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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 />3.Work requires a contractor's license and listed DBE does not have a valid license under <br />Contractors License Law. <br />4.Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or <br />refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is <br />a result of bad faith or discrimination). <br />5.Listed DBE's work is unsatisfactory and not in compliance with the Contract. <br />6.Listed DBE is ineligible to work on the Project because of suspension or debarment. <br />7.Listed DBE becomes bankrupt or insolvent. <br />8.Listed DBE voluntarily withdraws with written notice from the Contract <br />9.Listed DBE is ineligible to receive credit for the type of work required. <br />10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work <br />on the Contract. <br />11. The CITY determines other documented good cause. <br />The CONTRACTOR shall notify the original DBE of your intent to use other forces or material sources <br />and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the CONTRACTOR <br />and the CITY of the reasons why the use of other forces or sources of materials should not occur. <br />1. One or more of the reasons listed in the preceding paragraph. <br />2.Notices from the CONTRACTOR to the DBE regarding the request. <br />3.Notices from the DBEs to the CONTRACTOR regarding the request. <br />If the CITY authorizes the termination or substitution of a listed DBE, the CONTRACTOR must make <br />good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1) <br />perform at least the same amount of work as the original DBE under the Contract to the extent needed to <br />meet or exceed the DBE goal, and (2) be certified as a DBE with the most specific available NAICS codes <br />and work codes applicable to the type of work the DBE will perform on the Contract at the time of the <br />CONTRACTOR's request for substitution. The CONTRACTOR shall submit their documentation of <br />good faith efforts within 7 days of their request for authorization of the substitution. The CITY may <br />authorize a 7-day extension of this submittal period at the CONTRACTOR's request. More guidance can <br />be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal. <br />Commitment and Utilization <br />Note: In the CITY's reports of DBE participation to Caltrans, the CITY must display both commitments <br />and attainments. <br />The CITY's DBE program must include a monitoring and enforcement mechanism to ensure that DBE <br />commitments reconcile to DBE utilization. <br />The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid <br />book. This exhibit is the bidder's DBE commitment form. If the form is not submitted with the bid, the <br />bidder must remove the form from the Bid book before submitting their bid. <br />The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in <br />the Contract Documents regardless of whether DBE participation is reported. The bidder shall provide <br />written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's <br />
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