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identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be <br />clearly distinguishable from City employee uniforms. <br />3.7. Director's Authority. The Director is the only person authorized to direct changes in any of the <br />requirements under the Agreement and, not withstanding any provisions contained elsewhere in the <br />Agreement, and said authority remains solely in the Director. In the event that the Contractor effects <br />any such changes at the direction of any person other than the Director, the changes will be considered <br />to have been made without authority and solely at the risk of the Contractor. In addition, the Director <br />shall have the authority to accept/reject materials, workmanship and to make minor changes in work or <br />schedule, not involving extra cost. When the performance of the work or completion per schedule is <br />determined to be sub -standard, he may (1) recommend that all or a portion of payment be withheld, <br />and/or forfeiture for delay in assessed; and/or (2) direct the work be accomplished by either City forces <br />or separate contractor, in order to complete the necessary work as close to schedule as possible, and <br />withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment <br />due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable for <br />said deficiency and will be billed accordingly. The Director or his authorized representative shall <br />decide all questions, which may arise as to the manner of performance and completion per schedule, <br />acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and <br />compensation, including completion of work by alternate sources. <br />3.8. Subcontractors <br />3.8.1. Designation of Subcontractors. In accordance with the provisions of Section 4100 and <br />subsequent section of the Government Code concerning the Subletting and Subcontracting Fair <br />Practices Act, bids on public contracts and for all work except the construction, improvement, or <br />repair of streets or highways and bridges shall include a listing of all subcontractors who will <br />perform work or labor or render service to the prime contractor's total bid. This requirement for <br />the listing of subcontractors also extends to that portion of street or highway work involving street <br />lighting and traffic signals as noted in Section 4100.5. The portion of work, which will be done by <br />each such subcontractor, must be listed and only one such subcontractor shall be listed for each <br />portion. <br />3.8.2. Failure to Specify Subcontractors. If the bidder fails to specify a subcontractor for any portion of <br />the work to be performed under the contract in excess of one-half of one percent of the bidder's <br />total bid, he agrees to perform that portion himself. The successful bidder shall not, without the <br />written consent of the city: <br />3.8.2.1. Substitute any person or firm as subcontractor in place of the subcontractor designated in <br />the original bid. <br />3.8.2.2. Permit any subcontract to be assigned or transferred or allow it to be performed by <br />anyone other than the original subcontractor listed in the bid. <br />3.8.2.3. Subcontract any portions of the work after bid is submitted if the cost thereof exceeds <br />one-half of one percent of the total bid and a subcontractor was not designated for the work in <br />the original bid. <br />City of Santa Ana RFP 21-102 <br />Page 16 <br />