Item 10 - Amend CIP for the West Willits Protected Bike Lanes from Fairview Street to Raitt Street

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CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT 19-6948 (ATPSBIL-5063(195)) WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET • The DBE may lease trucks without drivers from a non -DBE truck leasing company. If the DBE leases trucks from a non -DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. • A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. Nondiscrimination Statement The CONTRACTOR, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, the CONTRACTOR, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. Contract Assurance Under 49 CFR 26.13(b): The CONTRACTOR, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: • Withholding monthly progress payments; • Assessing sanctions; • Liquidated damages; and/or • Disqualifying the CONTRACTOR from future bidding as non -responsible. Prompt Progress Payment The CONTRACTOR or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the CONTRACTOR or subcontractor to a subcontractor, the CONTRACTOR or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee