station.

Some equipment and furnishings will be purchased and installed by the City in order to control the specific equipment necessary and to save money by not making those large cost items susceptible to contractor markups.

Attached are the preliminary floor and site plans as well as a colored rendering of what the proposed fire station construction will look like for Council review.

COORDINATION & REVIEW:

The amount of funds available in the project budget for construction phase activities is $7,000,000.00. It is anticipated that interest in excess of $175,000.00 will also be available as this project will take approximately 18 months to complete. Total funding available for this project will be $7, 175,000.00
The following list represents the funds needed for the completion of the project:

Total Construction Cost $6,431,575
Contingency $191,853
Costs assumed by City including
furnishings $336,279
QK Design Build Contract • $124,600
CM Contract - Estimate $85,000
Total Project Cost • $7,169,307
Staff has worked with the Fire Department and Finance Departments to make sure that these . projects meet the needs of the City and the current and proposed budget.

FISCAL IMPACT:

This project is being funding with the State of California's FY22-23 Budget allocation of $7,000,000 to the City of Farmersville.

Attachments): Fire Station No. 83 Design Build Contract Fire Station Rendering and Preliminary Floor & Site Plans 2 CITY OF FARMERSVILLE
Fire Station No. 83 Design Build

CONTRACT
THIS AGREEMENT ("Contract"), made and entered into this _ day of in the year Two Thousand Twenty (2023), by and between the City of Farmersville ("City"), a municipal corporation of the State of California, duly organized, existing and acting pursuant to the laws thereof with its principal place of business in the City of Farmersville, California, hereinafter designated as the City and Zumwalt Construction, Inc. ("Contractor").

WITNESSETH: That the parties hereto do mutually agree as follows:

ARTICLE I. For and in consideration of Six million, four hundred thirty one thousand, five hundred and seventy five dollars ($6,431,575.00) to be paid and performed by the City, the Contractor agrees with the City to furnish all materials, equipment and labor and construct facilities for the City, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans, Specifications and other contract documents referenced hereafter in ARTICLE IV, to furnish at his/her/its own proper cost and expense all tools, equipment, labor, and materials necessary therefore, except such materials as in the said Specifications are stipulated to be furnished by the City, and to do everything required by this Contract and the said Specifications and Plans.

ARTICLE II. For furnishing all said equipment, materials and labor, performing demolition as required, and doing all the work contemplated and embraced in this Contract; and for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Specifications are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications and in accordance with the requirements of the Engineer under them, the City will pay and the Contractor shall receive as full compensation therefore the amounts for such work as installed for the unit prices bid therefore in accordance with the proposal of the Contractor.

ARTICLE III. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to full performance of the covenants herein contained.

ARTICLE IV. The Notice to Contractors, the proposal requirements, the Proposal Forms, the Bond for Faithful Performance, the Bond for Materials and Laborers, the General Provisions, the Technical Specifications, the Special Provisions, the Technical Specifications, and the Plans mentioned in the General Provisions of the contract documents titled City of Farmersville - Fire Station No. 83 Design Build Project, all of which are hereby incorporated in and made a part of this Contract.

ARTICLE V. The Contractor shall forthwith furnish in triplicate, a faithful performance bond in an amount equal to one hundred percent (100%) of the Contract price and a labor and materials bond in an amount equal to one hundred percent (100%) of the Contract price, both bonds to be written by a surety company acceptable to the City and in the form prescribed by law.

ARTICLE VI. Should any of the materials or equipment prove defective or should the work prove defective due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within twelve (12) months after date on which this Contract is accepted by the City, the Contractor agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such materials and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.

The City shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the Contractor. In the event the City elects to have said work performed by the Contractor, the Contractor agrees that the repairs must be made and such materials as are necessary must be furnished and installed within a reasonable time after the receipt of demand from the City. If the Contractor shall fail or refuse to comply with his/her/its obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's and expert fees reasonably incurred by reason of the said failure or refusal.

ARTICLE VII. If the Contractor should be adjudged a bankrupt, make a general assignment for the benefit of his creditors, become insolvent or have a receiver appointed,, suffer any judgment which remains unsatisfied for thirty (30) days, and which would substantively impair the ability of the judgment debtor to perform under this Contract, materially breach this Contract or if the Contractor or any of the subcontractors should persistently violate any of the provisions of the Contract, or if the Contractor or subcontractors should persistently disregard laws, ordinances or the instructions of the Engineer, then the City may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve written Notice upon the Contractor and his surety of its intention to terminate the Contract, such Notice to contain the reasons for such intention to terminate the Contract, and unless within five (5) days after the serving of such Notice, such violations shall cease and satisfactory arrangements for correction thereof be made, the Contract shall, upon the expiration of said five (5) days, cease and terminate.

In the event of any such termination, the City shall immediately serve written Notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract, provided, however, that if the surety within ten (10) days after the serving upon it of Notice of termination does not give City written Notice of its intention to take over and perform the Contract or does not commence performance thereof within the ten (10) days stated above from the date of the serving of such Notice, the City may take over the work and prosecute the same to completion by Contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his Surety shall be liable to the City for any excess cost occasioned the City thereby, and in such event the City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plans and other property belonging to the Contractor as may be on the site of the work and necessary therefore. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City.

The expense incurred by the City, as herein provided, and damage incurred through the Contractor's default, shall be certified by the Engineer.

Effects of Termination: Expiration or termination of this Contract shall not terminate any obligations to indemnify, . to maintain and make available any records pertaining to the Contract, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. Where Contractor's services have been terminated by City, said termination will not affect any rights of City to recover damages against the Contractor.

Suspension of Performance: Independent of any right to terminate this Contract, the authorized representative of City for which Contractor's services are to be performed, may immediately suspend performance by Contractor, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by Contractor to comply with the provisions of this Contract, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.

ARTICLE VIII. With respect to any work required to be done under this Contract, the Contractor shall indemnify and hold harmless the City and its officers, officials, employees, consultants and agents, from and against all claims, demands, causes of action, damages, costs or liabilities, losses and expenses, including attorney fees, directly or proximately resulting from or caused by the performance of the work described herein, caused in whole or part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the sole active negligence, gross negligence, or willful misconduct of the City; and the Contractor must, at his/her/its sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third persons against the City, its officers and employees, consultants and agents, on any such claim, demand or cause of action, and the Contractor must pay and satisfy any judgment or decree which may be rendered against the City, its officers and employees, consultants and agents, in any such suit, action, or other legal proceedings. This indemnification specifically includes any claims that may be made against City by any taxing authority asserting that an employer- employee relationship exists by reason of this Contract, and any claims made against City alleging civil rights violations by Contractor under Government Code sections 12920 et seq. (California Fair Employment and Housing „Act), and any fines or penalties imposed on City for Contractor's failure to provide form DE-542, when applicable.

This indemnification obligation shall conținue beyond the term of this Contract as to any acts or omissions occurring under this Contract or any extension of this Contract.
'ARTICLE IX. The Contractor shall comply with the Insurance Requirements of the City, as directed by City's Procurement Policy. Contractor shall comply with said requirements as a [Insert Appropriate Risk Matrix Category, i.e. "Low Risk - Category 1] contractor pursuant to the Risk Matrix Component of the Procurement Policy contained in the Insurance Requirements Exhibit, attached hereto. Further, the Contractor shall provide a certificate of insurance to the City upon request, naming the City of Farmersville as additional insured.

Contractor's Property Damage Liability insurance must include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy must not contain the so-called "x", "c" or "u" exclusions.

The Certificate of Insurance shall further provide that thirty (30) days written Notice of Cancellation or reduction in coverage shall be given the City and state that such insurance for additional insureds shall apply as primary insurance and any other insurance maintained by City of Farmersville shall be excess.

An Additional Insured Endorsement to the Contractor's Liability Insurance policy naming the City and all officers and employees, consultants and agents of the above, shall also be furnished..

Contractor certifies and represents that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and that he will comply with such provisions and the provisions of the City's Procurement Policy before commencing the performance of the work under this Contract. Contractor further represents that he has secured the payment of Workmen's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provision of said Code.

Pursuant to the City's Procurement Policy, Contractor shall supply the City with certificates of insurance, evidencing that Workmen's Compensation Insurance is in effect and providing that the City will receive thirty (30) days Notice of Cancellation.

The Certificate of Insurance for Workers Compensation, must include the following waiver of subrogation:
"[Contractor] waives all rights against the City of Farmersville and its agents, officers, and employees for recovery of damages to the extent such damages are covered by the workers' compensation and employer's liability insurance."
ARTICLE X. Miscellaneous Provisions.

Subject To Funding: If fúnding for this Contract is dependent on any state, federal or regional governmental agency grant or funds, City reserves the right to reduce the level of services to match reduced levels of funding, or at City's option, City may terminate this Contract, should the funding source no longer be available or the amount be reduced.

1. Form DE-542: If Contractor is an individual, Contractor acknowledges that this Contract is subject to filing obligations pursuant to Unemployment Insurance Code section 1088.8. Açcordingly, City has an obligation to file a report with the Employment Development Department, which report will include the Contractor's full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract's expiration date or whether it is ongoing. Contractor agrees to cooperate with City to make such information available and to complete Form DE-542. Failure to provide the required information may, at City's option, prevent approval of this Contract, or be grounds for termination by City.

Notices:
(a) Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as CITY: With a copy to:

City Manager Michael L. Farley, City Attorney

CITY OF FARMERSVILLE FARLEY LAW FIRM
909 West Visalia Road 108 West Center Avenue
Farmersville, California 93223 Visalia, California 93291 559-747-0458 559-738-5975
559-747-6724 Fax 559-732-2305 - Fax
CONTRACTOR:

Zumwalt Construction Inc.
5520 E. Lamona Avenue
Fresno, CA 93727
559-252-1000
(b) Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

Assignment/Subcontracting: Unless otherwise provided in this Contract, City is relying on the personal skill, expertise, training and experience of Contractor and Contractor's employees and no part of this Contract may be assigned or subcontracted by Contractor without the prior written consent of City.

Dispute Resolution: Upon receipt of any claim as defined by Public Contract Code § 9204(c)(1), the City will:

Review and Provide a Written Response. The City will conduct a reasonable review of the claim and provide a written response within forty-five (45) days after receiving it, identifying the portion of the claim which is disputed and the portion which is undisputed. The 45-day timeline can be extended by mutual agreement of the City and the Contractor. If the City needs approval from its governing body before it can provide the written response, and the governing body does not meet within the 45-day period or a mutually agreed-upon extension of that period, the City will have up to three (3) days following the next public meeting of the governing body after the period expires to provide the written statement to the Contractor. If the City fails to respond within the prescribed timelines, the City will be deemed to have denied the claim in its entirety.
b. Pay Any Undisputed Amount. Within sixty (60) days after receipt of the claim, the City is required to process and make payment on any undisputed amount.

C. Meet and Confer with the Contractor. If the Contractor disputes the City's written response, or if the City fails to respond to the claim within the prescribed time frame, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of such a demand, the City is will schedule a meet and confer conference within thirty (30) days. d. Provide a Second Written Response Following Informal Meet and Confer Conference. Within ten (10) business days after the meet and confer conference is concluded, if the claim or any portion of it remains 'in dispute, the City is will provide the Contractor with another written statement identifying the portion of the claim which appears to remain in dispute and the portion which is undisputed. Any undisputed amount will be processed and paid within sixty (60) days after the City issues the written statement. e. Submit Any Remaining Dispute to Mediation. If any amount remains in dispute after the completion of the meet and confer conference, as identified by the Contractor in writing, the parties must submit the dispute to nonbinding mediation in which the City and the Contractor will share the associated costs equally. Within ten (10) business days after the disputed portion of the claim has been identified in writing, the City and the Contractor must agree to a mediator. If they are unable to do so, each party must select a mediator and those mediators will select a retired judge to serve as mediator to mediate regarding the disputed portion of the claim. Each party shall be responsible for the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation iș unsuccessful, the portion of the claim remaining in dispute will be subject to any applicable procedures outside of Public Contract Code § 9204.

Further Assurances: Each party will execute any additional documents and perform any further acts that may be reasonably required to effect the purposes of this Contract.

Construction: This Contract reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.

Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

No Third-Party Beneficiaries Intended: Unless specifically set forth, the parties to this Contract do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

Waivers: The failure of either party to insist on strict compliance with any provision of this Contract shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Contract by the other party.

Conflict With Laws Or Regulations/Severability: This Contract is subject to all applicable laws and regulations.

If any provision of this Contract is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Contract to either party is lost, the Contract may be terminated at the option of the affected party. In all other cases the remainder of the Contract shall continue in full force and effect.

Entire Agreement Represented: This Contract represents the entire agreement between Contractor and City as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Contract may be modified without the written consent of both parties.

Assurances of Non-Discrimination: Contractor shall not discriminate in employment or in the provision of services on the basis of any characteristic or condition upon which discrimination is prohibited by state or federal law or regulation.

Independent Contractor
a. For purposes of this paragraph; the term "Contractor" includes Contractor, their agents, assigns, employees, and subcontractors. In performing the services called for pursuant to this Agreement, Contractor, on behalf of themselves and all their agents, assigns, employees, and/or subcontractors, acknowledges and affirms that they intend to operate as an independent contractor to the City, and not as an employee of the City. Specifically, Contractor acknowledges that they have read and understand California Labor Code section 2750.3, and that they intend to operate as an Independent Contractor and ensure that the application of the factors contained in California Labor Code §2750.3(a)(1)(A thru C) will clearly demonstrate that Contractor. would not be determined to be an employee of City. Accordingly, Contractor agrees to indemnify, hold harmless, and tender costs of defense in any instance wherein an agent, assign, employee, or subcontractor of Contractor files any claim alleging that City was their "employer" or their "hiring entity" for the services contemplated herein. Further, no employee benefits ' shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation of indemnification to Contractor for injury or sickness arising out of performing services hereunder.
b. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CITY. OF FARMERSVILLE
By
Tina Lopez, Mayor
Attest:

Rochelle Giovani, City Clerk
APPROVED AS TO FORM:

City Attorney

CONTRACTOR
California Corporations Code section 313 requires that contracts with a corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president, and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer, unless the contract is accompanied by a certified copy of the corporation's Board of Directors' resolution authorizing the execution of the contract.

Zumwalt Construction
-
By
Title_
(Corporate Seal)
Note: Attach corporate Seal and Notary Form
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•
EXHIBIT 4G: GENERAL CONDITIONS

1. DEFINITIONS
Acts of God: An earthquake in excess of a magnitude of 3.5 on the Richter Scale and tidal waves.

Addendum: A written or graphic instrument issued by Project Manager on behalf of the City prior to the execution of the Contract which sets forth additions, deletions, or other revisions to the Contract Documents or clarifications thereof.

Architect: an individual or entity that is either a partner, subcontractor or joint venture with Contractor and is the party responsible for the overall design of the Project.

City: The City of Farmersville, a special City, is a legal entity and political subdivision of the State of California.

Board of Directors: The governing body of the City of Farmersville:

Change Order: A written Modification executed by both parties (except in the event of a unilateral Change Order as herein provided) and consisting of additions, deletions or other changes to the Contract. A Change Order may be accompanied by and/or may identify additional or revised drawings, sketches or other written instructions which become and form a part of the Contract Documents by virtue of the executed Change Order. Except as otherwise provided in Section 17, Extra Work and Changes, a change in the Work, or a change in the Contract Time or the Contract Price shall become the subject of a Change Order
Construction Contract or Contract or Contract Documents: The written agreement covering the performance of the Work and the furnishing of labor, materials, tools, and equipment in the construction of the Work.

Contract Directive: A written document issued by the Project Manager and consisting of additions, deletions, clarifications, interpretations, or other written instructions issued by the Project- Manager with respect to the performance of the Work or the activities of the Contractor on the Job Site or the property of City. A Contract Directive can be a response to a Request for Information; however, all responses to Requests for Information need not be Contract Directives.

A Contract Directive may become the subject of a Change Order only if such Directive involves a substantial change in the Work, or a change in the Contract Time or the Contract Amount, and approved as a Change Order by the Project Manager.

Contractor's Construction Schedule: The detailed schedules, based on a critical path method 'CPM"), prepared by the Contractor, presenting an orderly and realistic plan for completion of th vork required in the Contract Documents. The Contractor's Construction Schedule shall als include the completion dates of the Milestones and a final proposal narrative as described in the Contract Documents.

Contract Price: The total amount agreed to be paid to Contractor for the Work required under the Contract Documents inclusive of all agreed to Change Orders.

Contractor: The person or Design-Build Entity awarded the Contract to design and build the Project and perform the Work there under.

Day: A calendar day unless otherwise specifically designated.

Design - Build Entity (DBE): The entity awarded the Contract to design and build the Project and perform the Work thereunder.

Excusable Labor Dispute: Any labor dispute directed against an entire industry, or any labor dispute that is not directed solely against the Project, the Contractor, or any subcontractor or supplier, and which prevents Contractor from obtaining labor or materials necessary for the performance of the Work and actually delays the performance of the Work; provided, however, that suitable substitute labor or materials are not reasonably obtainable.

Excusable Transportation Delay: Any labor dispute directed at an entire industry, or any labor dispute that is not directed solely against the Project, the Contractor, or any subcontractor or supplier, or other delay not within the reasonable control of the Contractor which prevents the transportation of necessary materials to the Project and actually delays the performance of Work; provided, however, that suitable substitute transportation for such materials is not reasonably available.

City Manager: The City Manager of the City of Farmersville or the City Manager's Designee.

Laws: Each and every Federal, state, and local law, ordinance, code, rule, and regulation, as well as the lawful order or decree of any public or quasi-public City and each of their respective inspectors or officials, including but not limited to all applicable building codes, bearing, on or otherwise applicable to the Project. The term "Laws" also includes any and all conditions of approval of each and every entitlement or permit issued or approved by the Local Jurisdictions.

Local Jurisdictions: Any governmental agency with land use authority over the Project or part of the Project and each regulatory agency or authority with jurisdiction over the Project, and their respective inspectors and representatives.

