Section_D_-_Sample_Contract.pdf

S E C T I O N D

SAMPLE CONTRACT

D-1

SECTION D

CONTRACT

FOR

[PROJECT NAME]

[CIP No.]

This agreement, made and concluded, in triplicate, this day of , 20 , between the City of Tustin, California, hereinafter called City, and hereinafter called Contractor.

ARTICLE I

Witnesseth, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the two bonds, bearing date with these presents and hereunto annexed, the Contractor agreed with City, at his own proper cost and expense, to do all the work and furnish all the materials necessary to construct and complete in good workmanlike and substantial manner and to the satisfaction of the City, in accordance with the plans and specifications, as may be amended from time to time as of the date of this Agreement, entitled:

[CIP No.] which said plans and specifications are hereby specifically referred to and by such references made a part hereof. Said plans and specifications are on file in the office of the City Engineer of the City of Tustin, California.

ARTICLE II

Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in the Agreement; and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions 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 and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them.

See Attachment A – Contractor bid and unit prices (from ProcureNow).

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ARTICLE III

City hereby promises and agrees with Contractor to employ and does hereby employ 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 above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV

It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE V

1. The CITY OF TUSTIN has obtained from the Director of Industrial Relations 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 maintains copies thereof in the office of the City Engineer.

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 Sections 1771 and 1774 of the State of California.

Prevailing Wages Notice Requirements

• No contractor or subcontractor shall be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

• No contractor or subcontractor shall be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5

• This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

(For federally funded Davis-Bacon projects, add the following)

This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the City Engineer, 300 Centennial Way, Tustin, CA 92780. Attention is directed to the Federal minimum wage rate requirements in the Special Provisions. If there is a difference between the minimum wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractor shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and

D-3 subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.

2. The Contractor shall, as a penalty to the CITY OF TUSTIN, forfeit Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by Contractor or any subcontractor of Contractor) less than the prevailing rate as prescribed in the preceding paragraph for the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California.

3. Section 1773.1 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract.

4. Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty (20) working days or more and under such circumstances, Contractor shall be fully responsible to ensure compliance with all the provisions of Labor Code §1777.5 for all apprentice-able occupations on the project. A Contractor or subcontractor who violates Section 1777.5 shall forfeit to the City of Tustin, as a civil penalty, the sum of One Hundred Dollars ($100.00) for each calendar day of noncompliance. Notwithstanding Section 1727 of the Labor Code, upon receipt of a determination that a civil penalty has been imposed, the City of Tustin shall withhold the amount of the civil penalty from contract progress payments then due or to become due. Any funds withheld by the City of Tustin pursuant to this section shall be deposited in the General Fund of the City of Tustin.

5. The Contractor shall not employ, or allow work to be performed by, a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code pertaining to debarment by the Labor Commissioner for violations of the Prevailing Wage Laws.

6. In performance of this contract, not more than eight (8) hours shall constitute a day's work.

The Contractor shall fully conform to Article 3, Chapter 1, Part 7, Division 2 (Sections 1810 et seq.) of the Labor Code of the State of California. Pursuant to the provisions of Section 1813 of the Labor Code of the State of California, the Contractor shall, as a penalty to the City of Tustin, forfeit twenty-five Dollars ($25.00) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California. 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 public work.

7. Contractor agrees to keep accurate payroll records 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 or worker employed by him in connection with the public work, and agrees to insist that each of his subcontractors do the same. Contractor further agrees that his payroll records and those of his subcontractors shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et seq., in general.

8. Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's 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.

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ARTICLE VI

In connection with the performance of this contract, the 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. The Contractor agrees that the 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.

The Contractor acknowledges the provisions of Section 6400 of the 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 the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section.

The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor’s agents or subcontractors against the City.

ARTICLE VII

The Contractor shall indemnify and save harmless the City of Tustin and all officers and employees thereof 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 including, but not limited to, workers and the public, or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed upon work or is caused by or happening in connection with the progress of said work, or on account of any passive or active negligent act or omission by the City of Tustin, its officers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive willful misconduct of the City of Tustin.

