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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 />Information and Reports: CONTRACTOR shall provide all information and reports required by <br />the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, <br />accounts, other sources of information, and its facilities as may be determined by the California <br />Department of Transportation or FHWA to be pertinent to ascertain compliance with such <br />Regulations or directives. Where any information required of CONTRACTOR is in the exclusive <br />possession of another who fails or refuses to furnish this information, CONTRACTOR shall so <br />certify to the California Department of Transportation or the FHWA as appropriate, and shall set <br />forth what efforts CONTRACTOR has made to obtain the information. <br />• Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the <br />nondiscrimination provisions of this Contract, the California Department of Transportation shall <br />impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, <br />but not limited to: <br />o withholding of payments to CONTRACTOR under the Contract within a reasonable period <br />of time, not to exceed 90 days; and/or <br />o cancellation, termination or suspension of the Contract, in whole or in part. <br />• Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (A) <br />through (F) in every sub -agreement, including procurements of materials and leases of equipment, <br />unless exempt by the Regulations, or directives issued pursuant thereto. <br />CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the California <br />Department of Transportation or FHWA may direct as a means of enforcing such provisions including <br />sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved <br />in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, <br />CONTRACTOR may request the California Department of Transportation enter into such litigation to <br />protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter <br />into such litigation to protect the interests of the United States. <br />Appendix E <br />During the performance of this Contract, the CONTRACTOR, for itself, its assignees, and successors in <br />interest (hereinafter referred to as the "CONTRACTOR") agrees to comply with the following non- <br />discrimination statutes and authorities, including, but not limited to: <br />Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits <br />discrimination on the basis of race, color, national origin); and 49 CFR Part 21. <br />The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 <br />U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been <br />acquired because of Federal or Federal -aid programs and projects); <br />Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis <br />of sex; <br />
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