City: The term "City" wherever used in the Contract Documents shall be deemed synonymous with the term "City of Farmersville".

Modification or Contract Modification: (1) a written amendment to this Contract signed by both Parties; (2) a Change Order; or (3) a Contract Directive or other written interpretation or order issued as a response to a Request for Information or otherwise issued by the Project Manager pursuant to the terms of the Contract Documents. Contractor acknowledges that the execution on its behalf of any such Modification by any one person with apparent authority shall be binding , against the Contractor. A Modification may be made only after execution of the Contract. No Contract Directive or response to a Request for Information shall be construed as a Change Order or other Modification unless it expressly so states.

Non-Conformance Notice: A notice issued by the Project Manager documenting that the work or some portion thereof has not been performed in accordance with the requirements of the Contract Documents.

Notice to Proceed: The written notice of the City to the Contractor to commence Work under the Contract.

Plans: The drawings, supplemental drawings, or reproductions thereof, the project plans, standard plans, profiles, cross-sections, and all graphic depictions, which show the location, character, dimensions, and details of the work to be performed and contained in the Contract Documents.

Project: The Project is the performance of complete design, plans, construction, installation, and delivery of the entire scope of all work as described in the Contract Documents.

Project Manager: The person or persons designated by the City Manager of the City to serve as the Project Manager of the project.

Provide: To furnish, fabricate, complete, deliver, install, and erect including all labor, materials, equipment, apparatus, appurtenances, and expenses, necessary to complete in place, ready for operation or use under the terms of the Contract Documents.

Related Work: Work performed by the City or by any separate contractor retained or hired by the City, related to the completion of the Project and which is not required to be performed by the Contractor pursuant to this Contract and the Contract Documents.

Requests for Information: A request from the Contractor or one of the Subcontractors to the Project Manager seeking an interpretation or a clarification of some requirement of the Contract Documents. Contractor shall clearly and concisely set forth the issue for which Contractor seeks clarification or interpretation and why a response is needed from the Project Manager.

Contractor shall set forth Contractor's interpretation or understanding of the Contract Documents' requirements along with reasons why Contractor reached such an understanding. Responses from the Project Manager will not change any requirements of the Contract Documents unless so noted in the Request for Information response.

Scheduled Completion Date The 548* calendar day after the Notice to Proceed or such other date as the Contractor and the City may mutually agrée pursuant to the provisions of this Contract.

Site or Sites: The land on which the Project will be constructed as specifically described in the Contract Documents.

Specifications: The directives, provisions, and requirements contained in Contract Documents, however such may be labeled or otherwise described.

Subcontractor: Any person or entity with whom the Contractor has entered into any subcontract and any other person with whom any Subcontractor has further subcontractor with to perform any of the Work at the Site or to supply any materials, equipment, or supplies to be incorporated in, or utilized in connection with, the Work and as used herein shall include the Subcontractor's authorized representative.

Substantial Completion of the Project: Shall mean and include all of the following: (1) substantial completion of all required' Work; (2) suitable to meet the requirements for the issuance of a certificate of occupancy and receipt of all other required approvals of construction from the Local Jurisdictions; (3) in strict accordance with the Contract Documents; and (4) such that City may fully utilize the Project for the use for which it is intended.

Supplemental Agreements: The written agreements covering alterations, amendments, or extensions to the Construction Contract and shall include contract change orders.

Work: All the work specified; indicated, shown, or contemplated in the Construction Contract to construct the Project, including all alterations, amendments, or extensions thereto made by Contract Change Order or other written orders of the Project Manager, including each activity, labor, task, service, acquisition, purchase, installation, or action of any kind required to be performed under the terms of this Contract and as specified in the Contract Documents.

2. THE CONTRACT DOCUMENTS
i: The Contractor has carefully examined the site of the work contemplated. The submission of a bid shall be conclusive evidence that the Contractor has investigated and is satisfied as to the conditions to be encountered, and that it is ready, willing, and able to complete the design, engineering, construction and delivery of the project as described in the RFP. The Contractor understands and accepts the character, quality, and scope of work to be performed, the quantities of materials to be furnished and as to the requirements of the proposal, plans, specifications and Construction of the project. The Contractor warrants and represents that, in executing the Contract and undertaking the Work, it has not relied upon any oral inducement or representation by City, Project Manager, or any of their officers or agents as to the nature of the Work, the Site, the Project conditions or otherwise.
ii. All parts and provisions of the Contract Documents are complementary, and what is required by any one shall be as binding as if required by all: If the Contract Documents do not specifically allow the Contractor a choice as to quality or cost of items to be furnished, but could be interpreted to permit such choice, subject to confirmation or approval by Project Manager, they shall be construed to require the Contractor to provide the best quality. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.
ili. Where conflict exists within or between parts of the Contract Documents, or between - the Contract Documents and either applicable industry standards or applicable codes, ordinances, or other legal requirements, the more stringent requirements shall apply; otherwise, the following order of precedence shall be used: the Construction Contract; the Special Conditions of the Contract for Construction; these General Conditions of the Construction Contract; the balance of the Contract Documents, and; the Drawings. iv. The organization of the Specifications into divisions, sections, and articles, and the arrangement of Drawings, are not intended to influence the Contractor'in its division of the Work among Subcontractors or its establishment of the extent of the Work to be performed by any trade.
v. The Contractor shall request that Project Manager provide any interpretations or clarifications necessary for the proper execution, coordination or progress of the Work.

Such interpretations shall be issued by Project Manager in writing for implementation by the Contractor. The Contractor shall make all such requests for interpretation or clarification in such occasional or regular joint coordination meetings as may be mutually determined to be required for such purposes.
vi. The Contract Documents reflect conditions as they are believed to exist, but it is not intended or to be inferred that the conditions as shown thereon constitute a representation by or on behalf of City that such conditions actually exist. The Contractor shall inspect the Site and conduct any tests or surveys it deems necessary or desirable prior to the commencement of the Work and shall accept full responsibility for any loss sustained by it as a result of any variances between the conditions as shown in the Contract Documents and the actual conditions
revealed during the progress of the Work or otherwise. The Contract Price shall in no event be increased by reason of any such variance unless otherwise specifically provided herein.
vii. The Contractor shall develop and maintain current "as-built" Plans to be provided to Project Manager in accordance with the Construction Contract and the Contract Documents. Project Manager may inspect and copy such Plans at any time during the course of the Work.
vili. The scope of work is intended to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the Construction Contract. Where the plans or specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall provide all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the contract in a satisfactory and workmanlike manner.

3. CITY AND CITY'S REPRESENTATIVES
i. The work will be under the general direction of the City Manager. The Project Manager is the. authorized representative of the City Manager and has complete charge of the work, and shall exercise full control of the work, so far as it affects the interest of the City.
ii. The provisions in this General Conditions or elsewhere in the Contract Documents regarding approval or direction by the City Manager, the City, the City Council, or the Project Manager, or action taken pursuant thereto, are not intended to and shall not relieve the Contractor of responsibility for the accomplishment of the work, either as regards sufficiency or the time of performance, except as expressly otherwise provided herein.
ili. The Project Manager is the City's exclusive representative and the sole point of contact for the Contractor with respect to this. Project during construction and until the completion of the Project. The City's communications with the Contractor shall be exclusively through the Project Manager.
iv. Project Manäger shall at all times have access to the Work whenever it is in preparation . or progress. The Contractor shall provide safe facilities for such access. v. The City shall not be responsible for or have control or charge of the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. vi. The City will not be responsible for the failure of the Contractor to design, plan, schedule, and execute the Work in accordance with the approved schedule or the • failure of the Contractor to meet the Contract Documents completion dates or the failure of the Contractor to schedule and coordinate the work of Contractor's own trades and Subcontractors or to coordinate with other separate contractors. vii. The City will not be responsible for the acts or omissions of the Contractor, or any Subcontractor, or any Contractor's or Subcontractor's agents or employees, or any other persons performing any of the Work.

Vili. The Project Manager has the authority to disapprove or reject Work on behalf of the City when, in the Project Manager's opinion, the work does not conform to the Contract Documents., Whenever, in the Project Manager's reasonable opinion, it is considered necessary or advisable to ensure the proper implementation of the intent of the Contract Documents, the Project Manager has the authority to require special inspection or testing of any work in accordance with the provisions of the Contract Documents whether or not such work shall then be fabricated, installed, or completed. ix. The Project Manager has the authority to require special inspection or testing of the Work. However, neither the Project Manager's authority nor any decision made by the Project Manager in good faith whether to exercise or not to exercise such authority shall give rise to any duty or responsibility of the City to the Contractor, or any Subcontractor, or any of their agents, or employees, or any other person performing any portion of the Work.
x. The Project Manager has the authority and discretion to call, schedule, and conduct job meetings to be attended by the Contractor and representatives of Contractor's Subcontractors, to discuss such matters as procedures, progress, problems, and scheduling.
xi. The Project Manager will establish procedures to be followed for processing all submittals, Change Orders, progress payments, other project reports, documentation, and test reports.
xii. The Project Manager will review all requests for changes and shall implement the processing of Change Orders including application for extensions of time. xili. The Project Manager will review and process all Progress Payment Requests by the Contractor including Final Progress Payment Requests.
xiv. Nothing contained in the Contract Documents shall create any contractual relationship between Project Manager and the Contractor; provided, however, that Project Manager shall be deemed to be a third party beneficiary of those obligations of the Contractor to City as imposed by the Contract Documents.
xv. Except as otherwise provided in the Contract Documents, and until the Contractor is notified in writing to the contrary, all actions to be taken by, all approvals, notices, consent, directions and instructions to be. given by, all notices and other matters to be delivered to, all determinations and decisions to be made by and, in general, all other action to be taken by, or given to, the City shall be taken, given and made by, or delivered or given to, Project Manager in the name of and on behalf of the City. Only those so designated are authorized to grant on behalf of City any approval, consent or waiver with respect to the Contract Documents or the Work, or to otherwise act for City in any capacity whatsoever.
xvi. The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Project Manager in its administration of the Contract, including, without limitation, by any inspections or tests required, or by approvals or other similar action with regard to shop drawings or submittals (of any type), or by the activities of persons other than the Contractor with respect to the Project. Further, notwithstanding the fact that a dispute, controversy or other question may have arisen between the parties hereto relating to the execution or progress of the Work, the interpretation of the Contract Documents, the payment of any monies, the delivery of any materials or any other matter whatsoever, the Contractor shall not be relieved of its obligations to pursue the Work diligently under the Contract Documents pending the determination of such . dispute, controversy, or other question.

City reserves the right, but assumes no duty, to establish and enforce standards, and to change the same from time to time, for the protection of persons and property, with which the Contractor shall comply, and to review the efficiency of all protective measures taken by the Contractor. The exercise of or failure to exercise any or all of these acts by City shall not relieve the Contractor of its duties and responsibilities under the Contract Documents, and City shall not thereby assume, nor be deemed to have assumed, such duties or responsibilities of the Contractor.

4. CONTRACTOR
i. Composition: If the Contractor hereunder is comprised of more than one legal entity; each such entity shall be jointly and severally liable hereunder. ii. Design, Plans, Specifications, and Site of Project: Contractor has evaluated the feasibility of performing the Work within the time and for the amount set forth in its proposal, accounting for constraints affecting the Project and has reasonable grounds for believing and does believe that such performance is feasible and practicable.

Contractor has, prior to submitting its proposal, in accordance with prudent and generally accepted engineering and construction practices, reviewed the Contract Documents, inspected and examined the Site and surrounding locations and undertaken other appropriate activities sufficient to familiarize itself with the surface and subsurface conditions discernible from the surface affecting the Project, to the extent Contractor deemed necessary or advisable for submittal of a proposal. As a result of such review, inspection, examination, and other activities, Contractor acknowledges and agrees that it has been afforded the opportunity to review information and documents and to conduct inspections and test of the Site and Contractor further acknowledges and
agrees that changes in the conditions as the Site may occur after the date hereof, and that Contractor shall not be entitled to any Change Order in connection therewith except as specifically permitted in Section 17, Extra Work and Changes. Before commencing any Work on a particular aspect of the Project, Contactor shall verify all governing dimension at the Site, and shall examine all adjoining work which may have an impact on such Work. Contractor shall 'ensure that the all design and construction documents accurately depict all governing and adjoin dimensions and conditions. ili. Governmental Approvals: Contractor acknowledges and agrees that it has familiarized itself with the requirements of any and applicable Laws and the conditions of any • required governmental approvals prior to entering into the Contract. Except as •specifically permitted in Section 17, Extra Work and Changes, Contractor shall be responsible for complying with the foregoing at its sole cost and without any increase in Contract price or extension of any completion deadline on account of such compliance, regardless of whether such compliance would require additional time for the performance of additional labor, equipment and/or materials not expressly provided for in the Contract Documents. Contractor has no reason to believe that any governmental approval required to be obtained by Contractor will not be granted in due course and thereafter remain in effect so as to enable the Work to proceed in accordance with the Contract Documents. If any governmental approvals required to be obtained by Contractor must formally be issued in the name of the City, Contractor shall undertake all efforts to obtain such approvals subject to City's reasonable cooperation with Contractor, including execution and delivery of appropriate applications and other documentation in a form approved by City.

Contractor shall assist City in obtaining any governmental approvals which. City may be obligated to obtain, including providing information requested by City and participating in meetings regarding such approvals.
iv. Preparation of Documents: Contractor shall furnish all design. and other services, provide all materials and labor and efforts necessary or appropriate (excluding only those materials, services and efforts with the Contract Documents specify will be undertaken by City or other persons) including those required to (a) design the Project and prepare all required documentation, (b) to construct the Project and maintain it during construction in accordance with the requirements of the Contract Documents, the Project schedule, all Laws, all governmental approvals, the approved Quality Management Plan, the approved Contractor's Safety Program, the approved construction documents and all other applicable safety, environmental and other requirements so as to achieve final completion by the applicable completion deadlines, and (c) otherwise to do everything required by and in accordance with the Contract Documents. Except as otherwise specifically provided hereinafter under warranties, the Contractor shall not be an agent for the City.
v. Responsibility for Design: Contractor agrees that it has full responsibility for the design of the Project and that Contractor will furnish the design of the Project, regardless of the fact that certain conceptual design work occurred and may have been provided to Contractor prior to the execution of the Contract. City does not intend to contract for, pay for, or receive any design services which are in violation of any professional licensing laws, and Contractor acknowledges and agrees that Contractor is fully responsible for furnishing the design of the Project either through its own personnel or through subcontracts with licensed design firm(s). Any references in the Contract Documents to Contractor's responsibilities or obligation to "perform" the design portions of the Work shall be deemed to mean that Contractor shall "furnish" the design for the Project. All design and engineering Work furnished by Contractor shall be performed by or under the supervision of persons licensed to practice architecture, engineering or surveying (as applicable) in the State of California, by personnel who are careful, skilled, experienced and competent in their respective trades or professions, who are professionally qualified to perform the Work in accordance with the Contract Documents and who will assume professional responsibility for the accuracy and completeness of the design documents prepared or checked by them.

Contractor and its design subcontractor (if any) shall, throughout the term of the • Contract, maintain all required authority, license status, professional ability, skills and capacity to perform the Work,' and shall perform them in accordance with the requirements contained in the Contact Documents.
vi. Superintendence: The Contractor shall maintain on the site, during all construction activity, a competent superintendent and any necessary assistants, all satisfactory to the Project Manager. The superintendent shall not be changed except with the consent of the Project Manager, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ, in which case he/she shall be replaced within 24 hours with a superintendent acceptable to the Project Manager. The superintendent shall represent the Contractor and all directions given to the superintendent shall be as binding as if given to the Contractor. The Contractor shall provide Project Manager with complete work history profiles of management staff associated with this Project for Project Manager's review. vii. Licenses and Certificates: The Contractor shall obtain and possess all necessary licenses and permits required by the laws of the United States, State of California, County of Fresno, and any local jurisdiction, and all other appropriate governmental agencies, and agrees to maintain these licenses and permits in effect for the duration of this Contract. Further, Contractor warrants that its employees, agents, and contractors and subcontractors shall conduct themselves in compliance with all applicable laws and licensure requirements now in effect or as subsequently enacted or modified, as promulgated by any local, state, or federal governmenta, entities, including, without limitation, compliance with laws applicable to non- discrimination, sexual harassment, and ethical behavior. Contractor shall notify the Project Manager immediately and in writing of its inability to obtain or maintain, irrespective of the pendency of any appeal, any such permits, licenses, approvals, certificates, waivers, and exemptions. Such inability shall be cause for termination of this Contract. vii. Materials and Equipment: The Contractor shall cause all materials and equipment to be delivered to the Site in accordance with any schedule or schedules therefore established from time to time and approved by Project Manager and, in any event, in a manner which will assure the timely progress and completion of the Work but will not encumber the Site unreasonably. Materials delivered to the Site for incorporation in the Work shall not be removed from the Site without the consent of or unless directed by Project Manager. The Contractor shall give, or shall require its Subcontractors to give, full and accurate quality, performance and delivery status reports, in a form satisfactory to Project Manager, regarding any materials and equipment, or such other data with respect thereto as may be requested by Project Manager, and shall obtain for Project Manager the written assurances of any manufacturer that its material or equipment is designed, and appropriate, for the use intended. The Contractor warrants to City that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents and that all Work shall be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not so conforming to these standards may be considered defective. All warranties and guarantees from Subcontractors (including, without limitation, manufacturers) shall be assignable to City regardless of whether it is so stated therein, and the Contractor agrees to assign all such warranties and guarantees to the City.
ix. Completion Schedule: The Contractor shall prepare and submit, for Project Manager's approval, a Contractor's Construction Schedule for the work which shall provide for expeditious and practicable execution of the work for completion within the Contract Time.
x. Reports by Contractor: Contractor shall produce and maintain daily reports of the site and construction activities that shall be provided to Project Manager on request.

The reports shall follow the City approved format including, but not limited to, information regarding trades at work, manpower, weather conditions, construction progress, and solutions to problems.

