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CITY OF SANTA ANA <br />SPECIFICATIONS <br />PROJECT NO.: XX-XXXX <br /> PROJECT TITLE <br /> <br />22 <br />45-day period, or extension, expires to provide the claimant a written statement <br />identifying the disputed portion and the undisputed portion. <br />(D) Any payment due on an undisputed portion of the claim shall be processed and made <br />within 60 days after the public entity issues its written statement. If the public entity <br />fails to issue a written statement, paragraph (3) shall apply. <br />(2) (A) If the claimant disputes the public entity’s written response, or if the public entity <br />fails to respond to a claim issued pursuant to this section within the time prescribed, <br />the claimant may demand in writing an informal conference to meet and confer for <br />settlement of the issues in dispute. Upon receipt of a demand in writing sent b y <br />registered mail or certified mail, return receipt requested, the public entity shall <br />schedule a meet and confer conference within 30 days for settlement of the dispute. <br />(B) Within 10 business days following the conclusion of the meet and confer conference, <br />if the claim or any portion of the claim remains in dispute, the public entity shall <br />provide the claimant a written statement identifying the portion of the claim that <br />remains in dispute and the portion that is undisputed. Any payment due on an <br />undisputed portion of the claim shall be processed and made within 60 days after the <br />public entity issues its written statement. Any disputed portion of the claim, as <br />identified by the contractor in writing, shall be submitted to nonbinding mediation, <br />with the public entity and the claimant sharing the associated costs equally. The <br />public entity and claimant shall mutually agree to a mediator within 10 business days <br />after the disputed portion of the claim has been identified in writing. The public entity <br />and claimant shall mutually agree to a mediator within 10 business days after the <br />disputed portion of the claim has been identified in writing. Each party shall bear the <br />fees and costs charged by its respective mediator in connection with the selection of <br />the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in <br />dispute shall be subject to applicable procedures outside this section. <br />(C) For purposes of this section, mediation includes any nonbinding process, including, <br />but not limited to, neutral evaluation or a dispute review board, in which an <br />independent third party or board assists the parties in dispute resolution through <br />negotiation or by issuance of an evaluation. Any mediation utilized shall conform to <br />the timeframes in this section. <br />(D) Unless otherwise agreed to by the public entity and the contractor in writing, the <br />mediation conducted pursuant to this section shall excuse any further obligation under <br />Section 20104.4 to mediate after litigation has been commenced. <br />(E) This section does not preclude a public entity from requiring arbitration of disputes <br />under private arbitration or the Public Works Contract Arbitration Program, if <br />mediation under this section does not resolve the parties’ dispute. <br />(3) Failure by the public entity to respond to a claim from a contractor within the time <br />periods described in this subdivision or to otherwise meet the time requirements of this <br />section shall result in the claim being deemed rejected in its entirety. A claim that is <br />505 E Central Ave <br />#B11/6/2024