The defense and indemnification by Contractor shall include all costs and expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin, defend any litigation arising out of such claims at the sole cost and expense of Contractor.

In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesaid.

ARTICLE VIII

The Contractor shall take out and maintain during the life of the contract, commercial general liability, automobile liability and worker’s compensation insurance.

The amount of the commercial general liability and automobile insurance shall not be less than the following:

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• Single limit coverage applying to bodily and personal injury liability and property damage:

Primary General Liability and Automobile Liability policy shall have single limit coverage not less than $ 2,000,000. The minimum insurance requirements cannot be satisfied through Umbrella/Excess insurance policies.

The following insurer endorsements are required if not part of the policy:

1. The City of Tustin, its elective and appointive boards, officers, agents and employees named as additional insured in the policy as to the work being performed under the contract;

2. The coverage is primary and no other insurance carried by the City of Tustin will be called upon to contribute to a loss under this coverage;

3. The policy covers blanket contractual liability;

4. The policy limits or liability are provided on an occurrence basis;

5. The policy covers broad form property damage liability;

6. The policy covers personal injury as well as bodily injury liability;

7. The policy covers explosion, collapse, and underground hazards;

8. The policy covers products and completed operations;

9. The policy covers use of non-owned automobiles; and

10. The coverage shall not be cancelled or terminated unless thirty (30) days' written notice is first given to the City of Tustin.

11. Insurers shall be authorized to do business in the State by the Department of Insurance and shall meet the following qualifications:

A.M. Best’s Rating of Grade A and Class VII (seven) (if an Admitted Insurer), and Grade A- or better and Class X (ten) or better (if offered by a Surplus Line Broker) is acceptable. Workers’ compensation insurance rated Grade B- or better and Class VII (seven) or better, or offered by the State Compensation Fund, is acceptable.

12. The worker’s compensation and employer’s liability insurance policies shall contain a waiver of subrogation in favor of the City.

Contractor shall provide to the City within ten (10) working days after the date of notice of award of the contract evidence of the aforementioned insurance with insurer endorsements, which must meet the requirements of this Article. An Acord Certificate will be accepted solely as evidence of the name of the insurers and the amounts of insurance. Failure to comply with these requirements will result in annulment of the award, forfeiture of the proposal guarantee, and the City will pursue award to the next qualified responsive bidder. Contractor is advised that insurance requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions.

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ARTICLE IX

The City and Contractor agree to attempt to orally resolve any disputes which may give rise to a claim (hereafter, "Claim") that falls within the definition of Public Contract Code section 9204 (hereafter, "Section 9204"). If these efforts are unsuccessful, the City and Contractor shall process the Claim in accordance with Section 9204. In summary, if the Contractor decides to submit a Claim to the City, it shall be sent by registered or certified mail, return receipt requested, together with reasonable documentation to support the Claim. A Claim may include a Claim by a subcontractor or a lower tier subcontractor meeting the requirements of Public Contracts Code Section 9204(d)(5).

Within 45 days of receipt of the Claim, or any extension thereof agreed upon by the City and the Contractor, the City will conduct a reasonable review of the Claim and provide the Contractor with a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Payment of any undisputed portion of the Claim shall be made within 60 days after the City issues its written statement. If the City does not provide a written statement within the time specified, the Claim shall be deemed rejected.

If the Contractor disputes the City's written statement or if the Claim is deemed rejected, the Contractor may demand in writing by registered or certified mail to the City, return receipt requested, an informal conference to meet and confer in an effort to settle the disputed portion of any Claim. Within 30 days of receipt of such written demand, the City shall schedule a meet and confer conference.

If any portion of the Claim remains in dispute after the conference, the City shall, within 10 City business days of the conclusion of the conference, provide the Contractor with a written statement identifying any portion that remains in dispute and any portion that is undisputed. Payment of any undisputed portion shall be made within 60 days after the City issues its written statement. Any remaining disputed portion shall be submitted to nonbinding mediation in accordance with Public Contracts Code Section 9204(c)(2)(B), unless the Bidder and City waive the mediation upon mutual written agreement.