Contractor Responsibility: The Contractor shall supervise and direct the Work, using its best skill and attention. The Contractor shall be solely responsible for all design, construction means, methods, techniques, sequences, coordination, scheduling and procedures, for all cleanup and for all safety and weather precautions and programs, in connection with the Work. Contractor shall be solely responsible for the work and the Project as described in the Contract Documents. Contractor shall have complete control over the construction methods, techniques, and procedures, except as may be specifically provided in the Contract Documents. Contractor shall, at its sole cost and expense, perform all labor and services and furnish all material, tools, appliances, and equipment necessary and proper for performing and completing the Work of the Project in strict compliance with the terms and conditions of the Contract Documents. Contractor shall provide all labor, materials, and equipment in conformity with the Contract Documents and other directions as may be provided by the Project Manager.

Xii. Ongoing Oversight: Contractor shall keep itself continuously informed of the progress of the Work and the Related Work and will attend all meetings related to the Work and the Related Work as specified in the Contract Documents and as identified in the Contractor's Construction Schedule. Contractor further agrees to work in a prompt, efficient, expert, and diligent manner and to furnish sufficient manpower to complete the Work in accordance with the Contractor's Construction Schedule. Contractor shall prosecute the Work diligently to completion. Contractor shall be responsible for the coordination and scheduling of all Work and the Related Work.

Ongoing Self-Inspection: Contractor shall, at its sole cost and expense, inspect its work to determine strict conformance to the requirements of the Contract Documents. (This obligation of the Contractor is in addition to the Contractor's obligations to make repairs or to remedy deficient or unacceptable work as may be required under the Contract or any other provision of the Contract Documents.) If the Contractor determines that some of the work performed on the Project does not comply with the requirements of the Contract Documents, Contractor shall repair or replace such defective work at its sole cost and expense. Contractor shall gain no protection or right of reliance on the Project Manager's or City Manager's inspection of the work. If it is determined that the Project Manager or City Manager inspected work and failed to call defects or non-conforming items to the attention of Contractor, the City shall not be deemed to have waived the requirements of the Contract Documents or accepted the work.
xiv. Monitoring and Compliance: The Project Manager shall, at all times, have safe access to the Project site and its related work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of Contract Documents. All work done and all materials furnished shall be subject to Project Manager inspection.

In the event the Project Manager finds or determines that the work or material are not in accordance with the requirements and the intentions of the Contract Documents, the Project Manager shall issue a Non-Conformance Notice. Upon receipt of a Non- Conformance Notice the Contractor shall provide a written Response to the Non- Conformance Notice within five (5) working days after receipt of the Notice. The Contractor's response shall detail either (a) why Contractor believes that the work was performed in accordance with the Contract Documents or
(b) what corrective action Contractor intends to take, at its sole cost and expense, to correct the non-conforming work. If Contractor disputes issuance of the Notice, the Project Manager has five (5) working days in which to respond by either (a) withdrawing the Notice of Non- Conformance or (b) directing the Contractor to correct the work.

Such determination of the Project Manager shall be final and conclusive of the matter. if directed cret work. Contractor shall do so within five (5) working, days after receipt of such direction from the Project Manager, or such other time as may be agreed to with the Project Manager.
xV. Inspectors: In addition to the Project Manager, inspectors of Local Jurisdictions are authorized to enforce strict compliance with the terms and conditions of the Contract Documents and to determine the acceptability of materials and workmanship.

Inspectors are authorized to reject work or materials if they determine that such work or matérials do not conform to the requirements of the Contract Documents. Whenever an inspector determines that some work installed by the Contractor, or any Subcontractor or supplier at any tier does not conform to the requirements of the Contract Documents, a Notice of Non-Conformance will be issued to record this determination. In the event of a dispute between the Contractor and an inspector concerning non-conforming work, the Contractor shall pursue the issue in accordance with the requirements below, relating to Non-Conforming Work. Inspectors are not authorized to issue or direct changes. to the requirements of the Contract Documents:

In the event that the Contractor believes some direction given by an inspector does constitute a change to the requirements of the Contract Documents, Contractor shall within two (2) days provide written notice to the Project Manager detailing the direction given, by whom, when and under: what circumstances, and why the Contractor believes that such direction constitutes a change to the requirements of the Contract Documents. Failure to provide such written notice to the Project Manager within the specified timeframe shall constitute a waiver of claim with respect to the direction received by the Contractor.
xvi. Remedy and Repair of Work: The inspection of the work or materials shall not • relieve the Contractor of any of the Contractor's obligations to fulfill the requirements of the Contract Documents. Work and materials not meeting the requirements shall be made good, and unsuitable work or materials may be rejected, notwithstanding that the . work or materials have been previously inspected by the Project Manager or that payment therefor has been included in a progress payment. All work which has been rejected as indicated in a Non-Conformance Notice shall be remedied, or removed and replaced, by the Contractor in an acceptable manner, and no compensation will be allowed to the Contractor for the removal, replacement or remedial work.

Payment shall not be made on any portion of the work for which a Non-Conformance Notice has been issued and the work not corrected to the satisfaction of the Project Manager.
xvii. Failure to Comply: Upon failure of the Contractor to comply promptly with any order of the Project Manager made under subsections xili, xiv, xv, and xvi above, the Project Manager, with the approval of the City Manager, may cause rejected or unauthorized work to be remedied, removed, or replaced, and to deduct the costs from any, moneys due or to become due the Contractor.
xvili. Contactor Liabilities: The Contractor shall be responsible to City for the acts and omissions of its employees. The Contractor shall be held responsible for all damages resulting from 'its employees' or its subcontractors' or agents' errors, omissions, or negligence in the performance of the Work and completion of the Project. xix. Deficiencies in Contract Documents: Contractor covenants and agrees that Contractor, its employees, agents, subcontractors, and suppliers have an affirmative duty and obligation to promptly disclose to the Project Manager any deficiency, error, or inconsistency in the Contract Documents so that Project Manager and the City can affect any required or necessary modification thereof in a timely and cost effective • manner. Contractor shall not take advantage of any apparent deficiency, error, or inconsistency in the Contract Documents. Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, Contractor shall apply to the Project Manager in writing for such further written explanations as may be necessary before
proceeding with the Work affected thereby and shall conform to the explanation provided. The fact that the Contract Documents omit or misdescribe any details of any Work which is necessary to carry out the intent to the Contract Documents, or which are customarily performed, shall not relieve Contractor form performing such omitted Work (no matter how extensive) or misdescribed details of the Work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to ta Change Order except as agreed to by City. xx. Ongoing Duty to Disclose: If the Contractor, either before commencing. work or in the course of the work, finds any discrepancy within the Contract Documents, or between the Contract Documents and the physical conditions at the Site, the Contractor shall promptly notify the Project Manager in writing of such discrepancy. If the Contractor observes that the Contract Documents are at variance with any applicable law, regulation, order, or decree, the Contractor shall promptly notify the Project Manager in writing of such conflict. The Project Manager, on receipt of such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, work done by the Contractor after the discovery of such error, discrepancy, or conflict which is directly or indirectly affected by such error, discrepancy, omission, or conflict will be at the Contractor's own risk and the Contractor shall bear all costs arising therefrom.
xxi. Duty to Coordinate: The Contractor shall be responsible for coordinating any work carried on at the Site by other parties or by the City, including the Related Work, simultaneously with the Work. The compensation to be paid to Contractor under this Contract includes any costs which the Contractor may incur as a result of coordinating the Work with such other work, including the Related Work. In no case shall the Contractor be entitled to extra compensation from the City for damages suffered as a result of work being carried on at the Site by other parties or the City simultaneously with the construction work for this Project. Nevertheless, if such work results in a delay to the Contractor's work beyond reasonable time allocations afforded to such work and Related Work identified on the Contractor's Construction Schedule as approved by the Project Manager, the Contractor may be eligible for an extension of time as specified under Section 17, Extra Work and Changes.
xxii. Failure to Pay for Labor or Materials: If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Agreement. In the event of the failure or refusal of the surety to satisfy said claims, City may settle any claims directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, pursuant to Civil Code section 9358.
xxili. Compliance with Laws: The Contractor shall, at its cost and expense, comply with all Laws, as any may now exist or be hereafter changed or added. It shall be the responsibility of the Contractor to familiarize itself with all such Laws, and any performance of the Work by or on behalf of the Contractor which is not in compliance with the Laws shall be at the Contractor's sole risk and expense. The Contractor shall notify City prior to execution of the Contract (and, without limiting the continuous duty of the Contractor to advise the City) of any instances where the Contract Documents are, or where the Contractor believes the Contract Documents are, not in compliance with the Laws.

Ongoing Responsibility: Any Work or material not specified in the Contract Documents but which by fair implication, in the judgment of the Project Manager, should be included therein, shall be accomplished, furnished, or provided by the Contractor as part of the Project.
xxv. Taxes, Fees, and Licenses: The Contractor shall pay, or cause to be paid, all import duties and sales, consumer, use, excise, value added, special and ad valorem taxes required to be paid in connection with the Work or upon materials, tools or equipment brought to the Site or used in the Work. If any of the foregoing taxes are not paid in timely manner, City may withhold the amount of any such taxes from any amounts owing to the Contractor under the Contract Documents, submit the amount so withheld to the appropriate taxing authority on behalf of the Contractor or its Subcontractors or Sub-subcontractors and offset said amount against the Contract Price. The Contractor shall secure and pay for all governmental fees, permits and licenses which City is not specifically required to provide and pay for under the Contract Documents. xxvi. Tests: If the Contract Documents, or any laws, ordinances, rules, regulations, or any orders or decrees of any public or quasi-public authority having jurisdiction, or common practice in the industry, require or dictate that the Contractor have any portion of the Work inspected, tested or approved, the Contractor shall advise Project Manager in a timely manner (in writing, if practicable) of its readiness and of the date arranged so that Project Manager may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests and approvals except as otherwise specified. Project Manager may require any special inspection, testing or approval of the Work not included above, or any more stringent inspection, testing or approval thereof, in which event it shall instruct the Contractor to order such inspection, testing or approval, and the Contractor shall advise Project Manager in a timely manner (in writing, if practicable). If such inspection or testing reveals any failure of the Work or the performance thereof to comply with the more stringent of: (a) the requirements of the Contract Documents; (b) applicable industry standards; or (c) applicable laws, ordinances, codes, rules, regulations or orders or decrees of any public or quasi-public authority having jurisdiction, or reveals any defect in the Work, the Contractor shall bear the costs of such inspection or testing and all costs to correct the Work to the satisfaction of Project Manager, which, if incurred by City, may be offset by City against any amounts then or thereafter due to the Contractor. If such inspection or testing proves that the Work was performed properly, City shall bear the costs of such inspection or testing. Required certificates of inspection, testing or approval shall be secured by the Contractor and promptly delivered by it to the Project Manager. xxvii. General: The duties and responsibilities of the Contractor as set forth in this Section 4 are in addition to, and not in lieu of, other duties and responsibilities of the Contractor enumerated elsewhere in the Contract Documents.
xxviii. Ownership of Design: Design and construction documents shall become the property of City upon preparation; and other documents prepared or obtained by Contractor or its subcontractors in connection with the performance of its obligations under the Contract, including studies, manuals, as-built drawings, technical and other reports and the like, shall become the property of City upon Contractor's preparation or receipt thereof. Copies of all design and construction documents shall be furnished to City xxix. Contractor shall as part of the design of the Project develop and submit to City for • approval a Quality Assurance/Quality Management Plan. At a minimum, the Quality 5, procedures, and the means of ensuring that all items oi the processes, procedures and details of reviews and checks that will be performed on the design of the Project, and the inspections and tests that will be performed on construction materials and workmanship to ensure overall quality of the constructed Project. The Contractor shall also submit the Contractor's Safety Plan to the City prior to beginning any construction activities.

5. SUBCONTRACTS
i. Licensed Subcontractors: Contractor shall not have the right and shall not make any substitution of any listed subcontractor, as set forth in California Public Contract Code section 4101, except in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Public Contract Code sections 4100 et seq.). Once Contractor has entered into a subcontract valued in excess of 1/2 of 1% of the Contract Price, the Contractor shall not have the right and shall not make any substitution of said subcontractor except in accordance with the provisions of said Act. Each subcontractor selected for the Work shall be licensed in the State of California in the 'subcontractor's particular field.
ii. Transactions: Transactions with subcontractors shall be made through the Contractor.

City may assign to the Contractor any contracts or purchase orders entered into between City and any other person or organization in any way related to the Project or the Work, at any time, in which event the Contractor shall assume full responsibility for such person or organization and its portion of the Work as if such person or organization was originally a Subcontractor. Such assignment may occur by Change Order or other Modification to the Contract, and any increase in the Contract Price shall • be governed by Section 17, Extra Work and Changes.
iii. Writing: All subcontracts and sub-subcontracts shall be in writing. Each subcontract and sub-subcontract shall contain a reference to this Contract and shall incorporate the terms and conditions hereof to the, full extent applicable to the portion of the Work covered thereby. Each Subcontractor must agree, for the benefit of City, to be bound by, and to require each of its Sub-subcontractors to be bound by, such terms and conditions to the full extent applicable to its portion of the Work. iv. Responsibility: The Contractor shall be fully responsible to the City for the acts and omissions of subcontractors and all persons directly or indirectly employed by them as Contractor is for the acts and omissions of Contractor and of persons - directly or indirectly employed by Contractor and shall pay each subcontractor promptly the amount allowed Contractor on account of such subcontractor's work to the extent of such subcontractor's interest therein.
v. Incompetent or Disorderly Conduct: If any Subcontractor or person employed by the Contractor shall appear to the Project Manager to be incompetent or to act in a disorderly or improper manner, such person shall be discharged immediately on the request of the Project Manager, and, that person shall not again be employed on the Work.
vi. Mandatory Subcontract Terms: Each subcontract shall provide for its termination by the Contractor if, in Project Manager's opinion, the Subcontractor fails to comply with the requirements of the Contract Documents insofar as the same may be applicable to its portion of the Work; and each Subcontractor shall be required to insert a similar provision in each of its sub-subcontracts. In the event of any such failure by a Subcontractor or Sub- subcontractor to comply with the requirements of the Contract Documents, such Subcontractor or Sub-subcontractor, as the case may be, shall be removed immediately from the Work and shall not again be employed on the Work.

The Contractor shall be responsible for all costs and expenses arising out of, and shall indemnify City on account of any such failure by a Subcontractor or Sub- subcontractor (specifically including, without limitation, a failure to pay for labor (including applicable fringe benefits) or materials).
vii. Contractual Relations: Nothing contained in the Contract Documents shall create any contractual relations between City or the Project Manager and a subcontractor.

However, it is acknowledged that City and Project Manager are intended third party beneficiaries of the obligations of the Subcontractors and Sub-subcontractors related to the Work and the Project.

6. DRAWINGS AND SPECIFICATIONS
i. Checking: The Contractor, as part of this Contract, shall be responsible for any errors or omissions in the plans and specifications thereto. Any defect or insufficiency that exists in design, materials, or specified method which is directly or indirectly affected by defect or insufficiency in design, materials, or specified method will be the responsibility of the Contractor and the Contractor shall bear all costs arising therefrom. ii. Precedence: Figures marked on drawings shall in general be followed in reference to scale measurements. Large scale drawings shall in general govern small scale drawings. Specifications and schedules shall govern over drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors. When measurements are affected by conditions already established, the Contractor shall take measurements notwithstanding the giving of scale or figure dimensions in the drawings. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. iil.. Shop Drawings: The Contractor shall establish, implement, and supervise the submission of shop drawings and other submittals (of any type) in accordance with the Contractor's Construction Schedule and any milestones. The Contractor shall note any variances between any such shop drawings or other submittals and the Contract Documents for the benefit of City at the time of submission. No approval or other similar action regarding any such submission shall be binding in any way upon City. iv. Drawings and Specifications at the Site: The Contractor shall keep available at the site for ready reference a complete set of all contract drawings, details, supplementary drawings and approved shop drawings, a complete copy of the specifications with all amendments, and copies of Project correspondence. The
Contractor shall maintain on the site a complete "as built" record set of prints. In addition, the Contractor shall keep on the, site as required a copy of each manufacturer's current printed recommendations. Contractor shall also submit a copy to the Project Manager.
v. Deviations: Deviations from the drawings and the dimensions therein given, whether or not error is believed to exist, shall be made only after written authority is obtained from the Project Manager.

7. DIVISIONS OF THE SPECIFICATIONS
i. For convenience, the work as described in the Contract Documents are arranged in several divisions and sections, but such separations shall not be considered as the limits of the work required for any subcontract or trade: the terms and conditions of such limitations are wholly between the Contractor and his subcontractors, and the City will not be responsible for any division of Work by subcontractors. The Contractor will be solely responsible for all subcontract arrangements of Work regardless of the location of provisions in the specifications.
ii. Schedules of Work included in the sections, where listed, are given for convenience only, and shall not be considered as a comprehensive list of items or work necessary to complete the Work of any section.
ili. Where devices or items or parts thereof are referred to in the singular, it is intended that such reference shall apply to as many devices, items, or parts as are required to properly complete the Work...
iv. Each section of the specifications is covered by applicable requirements of the Contract Documents and other related sections as if therein written.

8. SITE CONDITIONS
i. Existing Site Conditions: Information respecting the site of the work has been obtained by City's representatives and is believed to'be reasonably correct, but the City does not warrant either the completeness or accuracy of such information, and it is the responsibility of the Contractor to verify all such information. ii. Changed Conditions: The Contractor' shall promptly, and before such conditions are disturbed, notify the Project Manager in writing of:

Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents; or

2. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. The Proiect Manager shall promptly investigate the conditions, and if, as a result finds that such conditions do so materially differ and cause an increase or decrease in the Contractor's cost of, or the time required for performance an equitable adjustment shall be made and the Contract Documents modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless Contractor has given notice as above required. ili. Public Utility Facilities on Project Site: Pursuant to California Government Code, Section 4215, the Contractor shall be compensated for the costs of locating and repairing damage to public utility facilities on the Project site which was not due to failure of Contractor to exercise reasonable care, and removing or relocating main or trunk line utility facilities located on the Project site, if such work is required in the Contract Documents or the Project Manager. Such compensation shall also cover the cost of Contractor's equipment necessarily idled during such work. This provision shall not be deemed to require compensation when the presence of existing service laterals or appurtenances can be inferred from the presence of visible facilities such as buildings, meter and junction boxes, on or adjacent to the construction site. If the Contractor discovers such unidentified utility facilities during construction, Contractor shall immediately notify the Project Manager and the utility in writing. iv. Space at Site: The Contractor shall be allowed reasonable space at the site of the work as available and access thereto and shall confine Contractor operations to the space assigned. The work shall be done without interference with the ordinary. use of the fire station. The Contractor shall cooperate with other contractors of the City and shall not commit or permit any act which will interfere with the performance of work by any other contractor or employees of the City, whether at the site or not.

9. CONDITIONS AFFECTING THE WORK
The Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the Work without additional expense to the City. The City assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the Contract Documents, unless such understanding or representations by the City are expressly stated in the Contract Documents.

10. CITY'S PROPERTY ON SITE
All fixtures, facilities, equipment, vehicles, furniture, and all other personal property of the City located at the job site which are removed in the course of construction of the Project remain the property of the City unless express provision to the contrary is made in the Contract Documents, and the Contractor shall exercise reasonable care to prevent loss or damage to said property and shall deliver promptly such property to the place designated by the Project Manager.

11. PROTECTION
i. The Contractor shall, throughout the performance of the Work, maintain adequate and continuous protection of all Work, all material and supplies, and temporary facilities against loss or damage from whatever cause, shall protect the property of City and third parties from loss or damage from whatever cause, and shall comply with the requirements of City and its insurers and with all applicable laws, codes, rules and regulations with respect to the prevention of loss or damage to property as a result of fire or other hazards.

The Project Manager may, but shall not be required to, make periodic patrols of the Site as a part of its normal security and safety program. In such event, however, the Contractor shall not be relieved of its aforesaid responsibilities and City shall not assume same, nor shall it be deemed to have assumed, any responsibility otherwise imposed upon the Contractor by the Contract.
ili. Until final acceptance of the Work by City, the Contractor shall have full and complete charge and care of and, except as otherwise provided in this Subsection, shall bear all risk of loss of, and injury or damage to, the Work or any portion thereof (specifically including City-furnished supplies, equipment or other items to be utilized in connection with, or incorporated in, the Work), materials, equipment, and supplies, from any cause whatsoever, subject to the limitations set forth below. iv. The Contractor shall rebuild, repair, restore, replace, and make good all losses of, and injuries or damages to, the Work or any portion thereof (specifically including City- supplied, equipment or other items to be utilized in connection with, or incorporated in, the Work), material, equipment, and supplies before final acceptance of the Work. Such rebuilding, repair, replacement, or restoration shall be at the Contractor's sole cost and • expense.
v. Contractor shall take proper safety and health precautions to protect the Work, the workers, the publić, and the property of others. Contractor shall comply with the provisions of the Construction Safety Orders issued by the State Division of Occupational Safety & Health. Contractor shall also be responsible for all materials • delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction thereof which theretofore may have been accepted.
vi. The Contractor shall maintain continuously adequate protection of all Work from damage and shall protect the City's property from injury or loss arising in connection with the Contract Documents. Contractor shall make good any such damage, injury, or loss, except such as may be directly due to errors in the Contract Documents or caused by agents or representatives of the City. Contractor shall adequately protect adjacent property as provided by law and the Contract Documents, and shall maintain reasonable security of the site at all times, if necessary. Contractor shall limit visitors to the site to those necessary for construction and inspections. Visitors for other purposes shall be referred to the Project Manager. Contractor's and subcontractors' employees shall possess means of identification at all times as required by the Project Manager while on the job site.
vii. In an emergency affecting the safety of life or of the Work or of adjoining property the Contractor, without special instruction or authorization from the City, is hereby permitted to act at Contractor's discretion to prevent such threatened loss or injury.

Contractor shall so act if directed or instructed by the Project Manager. Any dispute as , to compensation claimed by the Contractor on account of emergency work shall be determined by agreement as hereinafter set forth.
vili. The Project Manager may notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct such conditions. Such notices, when delivered to the Contractor or Contractor's representative at the site of the Work, shall be déemed sufficient for said purpose. Failure of receipt of such notice from the Project Manager shall not relieve the Contractor of responsibility.
ix. If the Contractor fails or refuses to comply promptly, the Project Manager may issue an order stopping all or part of the Work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of claim for extension of time or for excess costs or damages to the Contractor.

The Contractor will be responsible for ensuring that his subcontractors comply with the provisions of this Article.
x. Surface or Subsurface water or other fluid shall not be permitted to accumulate in excavations or under the structures. Should such conditions develop or be encountered, the water or other fluid shall be controlled and suitably disposed of by means of temporary pumps, piping, drainage lines and ditches, dams or other methods approved in writing by City. The proposed location and coordination of temporary channels and conduits conducting accumulated water from the Site shall be submitted to Project Manager for its prior written approval. All such work shall be done at the sole expense of the Contractor, and in accordance with the Federal National Pollutant Discharge Elimination System (NPDES) and the NPDES Genera! Construction Permit which includes the Contractor's Storm Water Pollution Prevention Plan (SWPPP) pursuant thereto.

12. RESPONSIBILITY FOR DAMAGES OR INJURY
i. The City and all officers and employees thereof shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, or Contractor's workers, or anyone employed by Contractor. ii. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the Work or at any time before its completion and final acceptance.
ili. The Contractor shall indemnify and save harmless the City, its Board of Directors, all officers and employees thereof connected with the work:

1. from all claims, suits or actions of every name kind and description, brought for, or on account of, injuries to or death of any person or damage to property resulting from the construction of the Work or by or in consequence of any negligence regarding the Work;

2. use of improper materials in construction of the Work;

3. or by or on account of any act or mission by the Contractor or Contractor's agents during the progress of the Work or at any time before its completion and final acceptance.
iv. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract Documents as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages as aforesaid.

13. PAYMENTS
The City shall make payments upon the Contract Price in accordance with the Contract Documents.

14. ASSIGNMENT
The Contract Documents, or any obligation thereunder, may not be assigned by the Contractor.

Claims for monies due or to become due the Contractor from the City under the Contract Documents may be assigned, with the written consent of the Board of Directors, to a bank, trust company, or other financing institution and may thereafter be further assigned or reassigned to any such institution. To effect such assignments, the Contractor, or Contractor's assignee, shall submit a written request to the Board of Directors enclosing a letter from the proposed assignee indicating that it will accept such assignment. Any attempted assignment contrary to provisions of this subsection shall bé void.

15. OTHER CONTRACTS
The Board of Directors may undertake or award other contracts for additional work or other work, and the Contractor shall fully cooperate with such other contractors and City employees and carefully fit Contractor's own work to such additional work as may be directed by the Project Manager. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by City employees.

16. WARRANTY/ WARRANTY WORK
i. One-Year Warranty: The Contractor agrees to maintain and guarantees for a period of twelve (12) months from the date of the issuance of the certificate of acceptance of the Project or the issuance of a temporary certificate of occupancy as requested by the City Manager in the City Manager's sole discretion, whichever event occurs first, (and for such additional or extended periods for portions of the Work as provided in the Contract Documents), that the completed work is free from all defects due to faulty materials, equipment or workmanship and that Contractor shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to the Site, Project, Work, or any system installed therein resulting from such defects.
il. Warranty Work / Normal Response Time: In the event of failure to comply with the above-mentioned conditions within one (1) week after being notified in writing, the City is hereby authorized to proceed to have the defects remedied and made good at the expense of the Contractor who hereby agrees to pay the cost and charges therefore immediately on demand.
ili. Warranty Work / Emergency Response Time: If in the opinion of the City, defective work creates a dangerous condition, affects the City's essential operations / essential use of the facility, affects the safety or preservation of property or personnel, or requires immediate correction or attention to prevent further loss to the City, the Contractor shall be required to take corrective action within 24 hours after personal or telephonic notice by the City's Property Management Section. If the Contractor cannot be contacted or does not comply with the City's request for correction within 24 hours (or a reasonable time as determined by the City), the City may, notwithstanding the provisions of this article, proceed to make such correction, the cost of which shall be charged against the Contractor who hereby agrees to pay the cost and charges therefore immediately on demand.
iv. Failure to Take Corrective Action: Failure by the Contractor to take corrective action as 'specified above shall constitute a material breach of this agreement and will result in the City taking whatever corrective action it deems necessary including termination of this agreement. All costs resulting from such action by the City will be claimed against Contractor or, if necessary, the Contractor's Performance Bond. The Contractor's Performance Bond shall remain in full force and effect through the warranty period.
v. Alternative Remedy: The performance bond shall remain in full force and effect through the guarantee period or, at the option of the Contractor, a warranty bond in the amount of one hundred percent of the Contract price may be substituted for the performance bond. Such warranty bond must be in a form approved by City Counsel, be issued by a surety authorized by the State Insurance Commissioner to transact business in the State of California as a surety, and must have and maintain, • throughout the warranty period, at least an "A-" policyholder's rating, or better, and a financial rating of "Class VII," or better, in accordance with the most current A.M. Best's vi. All Inclusive Remedies: The Contractor' obligations under this clause are in addition to the Contractor's other express or implied assurances contained in the Contract Documents, or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment, or work.

17. EXTRA WORK AND CHANGES
i. The Contract Sum. as set forth in the Contract includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by the Project Manager specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in this Section 17 Extra Work and Changes. City may extend the time fixed in the Contract Documents for completion of the Project by the number of days reasonably required for Contractor to perform the extra work only if Contractor is actually delayed in the performance of any item of the Project on the critical path.by:

1. Any act or neglect of City, Project Manager, or any employee, agent, or representative of City; or

2. Combined action of workers, either those employed on the Project or in any industry essential to the conduct of the Work not caused by or resulting from •default, negligence, or collusion on the part of Contractor or its Subcontractors of every tier; or

3. Unusually severe weather conditions not reasonably anticipatable for that portion of the City if Farmersville where the site is located, based upon U.S. Weather Bureau • climatological reports for the months included plus a report indicating average precipitation, temperature, etc. for the last ten (10) years from the nearest reporting station; or

4. Excusable Transportation Delays; or

5. Excusable Labor Disputes; or

6. Acts of God; or

7. National Emergency, declared by the President of the United States. In the event one or more of the specific situations described above occurs, the Scheduled Completion Date may be extended by Change Order for a period not to exceed the length of such delay, provided that Contractor presents a written request to Project Manager, with demonstrated justification acceptable to the Project Manager, for such time extension within five (5) days of the commencement of such delay. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor as determined by Project Manager. The decision of the Project Manager shall be final.
ii. The Project Manager may, at any time, by written order, and without notice to the sureties, make changes in the drawings or specifications of the Contract Documents if within the general scope thereof. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a Change Order.

If any change under this Section 17, Extra Work and Changes, causes an increase or decrease in Contractor's actual direct cost or the time required to perform any part of , work under this Contract, whether or not changed by any order, the Project Manager may make an equitable adjustment and modify the Contract in writing. No claim for any change shall be allowed for any costs incurred more than fifteen (15) days befóre the Contractor gives written notice as required below. iv. No extension of time shall be given unless the delay for which a request is made is included in those items for which an extension to the Scheduled Completion Date is appropriate pursuant to the provisions of this Section 17, Extra Work and Changes, and the Project Manager finds that such reason for the delay actually adversely affected the ability of the Contractor to complete the Project by the Scheduled Completion Date or to complete a milestone. Project Manager's decision will be conclusive on the parties to this Contract.
v. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies the Project Manager that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. The Project Manager's decision will be conclusive on all parties to this Contract. vi. No extension of the Scheduled Completion Date or the right on the part of Contractor to secure any such extension pursuant to this Section 17, Extra Work and Changes, shall prejudice any right City may have under the Contract Documents, or otherwise, to terminate this Contract.
vii. The Contract Price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by the Project Manager specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in in this Section 17, Extra Work and Changes. vili. Project Manager may extend the Scheduled Completion Date by the number of days reasonably required for Contractor to perform the extra work, but only to the extent such extra work actually adversely affects the Scheduled Completion Date, as determined by Project Manager. The decision of the Project Manager shall be final. ix. The City or the City Manager may order modifications or authorize Change Orders for any reason. Such modifications shall be reviewed, evaluated, and processed in the manner specified in this Section 17, Extra Work and Changes. x. Project Manager may at any time, without notice to any surety, by written order make any change in the work within the general scope of the Contract, including, but not limited to, changes in:

1. The Contract Documents (including drawings and designs);

2. The time, method, or manner of performance of the work;

3. The City-furnished facilities, equipment, materials, services, or site; or

4. Directing acceleration in the performance of the work. xi. Except as provided in this Section 17, Extra Work and Changes, no order, statement or conduct of the City or its representatives, including, but not limited to the City Manager, and/or Project Manager, shall be treated as a change under this Section 17, Extra Work and Changes, or entitle Contractor to an equitable adjustment. xii. If Contractor intends to assert a claim for an equitable adjustment under this Section 17, Extra Work and Changes, it must, within fifteen. (15) days after receipt of a written change order under this Section 17, Extra Work and Changes, or the furnishing of a written notice hereunder, submit a written statement to the Project Manager setting forth the general nature and monetary extent of such claim. Such claim shall contain the documentation and information as specified herein. The Project Manager may extend the 15-day period so long as the request for the extension is submitted within such 15-day period and only for good and justified cause. Project Manager's decision regarding any request for extension shall be final and binding on all parties. xili. Claim documentation shall conform to generally accepted accounting principles and all supporting documentation shall be cited by reference, photocopies, or explanation.

Supporting documentation may include, but shall not be limited to, general conditions, general requirements, technical specifications, drawings, correspondence, conference notes, shop drawings logs, survey books, inspection reports, delivery schedules, test reports, daily reports, subcontracts, fragmentary schedules or time impact analyses, photographs, technical reports, requests for information, field instructions, and all other related records necessary to support Contractor's claim. xiv. Supporting documentation of damages for each claim shall be cited, photocopied, or explained. Supporting documentation may include, but shall not be limited to, any or all documents related to the preparation and submission of the bid; certified, detailed labor records including labor distribution reports, material and equipment procurement records, construction equipment ownership cost records or rental records, Subcontractor or vendor files and cost records, service cost records, purchase orders, invoices, project as planned and as-built records, general ledger records, variance reports, accounting adjustment records, and any other accounting materials necessary to support Contractor's claim.
xv. Each copy of the claim documentation shall be certified as true and correct and under penalty of perjury by a responsible officer of the Contractor in accordance with the requirements of the Contract Documents.
xvi. Should Contractor be unable to support any part of the claim and it is determined that such inability is attributable to falsity of such certification or misrepresentation of fact or fraud on the part of Contractor, the Contractor shall be liable to City as provided for under California Government Code Section 12650 et seg. xvii. Disputed work shall be performed as ordered in writing by the Project Manager, so long as the cost of such work is within the authority of the Project Manager as described above, so as to minimize the impact on, and delays to, the Work. xviii. Costs which shall not be allowed or paid in Change Orders or claim settlements under this Contract include, but are not limited to, interest cost of any type other than those mandated by statute; claim preparation or filing costs; legal expenses; the costs of preparing or reviewing proposed Change Orders or change order proposals concerning change orders which are not issued by the City; lost revenues; lost profits; lost income or earnings; rescheduling costs; costs of idled equipment when such equipment is not yet at the Site or has not yet been employed on the Work; lost earnings or interest or unpaid retainage; claims consulting costs; the costs of corporate officers or staff visiting the Site or participating in meetings with the City; any compensation due to the fluctuation of foreign currency conversions or exchange rates; loss of other business; or any other cost identified as unallowable cost under the provisions of the Federal Acquisition Regulations. xix. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City or its Project Manager may require without nullifying this Contract. Contractor shall adhere strictly to the Contract Documents unless a change therefrom is authorized in writing by the Project Manager, subject to the limitations contained herein. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City or its Project Manager and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Disputed work shall be performed as ordered in writing by the City or the Project Manager and the proper cost or credit breakdowns therefor shall be submitted in accordance with the Contract Documents.
xx. Project Manager is authorized by the Board of Directors to make, by written order, changes or additions to the work within the scope of the Contract Documents. The Parties acknowledge and understand that approval authority for any such written order, changes or additions will vary depending on the scope of the requested change. xxi.. Labor wage rates shall not exceed the Prevailing Wage Rates supported by payroll records. Equipment rental rates should be based on latest edition of equipment rental rates published by the State of California Department of Transportation; Division of Construction.
xxii. Nothing in this Section shall excuse the Contractor from proceeding with the Contract Documents as changed.

18. ORAL MODIFICATION
No oral statement of any person whomsoever shall in any manner or degree modify or otherwise affect the terms of the Contract Documents.

19. MATERIAL, WORKMANSHIP, AND ACCEPTANCE
i. Where materials are specified by reference to standard specifications of the American Society for Testing Materials (A.S.T.M.), Federal Specifications, or others, all applicable provisions of the designated specifications shall be considered as forming a part of the Contract Documents to the same force and effect as if repeated therein. ii. All work under the Contract Documents shall be performed in a skillful and workmanlike manner. The Project Manager may, in writing, require the Contractor to remove from the work any employee the Project Manager deems incompetent, careless, or otherwise objectionable.

The Contractor shall, without charge, replace any material or correct any workmanship found by the Project Manager not to conform to the Contract Documents, unless in the public interest the Project Manager consents to accept such material or workmanship with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. iv. Unless otherwise provided in the Contract Documents, acceptance by the City shall be accomplished by recordation of Notice of Completion which shall be made as promptly as practicable after completion and inspection of all work required by the Contract Documents. Acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regard the City's rights under any warranty or guarantee. Informal procedures such as "punch lists" are not to be deemed final or conditional acceptance.

