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Item 10 - Amend CIP for the West Willits Protected Bike Lanes from Fairview Street to Raitt Street
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03/07/2023 Special and Regular
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Item 10 - Amend CIP for the West Willits Protected Bike Lanes from Fairview Street to Raitt Street
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Agenda Packet
Agency
Clerk of the Council
Item #
10
Date
3/7/2023
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CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT AGREEMENT <br />:PROJECT 19-6948 (ATPSBIL-5063(195)) <br />WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET <br />to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that <br />payment is not made. <br />In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his <br />or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, <br />and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both <br />DBE and non -DBE subcontractors. <br />Prompt Payment of Withheld Funds to Subcontractors <br />The CITY shall hold retainage from the CONTRACTOR and shall make prompt and regular incremental <br />acceptances of portions, as determined by the CITY of the Contract work and pay retainage to the prime <br />CONTRACTOR based on these acceptances. The CONTRACTOR or subcontractor shall return all <br />monies withheld in retention from all subcontractors within seven (7) days after receiving payment for <br />work satisfactorily completed and accepted including incremental acceptances of portions of the Contract <br />work by the CITY. Any delay or postponement of payment may take place only for good cause and with <br />the CITY's prior written approval. Any violation of these provisions shall subject the violating <br />CONTRACTOR or subcontractor to the penalties, sanctions, and other remedies specified in Section <br />7108.5 of the California Business and Professions Code and Section 10262 of the California Public <br />Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative <br />or judicial remedies otherwise available to the CONTRACTOR or subcontractor in the event of a dispute <br />involving late payment or nonpayment by the CONTRACTOR; deficient subcontractor performance <br />and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors. <br />Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds <br />to Subcontractors shall subject the violating CONTRACTOR or subcontractor to the penalties, sanctions <br />and other remedies specified therein. These requirements shall not be construed to limit or impair any <br />contractual, administrative, or judicial remedies otherwise available to the CONTRACTOR or <br />subcontractor in the event of a dispute involving late payment or nonpayment by CONTRACTOR, <br />deficient subcontract performance, or noncompliance by a subcontractor. <br />Termination and Substitution of DBE Subcontractors <br />The CONTRACTOR shall utilize the specific DBEs listed to perform the work and supply the materials <br />for which each is listed unless the CONTRACTOR obtains the CITY's written consent. The <br />CONTRACTOR shall not terminate or substitute a listed DBE for convenience and perform the work with <br />their own forces or obtain materials from other sources without prior written authorization from the CITY. <br />Unless the CITY's prior written consent is provided, the CONTRACTOR shall not be entitled to any <br />payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G <br />Construction Contract DBE Commitment form, included in the Bid. <br />The CITY authorizes a request to use other forces or sources of materials if the bidder shows any of the <br />following justifications: <br />1.Listed DBE fails or refuses to execute a written contract based on plans and specifications for <br />the project. <br />2.The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE <br />fails to meet your bond requirements. <br />
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