ARTICLE X

Notwithstanding any other provision of the Agreement, the City may, at any time, and without any cause, terminate this Agreement in whole or in part, upon not less than seven (7) days’ written notice to Contractor. Such termination shall be effected by delivery to Contractor of a notice of termination specifying the effective date of the termination and the extent of the Work to be terminated. Contractor shall immediately stop work in accordance with the notice and comply with any other direction as may be specified in the notice or as provided subsequently by the City.

City shall pay Contractor for the work completed prior to the effective date of the termination, and such payment shall be Contractor’s sole remedy under this Agreement. Under no circumstances will Contractor be entitled to anticipatory or unearned profits, consequential damages, or other damages of any sort as a result of a termination or partial termination under this Paragraph. The Contractor shall insert in all subcontracts that the subcontractor and/or supplier shall stop work on the date of and to the extent specified in a notice of termination, and shall require subcontractor and/or supplier to insert the same condition in any lower tier subcontracts.

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In Witness Whereof, the parties have hereunto set their hands and seals the year and date first above written.

THE CITY OF TUSTIN

BY:

(SEAL) Mayor of the City of Tustin

ATTEST:

City Clerk of the City of Tustin

CONTRACT AND BOND APPROVED AS TO FORM:

Date City Attorney

APPROVED AS TO CONTENT:

Date City Engineer

CONTRACTOR

Firm Name:

(SEAL) By:

Title:

Note: Attach proper acknowledgment for signatures of authorized person(s) (use copies of blank form provided in Section C).

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Bond No.

Amount

Premium

CITY OF TUSTIN

PUBLIC CONTRACT

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That , as and hereinafter referred to collectively as "Principal", and a corporation organized and existing under the laws of the State of , and duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $ for payment of which Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows:

THE CONDITION OF THE ABOVE OBLIGATION IS THAT:

WHEREAS, Principal has entered into a contract dated , 20__, with City to do and perform the following, generally described work, which is more particularly described in said contract for the construction of:

[CIP NO.]

WHEREAS, all of such improvements are to be constructed and installed in accordance with the plans and specifications described, referred to and incorporated in said contract; and

WHEREAS, Principal shall commence and complete the construction and installation of such improvements as provided in said contract; and

NOW, THEREFORE, if Principal shall faithfully perform all agreements contained in the aforesaid contract, then this obligation shall be null and void.

PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements contained in the hereinabove described contract and all obligations, then this obligation shall remain in full force and effect.

PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and

PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety.

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IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of , 20 .

SURETY:

(Name)

(SEAL) Attorney-in-Fact

Address of Surety:

APPROVED AS TO FORM:

City Attorney Date

PRINCIPAL:

(SEAL) TITLE:

Address of Principal:

City Engineer Date

Note: Attach proper acknowledgment for both Surety & Principal (use copies of blank form provided in Section C).

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Bond No.

Amount

Premium

CITY OF TUSTIN

PUBLIC CONTRACT

LABOR AND MATERIALS PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That , as and hereinafter referred to collectively as "Principal", and a corporation organized and existing under the laws of the State of , and duly authorized to transact surety business in the State of California, as and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $ for payment of which Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows:

THE CONDITION OF THE ABOVE OBLIGATION IS THAT:

WHEREAS, Principal has entered into a contract dated , 20 , with the City to do and perform the following, generally described work, which is more particularly described in said contract for the construction of:

WHEREAS, Principal shall commence and complete the construction and installation of such improvements provided in said contract; and

NOW THEREFORE, if Principal shall pay the Contractor, his subcontractor, and all persons renting equipment or furnishing labor or materials to them for such improvements, for the full cost of such improvements and submit amounts due under the State Unemployment Insurance Act with respect to such labor, then this obligation shall be null and void.