20. TERMINATION FOR DEFAULT & DAMAGES FOR DELAY
i. The Contract may be terminated in, whole or in part in writing by either party in ' the event of substantial failure by the other party to fulfill its obligations under the Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given:

1. Not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent.to terminate; and

2. An opportunity for consultation with the terminating party prior to termination. ii. If the Contractor refuses or fails to prosecute the work with such diligence as will ensure its completion within the time specified in the Contract Documents or any extension thereof, or fails to complete said work within such time, the Board of Directors may, by written notice to the Contractor, terminate Contractor's right to proceed with the work or such part of the work as to which there has been delay. In such event, the City may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completion the work such materials, appliances, and plant as may be on the site of the work and necessary therefor. Whether or not the Contractor's right to proceed with the work is terminated, Contractor and Contractor's sureties shall be liable for any damage to the City resulting from Contractor's refusal or failure to complete the work within the specified time.

Fixed and agreed liquidated damages are provided in the Contract Documents, these General Conditions, subsection 38.x. If the City so terminates the Contractor's right to proceed; the resulting damage will consist of such liquidated damages until such reasonable time as may be required for Final Completion of the Work together with any increased costs occasioned the City in completing the work. iv. The Contractor's right to proceed shall not be so terminated nor the Contractor charged with resulting damage if the Contractor is actually delayed in the performance of any item of the Project on the critical path by:

1. Any act or neglect of City, Project Manager, or any employee, agent, or representative of City; or

2. Combined action of workers, either those employed on the Project or in any industry essential to the conduct of the Work not caused by or resulting. from default, negligence, or collusion on the part of Contractor or its Subcontractors of every tier; or

3. Unusually severe weather conditions not reasonably anticipatable for that portion of the County of Fresno where the Project site is located, based upon U.S. Weather Bureau climatological reports for the months included plus a report indicating average precipitation, temperature, etc. for the last ten (10) years from the nearest reporting station; or

4. Excusable Transportation Delays; or

5. Excusable Labor Disputes; or

6. Acts of God; or

7. National Emergency, declared by the President of the United States.

V: The Scheduled Completion Date may be extended by Change Order for a period not to exceed the length of such delay, provided that Contractor presents a written request to Project Manager, with demonstrated justification, for such time extension. within five (5) days of the commencement of such delay. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No extension of time shall be given unless the delay for which a request is made is included in those items for, which an extension to the Scheduled.. Completion Date is appropriate provided above and the Project Manager finds that such reason for the delay actually adversely affected the ability of the Contractor to complete the Project by the Scheduled Completion Date. Project Manager's decision will be conclusive on the parties to this Contract. No claims by Contractor for additional compensation or damages for delays. will be allowed unless Contractor satisfies the Project Manager that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages.

The Project Manager's decision will be conclusive on all parties to this Contract. Project Manager may extend the time indicated for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, but only to the extent such extra work actually adversely affects the Scheduled Completion Date, determined by Project Manager. The decision of the Project Manager shall be final. vi. The rights and remedies of the City provided in this Article are in addition to any other rights and remedies provided by law or under the Contract Documents.

21. CITY'S RIGHTS REGARDING WORK
i. If the Work or any portion thereof is defective and/or does not conform to the Contract Documents, or if Contractor fails to supply sufficient skilled workers. and suitable material, services, or equipment, or if Contractor fails to make prompt payments to Subcontractors or for labor, materials, or equipment, or if Contractor fails to supervise or coordinate the Work, or if grounds exist pursuant to any other provision of the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until cause for the order tó stop has been eliminated. Project Manager's exercise of this right to stop the Work shall not give rise to any duty on the part of the Project Manager to exercise this right for the benefit of Contractor or any other party.

This right to stop the Work pursuant to this Section is in addition to and not in limitation of City's rights to terminate this Contract in accordance with the Contract Documents. i. Project Manager may at any time and without cause suspend the Work or any portion thereof by written notice to Contractor and a Change Order shall be issued extending the Scheduled Completion Date by the number of days of such suspension.

For suspensions of the Work which are fourteen (14) days or less, Contractor shall recommence the Work at the direction of Project Manager with the Contract Price remaining unchanged. Provided Contractor is not in default of the terms of the Contract Documents, if there is a suspension of Work or suspensions which in the aggregate extend beyond fourteen (14) days, Contractor shall recommence the Work at the direction of Project Manager and Contractor and Project Manager shall, at Contractor's written request and through good faith negotiations,
equitably adjust the Scheduled Completion Date and any milestones, and shall equitably adjust the Contract Price, in an amount to be approved by the City Manager or the City, which approval shall not be unreasonably withheld, for each day of such suspension exceeding fourteen (14) days. Adjustments to the Scheduled Completion Date or completion of a milestone shall only be provided to the extent the suspension of Work actually adversely affects the Scheduled Completion Date or completion of a milestone, as determined by Project Manager. The decision of the Project Manager shall be final.
ili. In the event the Project Manager determines that the progress of the Work is behind the progress set forth in the Contractor's Construction Schedule, Project Manager may require Contractor to take such actions as the Project Manager deems necessary to expedite the progress of the Work in conformance with the progress set forth in the Contractor's Construction Schedule. Such actions may include without limitation, increasing the number of workers performing the Work, utilizing overtime work, and requiring additional work shifts. Such action by Project Manager to place Contractor back on schedule shall not be the subject of a Change Order increasing the Contract Price, nor shall Contractor receive any additional compensation for these activities. iv. Contractor shall cooperate with City, Project Manager, and all other persons as City may retain or employ for (by way of illustration only) installation of furniture, decoration, and training, and the like at the Project. Contractor acknowledges that it is critical to City that separate Contractors are allowed to perform and coordinate the installation of furnishings, fixtures, and equipment not covered by this Contract. but necessary for the Project. Contractor covenants to use its best efforts to prevent City from suffering delay in completion of the Work as a result of Contractor's failure to cooperate and coordinate its work with Related Work as required by the Contract Documents. v. To the extent that City timely provides to Contractor information relating to the work of its separate contractors, the interrelationships between the work of separate contractors and/or third parties such as City's purchasing agent and any other special consultants shall be indicated on the Contractor's Construction Schedule to allow City to provide for proper phasing.

22. CONTRACT PRICE; METHOD OF PAYMENT; RETENTION OF FUNDS ' i. City agrees to pay and the Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change order the Contract Price. ii. Progress payments shall be made to the Contractor per month for each successive month as the Work progresses. The Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety-five percent (95%) of the value of the work completed, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain five percent (5%) of the amount of each such progress estimate and material cost until 30 days after the recordation of • the Notice of Completion.
ili. Application for Partial Payment: The Contractor shall request payment through the preparation and submission to City of an Application for Partial Payment. The Application for Partial Payment shall show in detail all monies properly payable to the Contractor, approved by the Project Manager, in accordance with the previously approved activities as identified on the Contractor's Construction Schedule, including those items of labor, materials, and equipment used or incorporated in the Work (and, if City has agreed in advance in writing, suitably stored at the Site) through and including the Payment Application Date. The Application for Partial Payment shall have, as attachments, certifications of payrolls, and such other evidence of performance of the Work, the costs thereof and payment therefor as City may deem necessary or desirable.
iv. The Contractor warrants that title to all Work, materials and equipment covered by an Application for Partial Payment shall pass to City, free and clear of all liens, claims, security interests or encumbrances, upon the sooner occurrence of: (a) the delivery of any such materials or equipment to the Site; or (b) the tender of payment of the applicable Application for Partial Payment by City to the Contractor; and that no Work, materials, or equipment covered by an application for Partial Payment shall have been acquired, whether by the Contractor or by any Subcontractor or Sub- subcontractor, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person.

The passage of title to City as provided herein shall not alter or limit the obligations and duties of the Contractor with respect to the Work and the materials or equipment incorporated therein or used in connection therewith as set forth in the Contract Documents. In this regard, it is specifically noted that neither the City, nor its Directors, officers, employees, or agents shall be held responsible in any manner for any loss that may happen to the Work or any part thereof during the course of construction; for any loss or damage to any of the materials, equipment, supplies, or other things used or employed in performing the Work; for injury to or death of any person, either workers or the public; or for damage to property, from any cause that might have been prevented by the Contractor, Contractor's workers, employees, Subcontractors, suppliers, or agents.
v. If the Contractor has submitted an Application for Partial Payment in the manner prescribed herein, the Project Manager shall, with reasonable promptness, review, approve the same (or such portions thereof covering amounts it determines to be properly due), or shall state in writing its reasons for withholding its approval (whether of all or a part).
vi. The Project Manager's approval of an Application for Partial Payment shall not constitute a representation by City that the conditions precedent to the Contractor's entitlement to payment have been fulfilled, nor shall approval of an Application for Partial Payment by City be deemed a representation by City:
(a) that it has made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (b) that it has reviewed the construction means, methods, techniques, sequences, coordination or procedures, or the cleanliness of the Site, or the safety precautions and programs, in connection with the Work; (c) that it has made any examination to ascertain how or for what purposes the Contractor has used the monies previously paid on account of the Contract Price. vii. No approval of an Application for Partial Payment, progress payment or any beneficial, partial or entire use or occupancy of the Project by City shall constitute an acceptance of any Work which is not in accordance with the Contract Documents; and regardless of approval of an Application for Partial Payment by City, the Contractor shall remain totally obligated and liable for the performance of the Work in strict compliance with the Contract Documents.
vili. Subject to City's rights to offset or withhold as set forth in these General Conditions, after City has approved an Application for Partial Payment, , in whole or in part, it shall make payment of the amount approved to the Contractor as provided in the Contract Documents.

23. RIGHT TO OCCUPY - BENEFICIAL USE
i. City reserves the right, prior to Final Completion of the entire Project, to use a portion Wor a prege Man age enor meany meter rene
Contractor's orderly progress of the Work. Such úse ("beneficial use") shall not be construed as an acceptance of any such Work, or a part of the Work, as substantially complete, nor shall it affect the dates and times when payments shall become due from the City to Contractor, nor shall it prejudice City's rights pursuant to the Contract or any bonds guaranteeing the same. Notwithstanding such occupancy or use, Contractor shall continue to provide insurance, security, maintenance, utilities, and protection to the Work, unless otherwise agreed by the parties in writing. ii. At the sole discretion of the City Manager, any time after beneficial use and prior to issuance of a certificate of occupancy by the Local Jurisdictions, the City Manager may request one or more of the Local Jurisdictions to issue a temporary certificate of occupancy for a portion or portions of the Project. Upon the issuance of such temporary certificate of occupancy, the City may occupy such portion or portions of the Project,, and such portions shall be deemed to be substantially complete. ili. Beneficial Occupancy shall not constitute acceptance by City or Project Manager of the completed Work or any portion thereof, shall not relieve the Contractor of its full responsibility for correcting defective Work and repairing the Work, shall not be deemed to be the equivalent of completion of the Work and shall not entitle the Contractor to any increase in the Contract Price.
iv. Anything in this Section 23 to the contrary notwithstanding, City may certify any portion of the Work to be occupied or used hereunder to be Substantially Completed and, upon the Contractor's timely completion or correction of the items on the "punch- list" with respect thereto, accept that portion of the Work.

24. FINAL COMPLETION AND FINAL PAYMENT
i. When all permits for the Work have been approved, accepted, or otherwise signed off as complete by the inspectors of the Local Jurisdictions, Contractor shall certify to the Project Manager in writing within ten (10) days that the Work is complete in accordance with the Contract Documents and is ready for occupancy. Project Manager and City Manager will make an investigation and inspection of all phases of the Work. If all contractual obligations have not been met, Project Manager shall furnish Contractor a detailed list of all remaining work (the "Punchlist") and Contractor shall commence correction of all items on the Punchlist. A letter of acceptance shall be issued upon completion of all Work specified on the Punchlist to the satisfaction of the Project Manager. In no case will the letter of acceptance relieve Contractor of any obligations of Contractor that may be outstanding. Within five (5) business days after issuance of a letter of acceptance, Project Manager shall issue a certificate of final completion. Upon receipt of the certificate of final completion, Contractor shall submit its final application for payment ("Final Application for Payment") which shall set forth all amounts due and remaining unpaid
to Contractor and upon approval thereof by the Project Manager. City shall pay to Contractor the amount due under such Final Application for Payment as provided herein.
ii. Before City makes the Final Payment to Contractor, all requirements of the Contract Documents shall have been fulfilled, including the following:

1. Receipt by Project Manager of a complete list of Subcontractors and principal vendors, including addresses, telephone numbers, and names of individuals to contact who. are familiar with the Project, including Contractor;

2. Receipt by Project Manager of all operation and maintenance manuals, approved by the Project Manager;

3. Receipt by City of all releases and written guarantees from all Subcontractors and material suppliers for the Project in a form and content satisfactory to the Project Manager, which Contractor hereby agrees to obtain for, and deliver to, Project Manager prior to completion of the Project;

4. Receipt by Project Manager of all "As-Built" records, approved by Project Manager;

5. Copies of any other warranties or guarantees received from manufacturers, suppliers, or Subcontractors; and

6. Evidence satisfactory to the Project Manager showing that the Contractor has promptly and satisfactorily settled all claims, if any, for services. performed and materials furnished in connection with the Work.

7. Receipt by Project Manager of all documentation necessary to demonstrate compliance with the Leadership and Environmental Design program requirements if applicable to Project.
ili. Final Payment shall not become due until Contractor submits to Project Manager: (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which City or City's property might in any way be responsible, have been paid or otherwise satisfied; (2) the consent of the surety to Final Payment; and (3) if reasonably required by the Project Manager, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and. waivers of liens 'arising out of the Contract, to the extent and in such form as may be designated by the Project Manager. Project Manager may require affidavits or certificates of payment and/or releases from any Subcontractor, läborer, or material supplier.
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iv. The acceptance of Final Payment shall constitute a waiver of all claims by Contractor except those previously made in writing and identified by Contractor as unsettled at the time of the Final Application for Payment.
v. The making of Final Payment shall constitute a waiver of all claims by City except those arising from (1) unsettled claims; (2) faulty or defective Work appearing after Final Completion of the Work; (3) failure of the Work to comply with the requirements of the Contract Documents; (4) terms of any special warranties required by the Contract Documents; (5) "Punchlist" items not yet completed by the Contractor; (6) discrepancies noted in subsequent audits performed by City or its agents within one (1) year following Final Payment; or (7) any claims identified by Project Manager as unsettled prior to making of Final Payment.
vi. Final Payment shall not relieve Contractor of its warranty and indemnification obligations pursuant to the Contract Documents, which shall survive such payment. vii. Contractor shall keep and present within fifteen (15) days after request by City or its agents, in a form reasonably approved by the Project Manager, a final itemized accounting of all expenditures made in connection with the Work together with appropriate supporting data.

25. SURETY BONDS
Contractor shall, upon entering into performance of this Agreement, furnish a bond in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the construction performance of the work, and an additional bond in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. The bonds required pursuant to this Section shall be issued by a surety authorized by the State Insurance Commissioner to transact business in the State of California as a surety and shall have and maintain throughout the life of the Project, at least an "A-" policyholder's rating, or better, and a financial rating of "Class VIl," or better, in accordance with the most current A:M. Best's Rating Guide. This Contract shall not become effective until such bonds are supplied to and approved by the City.

26. INSURANCE
i. Contractor is also aware of the provisions of California Labor Code Section 3700 which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract.
ii. Contractor and all Subcontractors will carry workers' compensation 'insurance for the protection of its employees during the progress of the work. ili. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations bodily injury and property damage coverage; professional liability, and builders' all risk insurance. All insurance coverage shall be in amounts specified by City below and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles.
iv. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall contain the following provisions, or Contractor shall obtain endorsements on forms approved by the City to add the following provisions to the • insurance policies: (1) the policy or policies shall name the City, its Directors, officers, officials, agents, employees, Project Manager, volunteers and consultants for this Agreement, and all public agencies from whom permits will be obtained and their Directors, elected or appointed officials, officers, agents, and employees, as determined by the City, as additional insureds on said policies; and (2) each policy shall be endorsed to be primary and any other insurance, deductible, or self-insurance maintained by the City, its Directors, officers, officials, agents, employees, Project Manager, volunteers or consultants, shall not contribute with the primary insurance. The Worker's Compensation policy shall be endorsed to waive all rights of subrogation against City, its Directors, officers, officials, agents, employees, Project Manager, volunteers and consultants.
v. Contractor hereby waives all rights of subrogation against City, its Directors, officers, officials, agents, employees, Project Manager, volunteers and consultants. vi. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not relieve Contractor from the provisions for indemnification of City by Contractor under Section

1.26 below. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted as an insurer in California and shall have and maintain throughout the life of the Project, at least an "A-" policyholder's rating, or better, and a financial rating of "Class VI," or better, in accordance with the most current A.M. Best's Rating Guide, except that the City will accept State Compensation Insurance Fund for the required policy of Worker's Compensation subject to City's option to require a change in insurer in the event the State Fund financial rating is decreased below "B":

Workers Compensation In accordance with the Workers'
Compensation Act of the State of
California, with a minimum of
$2,000,000
Public Liability, in the form of either Combined single limit of $5,000,000 Comprehensive or General Liability. per occurrence for bodily injury, written on a full occurrence basis death and property damage Automobile Liability, including non- Combined single limit of $2,000,000 owned and hired vehicles on a per occurrence basis.

Errors and Omission Liability $2,000,000
Builders' At Risk Bid Price
Coverage for commercial general liability and automobile liability insurance shall be at least as broad as the following:
• Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG0001)
Insurance Service Office (ISO) Business Auto Coverage (Form CA 0001) covering any auto.
vi. Contractor shall either: (1) include all subcontractors engaged in any work relating to this Agreement as additional named insureds under the Contractor's insurance policies, or (2) Contractor shall be responsible for causing its subcontractors to procure, maintain and submit evidence to City of insurance of the same types, in the same amounts, and in compliance with the terms of the insurance requirements set forth in this section, including submittal of all required endorsements. All insurance policies provided by Contractor's subcontractors performing any work related to this Agreement shall be endorsed with the endorsements required above. Contractor shall not allow any subcontractor to commence any work relating to this Agreement unless and until it has provided evidence satisfactory to City that the subcontractor is covered by all insurance required under this section and all requirement endorsements have been submitted to City. Payment under this Agreement for services performed by subcontractors may be withheld by City until evidence satisfactory to City is provided that the subcontractor has secured all the required
insurance is provided to City.

City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates.

Contractor shall pay the premiums on the insurance hereinabove required:

27. RISK AND INDEMNIFICATION
i. Indemnification: To the fullest extent permitted by law, Contractor shall indemnity, defend (at Contractor's sole cost and expense and with legal counsel approved by Cly and at or ayin (licey the indemnie Parties)
and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or consultants' fees and costs and City's general and administrative expenses) of every kind and nature whatsoever (individually, a "Claim"; collectively, "Claims") which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under the Contract Documents (including, without limitation, the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, Contractors, suppliers, consultants, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them) regardless of any active or passive negligence or strict liability of an Indemnified Party. Contractor understands and acknowledges that the indemnification obligation hereunder is intended to constitute a "Type I" indemnity under California law and extends to and includes Claims arising from the active or passive negligence of Indemnified Parties. Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties.
ii. Duty to Defend: The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend exists regardless of any ultimate liability of Contractor. Such defense obligation shall arise immediately upon presentation of a Claim by any party and written notice of such Claim being provided to Contractor. Payment to Contractor by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent ' to enforcing such Indemnified Party's rights to indemnification hereunder. Contractor's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations or statute of repose. Contractor's liability for indemnification hereunder is in - addition to any. liability Contractor may have to City for a breach by Contractor of any - of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's • indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party shall not be employed in the interpretation of this Agreement.
•
ili. Notwithstanding the foregoing, and only to the extent that the Work performed by Contractor is subject to California 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.

28. IERMINATION
i. The performance of work under the Contract Documents may be terminated in whole, termination is in the best interest of the City. provided that the Contractor is given (1) Not less than ten (10) calendar days' written notice (delivered by certified mail, return - receipt requested) of intent to terminate; (2) the extent to which performance of work under the Contract Documents is terminated: (3) the date upon which such termination becomes effective; and (4) An opportunity for consultation. with the terminating party prior to termination.

This Contract may be terminated, or the right of the Contractor to complete the Project may be terminated, without liability or damage, when in the City's opinion, the Contractor is not complying with the Contract requirements in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City's consent. In the event of such termination, the Contractor will be paid the actual amount due based upon the quantity of work completed at the time of termination, less damages caused to the City by acts of the Contractor causing the termination. The Contractor, in having tendered a bid, shall be deemed to have waived any and all claims for damages because of termination of the Contract or the right of the Contractor to complete the Project for any cause stated in this Section 28:
ili. If termination is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred in accordance with Section 8 of the California, Department of Transportation Standard Specifications.
iv. After receipt of a Notice of Termination, and except as otherwise directed by the Board of Directors, the Contractor shall:

1. Stop Work under the Contract Documents on the date and to the extent specified in the Notice of Termination;

2. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the Work under the Contract Documents as is not terminated;

3. Terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination;

4. Assign to the City, all of the right, title and interests of the Contractor under the orders and subcontracts so terminated, in which case the City shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts;

5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, subject to the approval of the Board of Directors;

6. Complete performance of such part of the Work as shall not have been terminated • by the Notice of Termination;

7. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process;

8. Take such action as may be necessary, or as the Project Manager may direct, for the protection and preservation of the property related to the Contract Documents which is in the possession of the Contractor and in which the City has, or may acquire, interest.
v. After receipt of a Notice of Termination, the Contractor shall submit to the Project Manager a verified termination claim. Such claim shall be submitted promptly but in no event later than six (6) months from the effective date of termination, unless one or more extensions in writing are granted by the Board of Directors upon request of the Contractor made in writing within such one-year period or authorized extension thereof. vi. If any dispute concerning a question of fact arising under the terms of this Contract is not disposed of within a reasonable period of time by Contractor and Project Manager, such matter shall be brought to the attention of the City: If agreement cannot be reached through this application, either party may assert its other rights and remedies within this Contract or within a court of competent jurisdiction. The Parties agree that, in the event of a dispute notwithstanding, they will continue without delay to carry out all their responsibilities under this Contract. The Contractor and the Board of Directors may agree upon the. whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this Article, which amount or amounts may include a reasonable allowance for profit on work done; provided, that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The Contract Documents shall be amended accordingly, and the Contractor shall be paid the agreed amount.

29. PATENT INFRINGEMENT
i. The Contractor shall report to the Project Manager, promptly and in reasonable detail, each notice or claim of patent infringement based on the performance of the Contract Documents of which the Contractor has knowledge.
ii. In the event of any suit against the City, or any claim against the City made before suit has been instituted, on account of any alleged patent infringement arising out of the performance of the obligations. under the Contract Documents, or out of the use of any supplies furnished or work or services performed hereunder, the Contractor shall, at Contractor's own expense, furnish to the City, upon request, all evidence and information in possession of the Contractor pertaining to. such suit or claim. The Contractor further agrees to indemnify and hold harmless the City against any and all claims or lawsuits based upon such patent infringement, to defend such suits, and to pay any judgment rendered against City, its employees, or the Board of Directors. 30, NO WAIVER BY CITY
The failure of the City in any one or more instances to insist upon strict performance of any of the terms of the Contract Documents or to exercise any option herein conferred, shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion.

31. DISPUTES
i. In the event of a dispute between the parties as to performance of the work, the interpretation of the Contract Documents, or payment or nonpayment for work performed, the parties shall attempt to resolve the dispute. Pending resolution of the dispute, the Contractor shall continue the work diligently to completion as directed by • Project Manager. If the dispute is not resolved, the Contractor agrees Contractor will neither rescind the Contract Documents nor stop the progress of the work. il. Except as otherwise provided herein, the City and the Contractor shall comply with the provisions of California Public Contracts Code Section 20104 et seq., re resolution of construction claims for any claims which arise between the Contractor and the City.

32. ATTORNEYS' FEES
If any action at law or in equity is necessary to enforce or interpret the terms of the Contract Documents, each party shall be responsible for their respective costs, including attorneys' fees.

The prevailing party shall not be entitled to recover its attorneys' fees or related costs.

Nevertheless, if any action is brought against the Contractor or any Subcontractor to enforce a Stop Notice or Notice to Withhold, which named the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whèther court action is involved or not:

33. CONTRACTOR'S EMPLOYEES COMPENSATION
i. General Prevailing Rate: City has been advised by the State of California Director of Industrial Relations of the Director's of the general prevailing rate of per diem wages and the general prevailing. rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. il. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Two Hundred Dollars ($200:00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of,the California Labor Code for the work provided for in this Contract, all in 'accordance with Section 1775 of the Labor Code of the State of California. ili. Apprentices: Sections 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and. the contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars [$30,000.00] or more or twenty (20) working days, or more; or if contracts of specialty contractors not bidding for work through the general or prime contractor are Two Thousand Dollars [$2,000.00] or more or Five (5) working days or more. iv. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Section 14.2 above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any Subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said. Article.

Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project.
v. Record of Wages; Inspection: The Contractor and each subcontractor performing any portion of the work under the Contract Documents shall keep an accurate record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor in connection with the work. Said payroll records shall be certified and shall be available for inspection at the principal office of the Contractor on the basis set forth in California Labor Code Section 1776. The Contractor shall file a certified copy of said payroll records with the City within ten days after receipt of a written request therefor from Project Manager or otherwise from the City. The Contractor shall inform the City of the location of said payroll records, including the street address, city and state, and shall, within five working days, provide a notice of change of location and address of said payroll records. It shall be the responsibility of the Contractor to ensure the compliance with the provisions of this Article and the provisions of California Labor Code Section 1776. In the event of noncompliance with the requirements of this Article or the requirements of California Labor Code Section 1776, the Contractor shall have ten days in which to comply subsequent to receipt of written notice specifying in what respects Contractor: must comply. Should noncompliance exist after said ten-day period, the Contractor shall, as a penalty to the City, forfeit Twenty-five Dollars ($25) for each calendar day, or portion thereof, for each worker to whom the noncompliance pertains until strict compliance is effectuated. The Contractor acknowledges that, without limitation as to other remedies of enforcement available to the City, upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the California Department of Industrial Relations, such penalties shall be withheld from progress payments then due the Contractor.

34. SAFETY & HEALTH
i. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all precautions and follow all procedures for the safety of, and shall provide all protection to prevent injury to, all persons involved in any way in the Work and all other persons, including, without limitation, the employees, agents, guests, visitors, invitees and licensees of City who may be involved. These precautions shall include, but in no event, be limited to the:

1. Provisions of Local, State and Federal Regulations.

2. Posting of danger signs and personal notification to all affected persons of the existence of a hazard, of whatever nature.

3. Furnishing and maintaining of necessary traffic control barricades and flagman services.

4. Use or storage of required explosives or other hazardous materials only under the supervision of qualified personnel.

5. Maintenance of adequate quantities of operable fire protection equipment at the Work Site, as required by Local and /or State regulations. ii. The Contractor shall set forth in writing its site- specific safety precautions and programs in connection with the Work, including an Anti-Substance Abuse Program which meets or exceeds any and all applicable laws, ordinances, rules, regulations, and orders of any public, quasi-public, or other authority relating to the safety of persons and their protection against injury, specifically including, but in no event limited to the: --

1. California Occupational Safety and Health Act of 1973, as amended, and rules and regulations now. or hereafter in effect pursuant to said Act.

2. California Code of Regulations, Title 8, as amended.

3. The Labor Code of the State of California, as amended.

4. Federal Occupational Safety and Health Act of 1970, as amended, and all rules and regulations now or hereafter in effect pursuant to said Act.

5. Code of Federal Regulations, Title 29, as amended

6. The Drug-Free Workplace Act of 1988. In the event of conflicting requirements, the more stringent shall govern and if requested by City, submit the same to City for review. City may, but shall not be obligated to, make suggestions and recommendations to the Contractor. City shall review and approve the Contractor's Site Specific Program.
ili. All work, whether performed by the Contractor or its Subcontractors, of all tiers or anyone directly or indirectly employed by any of them, and all equipment, machinery, materials, tools and like items incorporated or used in the Work, shall be compliance with and conform to:

1. All applicable laws, ordinances, rules, regulations, and orders of any public, quasi- public, or other authority relating to the safety of persons and their protection against injury, specifically including, but in no event limited to, the Federal Occupational Safety and Health Act of 1970, as amended, and all rules and regulations now or hereafter in effect pursuant to said Act, ard California Code of Regulations, Title 8, as amended; and

2. All codes, rules, regulations and requirements of City and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern.
iv. The Contractor shall designate a responsible and qualified member of its organization at the Work Site who has the authority to enforce the Contractor's Safety and Anti- Substance Abuse Programs, to assure compliance with said programs and to prevent accidents.
v. The Contractor shall have a safety representative. The Contractor's safety representative will have:

1. The authority to stop work when safety problems are identified

2. The authority to implement corrective actions.

3. Extensive training in safety and loss control practices regarding the Contractor's type of work.

4. Certification in the OSHA Construction Outreach 10/30 Hour Program.

5. Certification in first-aid and CPR.
vi. The Contractor shall require its Subcontractors of all tiers to designate a competent and responsible safety representative to assist the Contractor's representative in the performance of his or her duties.

Contract Documents, City or Project Manager shall have the right, but not the obligation, to suspend Work in the unsafe area. All costs of any nature resulting from the suspension, by whomsoever incurred, shall be paid by the Contractor. vili. After a Contractor has been awarded the construction contract for the Project, they will be required to attend a pre-construction safety meeting. The purpose of the meeting is to review the Project's Safety Program and requirements: At this time, specific safety concerns related to the Contractor's work will be discussed. ix. If deemed necessary by the Project Manager or Project Safety Coordinator, or other City representative, a written Job Safety Analysis (JSA) will be required of the 'Contractor. The JSA will be required for frequency and severity exposures such as steel erection, deep excavations, spray painting, crane handling of large/expensive equipment, etc. This is to ensure that appropriate controls are established prior to work beginning.
x. Workplace violence (Type III), verbal intimidation or threats to the Project Manager, City or designee will result in immediate removal from the Project. Contractor shall develop and implement a workplace violence policy and procedure. xi. The Contractor shall provide, or cause to be provided, each worker on the Site the proper safety equipment for the duties being performed by that worker and will not permit any worker on the Site who fails or refuses to use the same. City and/or Project Manager shall have the right, but not the obligation, to order the Contractor to send a worker off the Site for the day or to require the contractor to not allow the worker any further work on City's site for his or her failure to comply with safety practices, with which order the Contractor shall promptly comply.
xii. The Contractor shall defend, indemnify, and hold the Project Manager, City, and their respective officers, directors, agents, employees, attorneys and assigns harmless from and against any and all liability, public or private, penalties, contractual or otherwise, losses, damages, costs, attorneys' fees, expenses, causes of action, claims or judgments resulting either in whole or in part from any failure of the Contractor, or its Subcontractors, of all tiers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, to comply with provisions of the Contract Documents, including but not limited to all applicable laws, ordinances, rules, regulations, and orders of any public, quasi-public, or other authority relating to the safety of persons and their protection against injury, specifically including, but in no event limited to, the Federal Occupational Safety and Health Act of 1970, as amended, and all rules and regulations now or hereafter in effect pursuant to said Act. The Contractor shall not be relieved of its responsibilities under this Subsection L should City act or fail to act pursuant to its rights hereunder, nor shall City thereby assume, nor be deemed to have assumed, any responsibilities otherwise imposed on the Contractor by this Contract, by virtue of providing City's Safety Policies & Procedures, or any other manner whatsoever.
xili. The Contractor shall not raise a defense as to its obligation to indemnify under Subsection L above'any contributing negligence of any of those indemnified hereunder, it's being understood and agreed that no such contributing negligence shall relieve the Contractor from its liability to so indemnify nor entitle the Contractor to any contribution, either directly or indirectly, by those indemnified hereunder. xiv. In any and all claims against those indemnified hereunder by any employee of the Contractor or its Subcontractors of all tiers, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Section 34 shall not be limited in any way to any limit on the amount or type of damage, compensation or benefits payable by or for the Contractor or its Subcontractors of any tiers under any Worker's Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts.
xv. In connection with the performance of this contract, City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. Contractor agrees that City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite. Contractor acknowledges that provisions of Section 6400 of the California Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event City identifies the , existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite, City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this Section. City may also, at its sole authority and discretion, issue an immediate stop work order to Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by City to Contractor in accordance with the provisions of this Section, shall not give rise to any claim or cause of action for delay damages by Contractor or Contractor's agents or subcontractors against City.

35. NON-DISCRIMINATION
i. Contractor covenants that, by and for itself, its successors, and assigns, including its Subcontractors and suppliers, that there shall be no discrimination against or segregation of, any person. or group of persons based on actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law in the performance of this Contract.

Contractor shall take steps to ensure that applicants for any job and that employees are treated without regard to their race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.
ii. Contractor shall not engage in, nor permit its agents, including its Subcontractors and suppliers, to engage in discrimination in employment of persons or provision of services or supplies, based on actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.
ili. Contractor, and Contractor's Subcontractors and suppliers, shall employ fair employment practices with regard to all employees and all applicants for employment and shall act in accordance with all applicable federal; state, and local laws and regulations relating to such fair employment practices. In furtherance of such obligation, Contractor agrees that Contractor, Subcontractors, and suppliers shall not discriminate in employment and/or provision of services under this Contract and all employment practices shall be without regard to a person's actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law. Fair employment practices shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other form of compensation and selection for training including apprenticeship.
iv. In the performance of the terms of the Contract Documents, Contractor agrees that Contractor will not engage in nor permit such subcontractors as Contractor may employ to engage in discrimination against any employee or applicant for employment based on actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law. This prohibition shall pertain to employment, upgrading, demotion, or transfer, recruitment advertising, layoff or termination, rates of pay and other forms of compensation, selection for training, including apprenticeship, and any other action or inaction pertaining to employment matters.

36. ASSIGNMENT OF ANTITRUST ACTIONS
, in accordance with California Public Contract Code Section 7103.5, by entering into the Contract Documents or into a subcontract to supply goods, services, or materials pursuant to the Contract Documents, the Contractor, or subcontractor, offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract Documents or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. The contractor shall cause to be inserted in any such subcontract stipulations to effectuate this Article and the provision of California Public Contract Code Section 7103.5.

37. SUBSTITUTED SECURITY
in accordance with Section 22300 of the California Public Contract Code, the City will, at the request and expense of the Contractor, accept securities equivalent to any amount withheld by the • City to ensure performance under the Contract Documents. Such substituted security must meet the requirements of said Section 22300 and will be subject to a written escrow agreement among City, Contractor, and escrow agent, which Agreement shall be in the form set forth in California Public Contract Code, Section 22300.

