23A - PROJ - WATER MAIN IMPROVEMENTS

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CITY OF SANTA ANA SPECIFICATIONS SECTION 9 — MEASUREMENT AND PAYMENT 9 -3.2 PARTIAL AND FINAL PAYMENT Add the following to this subsection: Prior to judicial determination of any claim or claims or in accord therewith, the City may apply an amount withheld to the payment and satisfaction of sub - contractors for labor and services rendered and materials furnished. In so doing, the City shall be deemed the agent of the Contractor and any payment so made by the City shall be considered as a payment made in good faith; provided that such payment shall not be made except by court order if the Contractor furnished a bond satisfactory to the City to indemnify the City against any lien or claim. If any lien or claim should remain unsatisfied after final payment to the Contractor, the Contractor, upon demand, shall refund to the City any money that the latter may be compelled to pay to discharge such lien or claim, including all costs and reasonable attorney's fees. Before the City will make the final payment to the Contractor, the Contractor shall furnish the City with lien releases from all sub - contractors and suppliers of material, together with a certified statement that the releases represent all the materials furnished and all the sub- contractors engaged for the work. 9 -3.4 MOBILIZATION Add the following to this subsection: Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site. Mobilization shall additionally include the establishment of any temporary facilities and the installation of project signs. The City will provide the project signs. The Contractor will be required to pick up the project signs from the City Yard and install them. At the end of construction, the contractor shall return the project signs to the City Yard. A minimum of one week before the start of construction, the Contractor shall videotape all areas where construction is to take place. The videotapes are to be supplied to the Engineer before constructions begins. These videotapes will serve as a record of the existing conditions for disputes that may arise from restoration and should therefore be taken along the line of construction and site access and staging areas at sufficient detail as necessary to clearly depict details of existing conditions. The videotapes shall be standard VHS cassette format in color. All videotapes shall be indexed and catalogued in such a manner that each photographed area is readily identifiable and shall also indicate the date and time (hours, minutes and seconds) on S -9a 23A -78