PROVIDED, HOWEVER, if Principal shall not pay the subcontractor and all persons renting equipment or furnishing labor or materials to them for such improvements for the full cost of such improvements, or if Principal fails to submit amounts due under the State Unemployment Insurance Act with respect to such labor, then Surety will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons named in Civil Code Section 3181.

PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and

PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person named in Civil Code Section 3181 who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety.

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IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed day of , 20 .

SURETY:

(SEAL)

Attorney-in-Fact

Address of Surety:

APPROVED AS TO FORM:

City Attorney Date

PRINCIPAL:

(SEAL) TITLE:

Address of Principal:

City Engineer Date

Note: Attach proper acknowledgments for both Surety & Principal (use copies of blank form

D-12

COMPENSATION INSURANCE CERTIFICATE

Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract:

I am aware of the provisions of Section 3700 of the Labor Code which reads as follows:

"Every employer except the State shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State.

(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."

CONTRACTOR:

SIGNED:

NAME:

TITLE:

COMPENSATION INSURANCE CERTIFICATE

TO BE SUBMITTED WITH CONTRACT

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CONTRACTOR LICENSING STATEMENT TO BE PROVIDED BY SUCCESSFUL BIDDER

PRIOR TO AWARD OF CONTRACT

The undersigned Contractor or Corporate Officer, declares under penalty of perjury that the attached copy of the Contractor’s pocket licenses or certificate of licensure is current and valid, and is in a classification as required by the project specifications and appropriate to the work to be undertaken for this project.

PROJECT: [PROJECT NAME]

CONTRACTOR:

SIGNED:

NAME:

TITLE:

Note: Attach proper acknowledgments for both Surety & Principal (use copies of blank form

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C I T Y O F T U S T I N P U B L I C W O R K S D E P A R T M E N T C O N T R A C T C H A N G E O R D E R

Project:

Project Number: Change Order Number:

To (Contractor):

You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.

NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY ENGINEER.

Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

Change requested by:

CHANGE IN CONTRACT ITEMS

The following changes are hereby made to the contract:

INCREASE (DECREASE)

ITEM NO. DESCRIPTION UNIT PRICE QUANTITY AMOUNT

TOTAL

ADDITIONAL WORK (NON CONTRACT ITEM)

DESCRIPTION UNIT PRICE QUANTITY AMOUNT

TOTAL

GRAND TOTAL NET CHANGE

Payment for elimination/additions of bid items will be reflected on the progress payments.

http://intranet/CityForms/logos/CoT_Logo-2008.JPG

D-15

CHANGE TO CONTRACT PRICE

The contractor shall be paid a sum of $ for all work included in this change order.

This sum constitutes full compensation, including mark-ups and extended overhead. The compensation (time and cost) set forth in this Change Order comprises the total compensation due the Contractor, the Subcontractors and all suppliers, for the work or change defined in this Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees, on behalf of himself, all Subcontractors and all suppliers, that the stipulated compensation includes payment for all work contained in this Change Order, plus all payment for the interruption of schedules, extended overhead costs, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this Change Order shall indicate that the Change Order constitutes full mutual accord and satisfaction for the change, and that the time and/or cost under the Change Order constitutes the total equitable adjustment owed the Contractor, all Subcontractors, and all suppliers, as a result of this change. The Contractor, on behalf of himself, all Subcontractors and all suppliers, agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of or as a result of this Change Order or the impact of this Change Order on the remainder of the work under this Contract.

TOTAL COST THIS CHANGE ORDER: DECREASE INCREASE

By reason of this order the contract time completion will be adjusted as follows: _______ working days.

SUMMARY OF CONTRACT CHANGE ORDERS

COST OF PRECEDING CHANGE ORDERS: DECREASE _ INCREASE

TOTAL COST OF CHANGE ORDERS TO DATE DECREASE INCREASE

We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

Accepted Date Contractor

By Title

Approval recommended by Date

Construction Manager/Contract Administrator

Approved by Date

City Engineer

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D-17

STANDARD PROVISIONS AND CONDITIONS

PERMIT. This permit is not valid unless signed by the City Engineer or his authorized representative, and contains a City validation stamp.

This permit or an exact copy must be kept at the site of the work.

This permit is void if work is not completed within 6 months of the validation date, unless otherwise noted. An extension may be granted, if such extension is applied for no later than 72 hours before permit expires.

The City reserves the right to revoke this permit at anytime for non-compliance with its provisions and conditions.

INSPECTION. Inspections are required prior to beginning work, after completion of work, and at all other times as may be deemed necessary by the City Engineer or as specified in any applicable standards.

Inspections will be performed and construction permitted between the hours of 7:30 a.m. and 5:00 p.m. Mondays through Fridays, except City observed Holidays and alternating off Fridays.

STANDARDS. Applicant agrees to perform the work authorized by this permit in a safe and workmanlike manner subject to the approval of the City Engineer or his authorized representative. Work shall be done in conformance with all City ordinances, resolutions, standards and specifications in force and the latest edition of the Standard Specifications for Public Works Construction, “The Green Book”, unless otherwise specified. The applicant shall also comply with all pertinent codes, orders, regulations and laws of local, state, and federal governments, agencies and utilities.

PUBLIC CONVENIENCE AND SAFETY. Barricades must be kept and maintained on all trenches, excavations and obstructions. Warning lights must be maintained at night. Arrow boards shall be required on all arterial lane closures, and as required elsewhere. All traffic control warning and safety devices shall conform to the requirements set forth in the current Manual of Traffic Controls for Construction and Maintenance Work Zones issued by the State of California Department of Transportation (Caltrans).

The applicant shall be responsible for placing and maintaining in a safe and neat manner temporary bituminous surfacing in all areas where existing pavement has been removed. Permanent paving shall be placed in a timely manner as directed by the City Engineer.

Street closure(s) will not be permitted except upon specific approval of the City Engineer.

Access to fire hydrants shall be maintained at all times.

Construction materials, debris or equipment shall not be stored within the public right-of-way unless authorized by the City Engineer.

RESPONSIBILITY FOR DAMAGE AND LOSS. Applicant shall indemnify and save harmless the City of Tustin, its Officers and Agents from all suits or actions for any injuries or damages received or sustained by any person or persons by or from the applicant, his servants or agents and from any loss, damage, liability, cost or expense, including, but not limited to reasonable attorney fees that may arise during or be caused in any way by or in the construction of the work or by or inconsequence of any negligence in guarding the same, or for improper methods or materials used in the construction. The applicant shall indemnify and be liable for all costs or expenses, including, but not limited to reasonable attorney fees that may be incurred in enforcing this clause again the applicant.

LICENSES. Contractor must hold a valid State Contractors License for the class of work they will perform and must hold a valid CITY OF TUSTIN Business License.

GUARANTEES AND RESPONSIBILITIES. The work done shall be guaranteed for a period of one year. Failure of City Inspectors to detect flaws in the work shall not relieve the applicant of the responsibility to construct all work per City Standards.

ADDITIONAL FEES. The applicant shall be responsible and may be charged additional fees for reinspections and/or any miscellaneous inspections not expressly mentioned in the foregoing schedule.

Fees for a permit issued after work has started shall include a $100.00 penalty fee.

The City shall reserve the right to correct any deficiencies and all costs shall be borne by the applicant.

Failure to install barricades which are subsequently placed by the City to protect the public shall be billed to the applicant at a charge of $5.00 per barricade per day, $2.50 per warning light per day, plus all applicable City crew call-out costs.

CASH DEPOSITS. Excess deposits will be refunded only after final inspection and approval.

LABOR NON-DISCRIMINATION AND DISABILITIES ACT. In compliance with Federal Regulations, the City of Tustin does not discriminate on the basis of race, color, national origin, age or disability.

All public facilities must be constructed to the standards contained within the Americans with Disabilities Act.

USA/UTILITY MARKINGS. All USA/Utility markings shall be removed when work is completed.