38. TIME OF COMMENCEMENT; TIME IS OF THE ESSENCE
i. Commencement: Contractor agrees to commence the Project within 10 calendar days from the date the Notice to Proceed and Contractor shall diligently prosecute the work to Final Completion no later than the Scheduled Completion Date, excluding modifications for delays caused or authorized by the City as set forth in Section 17, Extra Work and Changes.
il. Construction Schedule: Within 30 days of the Award of the Contract, Contractor shall furnish to the Project Manager one reproducible, three prints, and an electronic or digital copy in a format approved by the Project Manager of the Contractor's Construction Schedule. Upon submission by Contractor, and approval by the Project Manager, the Contractor's Construction Schedule shall be become part of the Contract Documents and shall be deemed the baseline schedule. The Contractor's Construction Schedule shall identify and specify scheduling for the Work based on the critical path method (or other scheduling method acceptable to the Project Manager) and updating thereof, and shall provide other schedules that would further the efficient completion of the Project, including the Work and the Related Work in the most expeditious and economical manner. The Contractor's Construction Schedule shall depict in detail the sequence and timing of all activities of the Work and Related Work, including, without limitation, commencement and Completion Dates of milestones and for all other significant portions of the Work and Related Work. The Contractor's Construction Schedule shall be updated at least monthly, except that the Scheduled Completion Date shall not be changed or modified unless otherwise approved by the Project Manager pursuant to the terms of the Contract Documents. ili. Progress Reports: Concurrently with its submission of Applications for Partial Payment, Contractor shall provide the Project Manager with a report (1) detailing the actual progress of the Work and Related Work as of the date of such report; (2) stating any discrepancies between the actual progress of the Work and Related Work; (3) identifying the progress anticipated by the Contractor's Construction Schedule as of the date of such reports; and (4) if required or requested by the Project Manager, a recovery schedule to place the Work and Related Work back on schedule, at cost to the City. The Contractor's Construction Schedule shall include milestones for each aspect of the Work and the timing for completion of Related Work that could affect completion of the Work by the date listed in the Contractor's Construction Schedule. iv. TIME IS THE ESSENCE OF THIS CONTRACT: NOTWITHSTANDING CITY'S

APPROVAL OF ANY UPDATED CONTRACTOR'S CONSTRUCTION SCHEDULE,

THE SCHEDULED COMPLETION DATE SHALL BE STRICTLY ADHERED TO DURING THE TERM OF THIS CONTRACT. THE SCHEDULED COMPLETION DATE MAY ONLY BE CHANGED AS PROVIDED IN THE CONTRACT DOCUMENTS. v. Ongoing Responsibility of Contractor: As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, submittals, details, and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with the Contract Documents and Contractor's Construction Schedule. Contractor shall coordinate the Work with the Related Work through the Project Manager, in a manner that will facilitate the efficient completion of the Project in accordance with the Contract Documents.
vi. Control of the Site and Order of Work: Contractor shall have control of the Site and shall have the right to decide the time or order in which the various portions of the work shall be constructed or installed consistent with the Contractor's Construction Schedule and shall establish the priority of the work of Subcontractors of the Work and the Related Work, and, in general, all matters representing the timely and orderly completion of the Project.
vii. Cooperation: Notwithstanding the Scheduled Completion Date, Contractor will cooperate with the City and the City's separate contractors, consultants, and employees and Contractor agrees to provide for and coordinate access to the Project prior to the Scheduled Completion Date.
vill. IT IS SPECIFICALLY AGREED THAT CONTRACTOR ASSUMES THE RISK OF

NONPERFORMANCE, LATE PERFORMANCE, AND NONCOMPLIANCE WITH THE

REQUIRMENTS OF THE CONTRACT DOCUMENTS BY CONTRACTOR,
CONTRASTOR'S SUBCONTRACTORS, SUPPLIERS, AND , AGENTS.

CONTRACTOR SHALL NOT BE ENTITLED TO AN EXTENSION OF THE

SCHEDULED COMPLETION DATE FOR THE ABOVE STATED REASONS FOR ANY

OTHER REASON, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE CONTRACT DOCUMENTS.
ix. Notification of Inability to Comply: If the Contractor, at any time, ascertains that for any reason it is unable to complete the phases of the Work by the milestones, or complete the Project by the Scheduled Completion Date, Contractor shall promptly and without delay notify the Project Manager in writing of this fact. x. Liquidated Damages: The Parties acknowledge and agree that if Contractor fails to achieve Final Completion of the Project by the Scheduled Completion Date as such date may be extended in accordance with the Contract Documents, City will suffer, as, a result of Contractor's failure, substantial damages which are both extremely difficult and impracticable to ascertain. Therefore the Parties having reasonably endeavored, but failed, to ascertain an amount bearing a reasonable relationship to the actual damage that City will incur if Contractor fails to achieve Final Completion of the Project by the Scheduled Completion Date as such date may be extended in accordance with the Contract Documents, agree that in addition to all other damages to which City may be entitled, Contractor agrees to pay to City as liquidated damages, and not as a penalty but as a reasonable estimate of the amount of damages City will suffer, the amount of one-thousand five-hundred Dollars ($1,500.00) per day for each calendar day occurring after the Scheduled Completion Date that Contractor fails to achieve Final Completion.
xi. Additional Remedies: The Parties also acknowledge and agree that City is entitled to any and all legal and equitable remedies City may have where City's damages are caused by any other reason than Contractor's failure to achieve Final Completion by the Scheduled Completion Date.

39. AUDIT AND ACCESS TO RECORDS
i. Contractor shall maințain all books, records, documents, and other evidence directly pertinent to the performance of the Work under the Contract Documents in accordance with generally accepted accounting principles and practices consistently applied.

Contractor shall also maintain all financial information and data used by the Contractor's original bid required for this Contract, or any Change Order, claim, or other request for any adjustment, and a copy of the cost summary or information submitted to the City. The Project Manager or the City Manager shall have access upon twenty-four hours advanced written notice, at all times during normal business hours, to all such books, records, documents, financial information, and all other evidence for the purpose of inspection, audit, and copying. The Contractor shall, at no cost to the City, provide proper facilities for such access, inspection, and copying purposes. • The Parties agree that the provisions of this Section 39 are applicable to Contract Documents and all Change Orders, claims, and any other request for adjustment. affecting the time or price of this Contract. The Contractor agrees to include the provisions of this Section in all Subcontracts and purchase orders, at any tier, and make this Section applicable to all Change Orders, claims, and other requests for adjustment related to Project performance by Contractor's Subcontractors and suppliers.
ili. Audits conducted under this Section shall be in accordance with generally accepted auditing standards and established procedures and guidelines. iv. The Contractor agrees to the disclosure of all information and reports resulting from access to records under the provisions of this Section to the City, the City Manager, the Project Manager, and any affected or interested state or local agency. v.. Records under the provisions of this Section shall be maintained and made available during the performance of the Work under this Contract until three years past final payment and until final settlement of all disputes, claims, or litigation, whichever occurs later. In addition, those records which relate to any portion of this Contract to any Change Order, dispute, litigation, settlement of any claim arising out of such performance, or to the cost of items to which an audit exception has been taken, shall be maintained and made available until final payment or final resolution of such dispute, litigation, claim, or exception, whichever occurs later. vi. These rights to access provisions as provided in this. Section apply to all financial records pertaining to this Contract and all Change Orders and claims. In addition, this right to access applies to all records pertaining to all contracts, Change Orders, and any amendments to the Contract: (1) To the extent the records pertain directly to Contract performance; (2) If there is any indication that fraud, gross abuse; or corrupt practices may be involved; or (3) If the Contract is terminated for default or convenience.
vii. Access to records is not limited to the required retention 'periods. The City Manager shall have access to records at any reasonable time for as long as the records are maintained.

40. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
i. No member, officer, member of the City Board of Directors, or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Contract. ii. Pursuant to the provisions of the City's conflict of interest code, the Political Reform Act as set forth in California Government Code Section 81000 et seq., and/or the prohibition against self-dealing in contracts as set forth in. Government Code Section 1090 et. seq., the Parties acknowledge that no officer or employee of the City, or any member of the City Board, shall have any personal interest, direct or indirect, in this Contract or any Subcontract under the Contract, nor shall any such officer, employee, or member of the City Board participate in any decision relating to the Contract which effects his or her personal interest or the interest of any corporation, partnership, or association in which he or she is, directly or indirectly, interested. In the furtherance of such acknowledgement, Contractor:

Agrees that no officer, employee, member of the City Board of Directors, agent, or . assignee of the City having direct or indirect contro! of any monies allocated by City to finance this Project; shall serve as an officer, director, employee, or agent of Contractor, or as an officer, director, employee, or agent of any Subcontractor of supplier of Contractor under this Contract.
in addition, any conflict or potential conflict of interest of any officer, director, employee, or agent of Contractor or any Subcontractor or supplier of Contractor has been fully disclosed to the City prior to execution of this Contract and such disclosure shall be deemed a part of this Contract.
ili. Contractor shall not expend any funds for the purpose of influencing or attempting to influence an officer, member, employee, or member of the City Board in the connection with the awarding and the administration of this Contract or any subcontract in furtherance of the Project.

41. ENTIRE AGREEMENT
It is agreed that the Contract represents the entire agreement between the Parties. It is further agreed that the Contract Documents are incorporated in the Contract by reference, with the same force and effect as if the same were set forth at length within the Contract, and that Contractor and Contractor's officers, employees, agents, trades, material suppliers, and Subcontractors will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by the Contract.

42. WRITTEN NOTICE
Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows:

City of Farmersville Attention: WITH COPY TO:

City Manager Michael L. Farley, City Attorney
909 W Visalia Road FARLEY LAW FIRM
Farmersville CA 93223 108 West Center Avenue
•
Visalia, California 93291
559-738-5975
559-732-2305 - Fax
To Contractor: Zumwalt Construction
Attn: Kurt Zumwalt
5520 E. Lamona Avenue
Fresno, CA 93727
559-252-1000

43. MISCELLANEOUS PROVISIONS
i. Assignment: Contractor shall neither delegate its duties or obligations, nor assign its rights with respect, except as provided above, to the Contract, either in whole or in part. Any such attempted delegation and/or assignment shall be void and deemed void at such occurrence, if it were to occur.
ii. Computation of Time: When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of the period, provided, however, that if the last day of the period falls on a Saturday, Sunday, or legal holiday, that day shall be omitted from the computation. ili. Interest: Any monies not paid when due to either party under this Contract shall bear interest at the rate of ten (10%) percent per annum, commencing on the forty-sixth (46"h) day after demand for payment thereof after such monies are lawfully due and payable, except as otherwise provided in the Contract Documents. iv. Remedies Cumulative: No remedy herein reserved to City is intended to be exclusive • of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other given in the Contract Documents as now or hereafter existing or at law, equity, or by statute.

V. Nonwaiver: The failure of the City to notify the Contractor of any default under the Contract Documents shall not be deemed to be a waiver by City of any continuing default by Contractor of any term, covenant, or condition set forth in this Contract, nor of the City's right to declare a default for any such continuing breach, and the failure of City to insist upon strict performance of any of the terms, covenants, or conditions of the Contract Documents, or to exercise any option in the Contract Documents in any one or more instances, shall not be construed as a waiver or relinquishment of any such terms, covenants, conditions or options, but the same shall be and remain in full force and effect.
vi. Severability: In case any one or more provisions set forth in the Contract Documents shall for any reason be held invalid, illegal, or unenforceable in any respect, any such invalidity, illegality, or unenforceability shall not affect any other provision of the Contract Documents, and the Contract Documents and the Contract shall be construed as it such invalid, illegal, or unenforceable provision had never been incorporated therein so long as the deletion of such provision does not, in the City's judgment. materially alter the Contract.
vi. No Thed Parts al not be deme on tact ed to inter a roar are ord privileges on any person, firm, partnership, corporation, or other entity not a party to the Contract except as may be expressly provided in the Contract to the contrary. vili. Oral Agreements: No oral order, objection, claim, or notice by any party to the other shall affect or modify any of the terms or obligations contained in the Contract or the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification in writing and executed in the manner requirec in the Contract Documents by authorized officers or representatives of the Parties.

No evidence shall be introduced in any proceeding of any other waiver or modification.
ix. Counterparts: The Contract may be executed in any number of counterparts, and each of such counterparts for all purposes shall be deemed to be an original, and all of such counterparts should constitute one and the same agreement. x. Governing Law: The Contract, including the Contract Documents, shall be governed by the laws of the State of California:
)
Xi. Services Prior to Execution: Notwithstanding the fact that the Contract is executed as of the date first set forth in the Contract, the Parties recognize that a portion of the Work required. under the Contract Documents may have been performed prior to such date, all of which Work shall be governed by the terms and conditions of the Contract Documents and shall be deemed to be a part of the Work. xii. Survival of Rights: Any indemnity, warranty, guarantee given by the Contractor to the City under the Contract shall survive the expiration or termination of the Contract and shall be binding upon Contractor until any action under the Contract is barred by the applicable statute of limitations.
xili. Notice: All notices (whether or not designated as such herein) which are required under the Contract to be given between the parties pursuant to this Section shall be in writing and deemed given and, unless otherwise provided herein, effective when delivered personally to an officer of the party to be served (including the Contractor's Project Manager, in the case of the Contractor), when deposited in the United States mail, or in a sealed envelope, with postage thereon prepaid, sent by registered or certified mail, return receipt requested, and addressed to the appropriate party at the address set forth in the Contract or such other address as may be designated by either party hereto by notice to the other, or when transmitted by wire or facsimile to the appropriate party at the aforesaid address (a complimentary confirming letter shall also be mailed to the appropriate party on the same date).
xiv. Maintenance of Harmonious Relations: The Contractor is hereby advised that any portion of the Project, or other projects in proximity to the Project may be subject to, and governed by, certain union or trade agreements. It is the policy of City to promote and maintain harmonious relationships in connection with the Project. The Contractor and its Subcontractors and Sub-subcontractors shall follow this policy; and shall utilize only qualified persons or organizations in the performance of the Work. A qualified person or organization is one: which is not likely to promote labor unrest on the Project; which shall abide by all local, state and federal labor and employment relation rules, regulations and laws; whose financial stability is reasonably assured throughout the duration of the Contract; and whose commitments to other projects are not likely to interfere with its ability to perform its portion of the Work efficiently and cost effectively.

City reserves the right to disapprove, or to require the removal of, any person or organization who is being considered for, or has received, an award to perform all or a portion of the Work but has failed to demonstrate the willingness or ability to follow this policy.

XV. Union Agreements: Regardless of the expiration of any collective bargaining agreement during the term of the Contract which may affect the Contractor in any of its activities including, without limitation, with respect to the Work or the Project; the Contractor is obligated to man the job and properly and timely perform the Work in a - diligent manner. Upon notification of expected or actual labor disputes or job disruption arising out of any such collective bargaining negotiations, the expiration of any union or trade agreement or any other cause, the Contractor and its Subcontractors and Sub- subcontractors shall cooperate with City concerning any legal, practical or contractual actions to be taken by City in response thereto and shall perform any actions requested by City to eliminate, neutralize or mitigate the effects of such actions on the progress of the Work and the impact of such actions on the public access to City's facilities. It is the Contractor's obligation, at the Contractor's own cost and expense, to take all steps available to prevent any persons performing the Work from engaging in any disruptive activities such as strikes, picketing, slowdowns, job actions or work stoppages of any nature or ceasing to work due to picketing or other such activities, which steps shall include, without limitation, execution of an appropriate project agreement with appropriate unions prohibiting all such activities on or about the Project.

Notwithstanding any such occurrences, the Contractor shall not be relieved of its obligation to man the job and properly and timely perform the Work in a diligent manner.
xvi. Immigration Reform Control Act: All Contractors, Subcontractors, and Sub- subcontractors must adhere to the Immigration Reform Control Act of 1986 and shall maintain 1-9 forms regarding all employees. It is not City's obligation to insure compliance with this law, however, City reserves the right to inspect and copy the Contractor's records in this regard upon request.
xvii. General: The captions of divisions, sections, articles, sections, subsections, clauses and the like in the Contract Documents are for convenience only and shall in no way • define the content or limit the meaning or construction of the wording of the divisions, sections, articles, sections, subsections, clauses and the like. The parties agree that the Contract Documents shall not be construed more strictly against any party regardless of the identity of their drafter.
xvili. Unless otherwise specified, article, sections and subsections, references appearing in these General Conditions are to articles, sections and subsections herein.

44. EMERGENCIES
i. In any emergency affecting the safety of persons or property, or in the event of a claimed violation of any Federal or State safety or health law or regulation, arising out of or in any way connected with the Work or its performance, the Contractor shall act immediately to prevent threatened damage, injury or loss or to remedy said violation, whichever is applicable, failing which City may immediately take whatever action it deems necessary including, but not limited to, suspending the Work. ii. The project will have written and posted emergency procedures. The procedures are required to be review by the Contractor and all Subcontractors and their employees during the orientation process. Periodically, they will be reviewed in the weekly Subcontractor meetings and in Contractor's sit tool box meetings.

The emergency procedures should include procedures for inclement weather Tong on procedures (lightening, high winds, extreme heat, etc.) fire, chemical spill or releases, and severe accidents.
iv. The procedures should include designated persons assigned to emergency functions such as providing first-aid,, calling authorities, directing emergency personnel, or assuring the project is evacuated.
v. After-hour emergency numbers shall be made available. • 45. CLEANUP
i. The Contractor shall at all times keep the Site clean and free from accumulation of waste materials or rubbish (including, without limitation, hazardous waste), caused by his performance of the Work, and shall continuously throughout performance of the Work remove and dispose of all such materials from the Site and the Project. ii. Project Manager may require the Contractor to comply with such standards, means and methods of cleanup, removal or disposal as Project Manager may make known to the Contractor. In event the Contractor fails to keep the Site clean and free from such waste or rubbish, or to comply with such standards, means and methods, City may take such action and offset any and all costs or expenses of whatever nature paid or incurred by City in undertaking such action against any sums then or thereafter due to the Contractor.
ili. The Contractor shall notify City in advance of the generation, importation, storage, transportation or disposal, of any hazardous waste, toxic materials or contaminants of any type in connection with the Project. Contractor shall provide Project Manager with Material Safety Data Sheets (MSDS's) and the Uniform Hazardous Waste documents.

The Contractor will develop and implement a written and effective Spill Control and Containment Plan.

46. TRENCHES AND EXCAVATIONS
i. The Contractor shall promptly, and before any of the following conditions are disturbed, notify the Project Manager, in writing, of any:

1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the California Health and Safety Code, that is required to be removed to a Class 1, Class II, or Class Ill disposal site in accordance with the provisions of existing law.

2. Subsurface of latent physical conditions at the Site differing from those indicated.

3. Unknown physical conditions at the Site of unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract and Contract Documents. ii. The Project Manager shall promptly investigate the conditions, and if the Project Manager finds that the conditions materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order, subject to the provisions of the Contract Documents.
ili. In the event that a dispute arises between the Project Manager and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for in the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by the Contract or by law which pertain to the resolution of disputes and protests between parties.

