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