SANTA ANA HISTORIC PRES SOC 5A - 2002

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'-' '-" 2, NOTICE TO PROCEED The work shall begin no later than twenty (20) calendar days from and after Subrecipient gives the Contractor written notice to proceed, Failure by Contractor without lawful excuse to substantially begin work within twenty (20) days of the date of receipt of said written notice to proceed shall postpone the next succeeding payment to the Contractor for that period of time equivalent to the time between when work was to begin and when it did begin, Subrecipient and the City shall give said notice to proceed within forty-five (45) calendar days from and after the date of the signing of this Agreement. If the written notice to proceed is not received by Contractor within said period, Contractor reserves the right to withdraw his bid and proposal. 3, TIME FOR COMPLETION All work shall be satisfactorily completed within forty-five (45) calendar days from and after the date of when said work is commenced. 4, CLEANUP Subrecipient shall ensure that the Contractor shall keep the premises clean and orderly during the course of the work and remove all debris at the completion of the work. Materials and equipment that have been removed and replaced as part of the work shall belong to Contractor. 5. DAVIS-BACON ACT All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000,00, fmanced in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 D,S.C. sections 276a - 276a-5, Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. ~5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. ~5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. ~5.5. . A breach of the contract clauses in 29 C.F.R, ~5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. ~5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F,R. ~5.6(a)(3)]. 6, CHARGES AND LIENS Subrecipient shall ensure that the Contractor shall pay when due all valid charges for labor and material incurred by Contractor and used in the rehabilitative construction work pursuant to this Agreement and shall also be responsible for keeping the job free of mechanic's liens recorded by any of the persons enumerated in California Civil Code ~ 3110, If Contractor fails to make any payments required pursuant to this paragraph, or if Contractor fails to keep said real property free of mechanic's liens incurred by or under Contractor or its subcontractors, Subrecipient may settle said claims and Contractor shall notify Subrecipient and the City in writing when a legitimate dispute arises between Contractor and any and all persons enumerated in California Civil Code ~ 311 O. In the event of such dispute, Contractor shall record a bond pursuant to in California Civil Code ~ 3143 releasing said real property from liens of any and all persons. If Contractor fails or is unable to obtain said bond, Subrecipient may obtain and record said bond and deduct the costs from any payment due Contractor. 7. CORRECTION AND DEFECTS Contractor shall correct any work that fails to conform to the requirements of this Agreement or any documents pursuant thereto, where said failure to conform appears during the progress of the work. Contractor shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one (I) year from the date of substantial completion of the work or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by this Agreement or any document pursuant thereto. 20f6