47. UNCOVERING AND CORRECTION OF WORK; CITY'S RIGHT TO CARRY OUT WORK i. If any portion of the Work should be covered contrary to the instructions or request of Project Manager or the requirements of the Contract Documents, the Contractor shall, if required by Project Manager, uncover such portion of the Work for Project Manager's observation and shall replace such Work all at the Contractor's expense. ii. If any portion of the Work should be covered prior to a specific request for observation or instruction by Project Manager, Project Manager may request to see such Work, and it shall be uncovered by the Contractor. If such Work is found to be in accordance with the Contract Documents and without defect, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to City.

If such Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall bear such costs.
iii. Project Manager shall have the authority to reject any portion of the Work which is defective or does not conform to the Contract Documents, and the Contractor shall promptly correct all Work so rejected by Project Manager. In order that such corrective Work shall not interrupt or delay Contractor's Construction Schedule or the completion date of the Project, the Contractor shali perform such Work according to a schedule therefor established by Project Manager (which may provide that the same be performed on overtime, shiftwork, Saturdays, Sundays and/or holidays), utilizing in the performance thereof such manpower as is necessary to complete the corrective Work in accordance with said schedule. The Contractor shall bear all costs of correcting such rejected Work including, without limitation, compensation for any additional architectural and engineering services made necessary thereby. iv. If, within one (1) year after the Completion of the Work (as determined by City) or within such_longer period of time as may be prescribed by law or by the terms of any applicable warranty or guarantee required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of written instructions to that effect from City unless City has previously given the Contractor a written acceptance of such condition.
v. The Contractor shall remove from the Site all Work which is defective or non- conforming and not corrected under the provisions of these General Conditions unless removal is waived in writing by City.
vi. If the Contractor does not remove such uncorrected defective or non-conforming Work within a reasonable time fixed by written instructions to that effect from Project Manager, City may remove it and store the materials and equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten (10) days thereafter, City may, upon ten (10) additional days written notification to the Contractor, sell such materials and equipment at public or private sale and account to the Contractor for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for any additional architectural and engineering services and attorneys' fees made • necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be offset against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such difference, the Contractor shall, upon demand, pay the same to City. The obligations of the Contractor under this Subsection shall be in addition to, and not in limitation of, any obligations imposed on it by law, by any other provision of this Contract or by any warranty or guarantee under this Contract. vii. If the Contractor fails to correct any defective or non-conforming Work, City may correct it with its own forces or by contract with a third-party contractor. In the event of a defect found after final acceptance of the Work by City which the Contractor is obligated to correct pursuant to the Contract Documents, City may, at its option, after giving the Contractor an opportunity to correct such defect, cause such corrective Work to be performed by others and charge the Contractor with the cost thereof. Such charge shall be due and payable by the Contractor upon demand. vill. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of this Contract, and such default, neglect or non-performance shall continue for a period of 48 hours after written notification thereof from City (or if such default, neglect or non-performance cannot be reasonably remedied within such 48-hour period, and Contractor does not (in the sole determination of City) undertake in good faith the remedy of the same within said period and thereafter proceed diligently to completion), then City may, without prejudice to any other remedy City may have, make good such deficiencies; provided, however, that in the event of an emergency, as determined by City, 'no notification shall be required.

City shall have the right to take possession of such portion of the Site as will enable it to make good such deficiencies and, in connection therewith, to utilize the materials, equipment, tools, construction equipment and machinery of the Contractor located on the Site. If City makes good any such deficiencies, the costs of correcting the same including, without limitation, compensation for additional architectural and engineering services made necessary by such default, neglect or non-performance, shall be offset against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, then the Contractor shall, upon demand, pay the difference to City. ix. If City prefers to accept defective or non-conforming Work, it may do so instead of requiring its removal and correction, in which case an appropriate amount shall be offset against any amounts then or thereafter due to the Contractor; or, if the said appropriate amount of offset is determined after final payment (or if there is not then or thereafter due to the Contractor an amount sufficient to cover the offset available to City), the Contractor shall, upon demand, pay the appropriate amount (or the difference after offset, as applicable) to City.

END OF DOCUMENT

CONSTRUCTION PERFORMANCE BOND
(100% of Agreement Price)
Bidders must use this form, NOT a surety company form
KNOW ALL PERSONS BY THESE PRESENTS THAT:

WHEREAS, the City of Farmersville, hereinafter designated as the "City" has awarded to as the "Principal," a contract on or about for the project generally identified as the Fire Station No. 83 Design Build Project, and said contract is hereby made a part hereof; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we the Principal, and as the "Surety" are held and firmly bound unto the City in the penal sum of and 00/100 dollars ($ 00) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his/her/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 said contract and any alteration therefore made as therein provided on his/her/their part to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning, shall guaranty all work required under the said contract against faulty materials or poor workmanship during the construction period and for one year after the date of completion and acceptance of the work under said contract and shall indemnify and save harmless the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The Surety further agrees to pay reasonable attorneys', paralegals', engineers', consulting contractors and appraisers' fees of City in any proceeding by said City to enforce this bond Neither the City's acceptance of any work by, or on behalf of, Principal, nor the City or its agents' repair of any defects arising in the work, shall be deemed a waiver of any City's rights under this bond, where latent defects, whether resulting from defective materials or defective workmanship, are discovered after the City's issuance of its Notice of Completion. Principal and Surety shall remain jointly and severally liable for such defects for the period of time set forth in the Code of Civil Procedure section 337.15, or any successor statute thereto, as such statute may be amended from time to time.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals, the name and corporate seal of each respective corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

Date:

Principal
By:
(print name and company name)
Date:; :

Surety
By:
(print name and company name)
(Attach Notary Acknowledgment)
NOTE: This bond must be notarized and accompanied by notarized power of attorney. The principal amount of this bond shall not be less than 100% of the total contract price.

SURETY CONTACT INFORMATION:
-

CONSTRUCTION LABOR AND MATERIALS PAYMENT BOND
Contractor's Labor & Material Bond
(100% of Agreement Price)
Bidders must use this form, NOT a surety company form
KNOW ALL MEN BY THESE PRESENTS that:

WHEREAS, the City of Farmersville in the State of California hereinafter designated as the "City" has awarded to
hereinafter designated as the "Principal," a contract for the Fire Station No. 83 Design Build Project for the City; WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work contracted to be done, or for amounts due under the Unemployment Insurance Code of California, or for any work or labor done thereon of any kind, the Surety in this bond will pay the same to the extent hereinafter set forth:

NOW, THEREFORE, we the Principal, and
as Surety are held and firmly bound unto the City in the penal sum of and 00/1:00 - - - - -- dollars ($ .00 ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the Principal, his or its heirs, executors, administrators, successors, assigns or subcontractors fail to pay: (1) any of the persons named in California Civil Code section 9100, 8024 and 8038; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; (3) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the California Unemployment Insurance Code with respect to the work and labor; or (4) any amounts required to be deducted, withheld and paid over to the California Franchise Tax Board from the wages of employees of the contractor and subcontractor; then said Surety will pay for the same up to an amount not exceeding the amount set forth above. The Surety further agrees to pay to the City reasonable attorneys, paralegals, engineers, appraisers and other experts fees incurred by the City in any proceeding by the City to enforce this bond This bond shall require the payment in full of the valid claims of all claimants and shall inure to the benefit of any and all persons, companies and corporations authorized under Section 9100 of the California Civil Code to assert a claim against this payment bond so as to give a right of action to said persons, or said persons' assigns, to enforce the liability on this bond.

And the Surety, for value received, hereby stipulates and agrees that, no charge, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed thereunder, or any other changes, alterations, modifications, or other acts or conditions specified in Section 8152 of the California Civil Code, shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to do the work. -
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals, the name and corporate seal of each respective corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

Date:

Principal/Contractor
By:

Date:

Surety
By:.
(Attach Notary Acknowledgment)
SURETY CONTACT INFORMATION:

Approved as to Form:

City Attorney or Deputy (date)

GUARANTY BOND
TO: The City of Farmersville ("Owner"), for the Design-Build Services of the Fire Station 72 located in Friant, California.
, The undersigned guarantees all Design-Build Services performed on this Project and also guarantees all material and equipment incorporated therein.

Contractor hereby grants to Owner for a period of one year following the date of Final Acceptance of the Work completed, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, ail labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.

Neither final payment nor use nor occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship: Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance of the Work completed.

If within one year after the date of Final Acceptance of the Work completed, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be Defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, correct such Defective Work. Contractor shall remove any Defective Work rejected by Owner and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents.

Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be Defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.

All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents.

The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents.

In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor.

LEGAL NAME OF CONTRACTOR:

SIGNATURE OF CONTRACTOR:

PRINTED NAME: TITLE: _
CONȚRACTOR ADDRESS:

CITY: STATE: ZIPE CODE:

IF CONTRACTOR IS A CORPORATION, AFFIX CORPORATE SEAL AND COMPLETE THE FOLLOWING:

NAME OF CORPORATION:

DATE OF INCORPORATION:

PRESIDENT: _TREASURER:

SECRETARY: MANAGER:
:

SUBSCRIBED AND SWORN BEFORE ME BY
THIS DẠY OF 20 (Print Name):
(Signature of Notary Public) (Signature)
(Attach Jurat) TITLE _
(SEAL) (SEAL)

TECHNICAL SPECIFICATIONS
PERFORMANCE SPECIFICATIONS FOR FIRE STATION No. 83
Standard, Preferred and Excluded Materials and Systems

1. Design must comply with all City, County, State and Regulatory agencies. Architectural design must be approved by the City.

2. Three, double depth, drive through apparatus bays capable of storing the largest City ladder truck or two fire engines end to end with a clear walkway on both the front and back of the apparatus while parked in the apparatus bay with the doors of the building closed. The apparatus shall have the ability to load personnel and equipment while parked in the apparatus bay.

3. The City prefers a steel building construction type for potential cost savings.

4. Reinforced concrete drive surfaces and apparatus bay floor capable of supporting apparatus up to 75,000 GVR with a service life of 50 years.

5. Landscaping, irrigation, and landscape lighting (Owner furnished and Owner installed) The design should include as little as possible rear planting areas. • The design should account for and provide access to electrical power, water, and conduit sleeves into Christy boxes for landscaping, irrigation and landscape lighting provided by the - City.

6. Exterior LED Lighting

7. Roofs
Metal, minimum 20 year warranty
• No flat roof designs
• Water supply for HVAC maintenance if roof mounted
Gutters and downspouts on all roofs

8. HVAC System
• HVAC system with economizers
• Water supply for HVAC maintenance

9. Apparatus Bay Doors
• Front - High speed can door, Porvene or equivalent
• Rear - Can

10. Security gates and fencing
• Privacy type fencing
• Motorized rolling gate
• Miller edge, traffic loops and photo eye safety features • High/Low gate control entry keypad

11. Windows
• High performance, Low-E, sound attenuating
• No double hung, no crank opening
• Tinted to limit heat gain and light
•

12. Protect any ladder access to the roofs

13. Patio with cover/lattice
• Constructed of Alumawood or similar
• Half covered, half lattice

14. Outdoor Barbeque (Owner furnished and Owner installed) • No built in. ,
• Location wired, Propane gas line and lighted

15. Air compressor (Owner furnished and Owner installed) Ingersoll Rand or equivalent
• At least 140 PSI
• Auto condensation bleed off

16. Turnout storage systems (Owner furnished and Owner installed) • Ready-Rack wall-mounted wire cages 24"W x 20"D is standard • 30 individual turnout wire cages

17. Vehicle exhaust recovery system
• MagneGrip is standard

18. Station alerting system (Owner furnished and Owner installed) Radio and Internet based
• Outdoor speakers

19. Natural lighting in apparatus bay and kitchen if possible

20. PPE Extractor (Owner furnished and Owner installed) • B&C Technologies HE-65 Washer-Extractor is standard
•. Plumbing and electrical shall be included in the design and construction

21. PPE Dryer (Owner furnished and Owner installed) . ' • B&C FC-20 PPE Drying Cabinet is standard
Plumbing and electrical shall be included in the design and construction

22. Ice maker (Owner furnished and Owner installed)
• IceOmatic #CIM0530HA with #B-55PS bin is standard
• 23. Apparatus bay work area with workbench (Owner furnished and Owner installed) Cabinets, minimal maintenance, synthetic materials preferred Galvanized top
Peg board back

24. Exterior trash enclosure
Comply with City Standards

25. Hot Water (heater) System
• Tankless
• Natural Gas fueled

26. Window Covering
• No vertical blinds
If mini blinds, 2" inch

27. Flooring
Polished stained concrete
• No carpet

28. Cabinetry - Cabinets, minimal maintenance, synthetic materials preferred

29. Kitchen counter tops
Stainless steel with integral large double width sink (12" deep) • Counter with mariner's edge

30. Paint/finishes
Interior wall - egg shell or semi-gloss, washable

31. Interior lighting
• LED
• Motion sensors in common areas and hallways
• Standard Title 24 compliance system

32. Bathrooms
• No white tile or white grout
No shower curtains, shower doors preferred
: All bathrooms shall be unisex
:
33, Bedrooms
• Extra-Long twin beds (Owner furnished and Owner installed) • Two built-in lockers per bedroom
• Electrical outlet between beds
• Battalion Chief Office/Bedroom will include a murphy bed and built-in locker

34. Lobby/Public Reception Area
• Secure public space with controlled access to office or private areas • Easily deconned surfaces for in-station medical aids

35. Information Technology and Communications
• Cable tv, data and phone service through local provider (fiberoptic service required) Data stubbed up and boxed in accessible areas

36. Ladder training braces mounted on rear of the apparatus bay.

37. Emergency power generator
• Transfer switch (Contractor furnished and installed)
• Generator site sized to 100% of calculated load for the entire project site Propane fueled
• Generac is standard

38. Outdoor hose drying rack (Owner furnished and Owner installed) Approximately 55 feet long by 12 feet wide
Needs water supply for washing hose
Needs access to all four sides
• Needs water drainage

FARMERSVILLE FIRE DEPARTMENT
STATION 83

SHEET INDEX

TOTAL SHEETS S
FARMERSVILLE FIRE DEPARMENT - STATION 83 COVER 23-12700 CITY OF FARMERSVILLE ZUMWAL 06/0423
CONSTRUCTION.I

PARMERSVRLE CA
Integrity • Service • (raftsmanship CONMECTED 0

SECURED YARO

FRONT STREET

N SHASTA AVE N LINNELL AVE
FARMERSVILLE FIRE DEPARMENT - STATION 83 SITE PLAN ARCHITECTS 23-12700

ZUMWALT T
CITY OF FARMERSVILLE 72UMWALY *08/0423

FARMERSVILLE, CA
fairerity • Service • Craftsmanshin
FEET -
SQ. FT. TABULATION
autota
LEGEND
FARMERSVILLE FIRE DEPARMENT - STATION 83 FLOOR PLAN ARCHITECTS 23-12700

ZUMWAL T
CITY OF FARMERSVILLE CONSTRUCTION. IN
FARMERSVRLE. CA Imegrity • Sersice • Crafmanship
Me TA ROCk
@ tailwer •- Wife
EAST

THESE ROCKS

SOUTH (FRONT STREET)

TOTAL EFO
WEST
NORTH
FARMERSVILLE FIRE DEPARMENT - STATION 83 EXTERIOR ELEVATIONS

ZUMWALT

CITY OF FARMERSVILLE
Integrity • Service • Craftsmenship CONNECTED
-®
- -0
FARMERSVILLE FIRE DEPARMENT - STATION 83 ROOF PLAN 23-12700

ZUMWALT T

CITY OF FARMERSVILLE
totegrity • Sersice • Croftmanshir TETER CONNECTED 4

CITY OF

FARMERSVILE
City Council
Staff Report 8C
TO: Honorable Mayor and City Council
FROM: Kevin Gross, City Engineer
DATE: August 14, 2023
SUBJECT: Crosswalks on Farmersville Blvd. at Costner Street, and Ash Avenue at Hester Street
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Provide direction to staff regarding non-compliant crosswalks impacted by the 2023 Street Improvement Project.

BACKGROUND:

The City of Farmersville is currently under construction for the 2023 Street Improvement Project.

During the pavement rehabilitation process, all existing striping within the roadway is diminished, and new striping must be installed. Certain areas of crosswalk striping have been identified as non-compliant and re-installing could lead to safety concerns and litigation issues for the city and community.

DISCUSSION:

There are 2 distinct areas in which existing non-compliant crosswalks occur in the vicinity of the 2023 Street Improvement Project, as shown in the attached exhibit.

1. Farmersville Blvd & Costner Street is the first identified non-compliant crosswalk. The issues located at this site include non-ADA curb ramps, inadequate lighting and an unusual configuration with a 45-degree bend.

2. The second area is located on Ash Avenue and Hester Street. The deficiencies at this location include non-ADA curb ramps. It is important to note that on the north side of the crosswalk, existing power poles conflict with the ramp location and will need to be relocated in order to upgrade this area to compliance. Another option could be moving the crosswalk to the west side of the intersection.

The city engineer recommends that a warrant analysis be conducted at these 2 locations to determine if investing in crosswalk improvements is necessary.

COORDINATION & REVIEW:

Sets the needs ofthe City bir dicksond Engineering Departments to make sure that this project ALTERNATIVES:

The City Council may choose to direct staff to do the following approach:

1. Perform warrant analysis on these 2 crosswalk locations and provide engineering report.

2. Do not re-install crosswalks at these 2 locations due to non-compliance.

FISCAL IMPACT:

Thi dia sin does no are ery deer terent moment. The cost for a warrant analysis CONSLUSION:

That the City Council provide direction to staff for the processing of the non-compliant crosswalks explained in the staff report.

Attachments): Photos of crosswalks

ASH ST & HESTER AVE FARMERSVILLE BLVD & COSTNER ST

DRAVIN BT-NES CROSSWALK EXISTING CONDITION EXHIBIT QK/I GOE I.E

KNG PX CITY OF FARMERSVILLE

Farmersville City CouncilAugust 14, 2023

Farmersville City Council
August 14, 2023