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CITY OF SANTA ANA <br /> SPECIFICATIONS <br /> PROJECT NO.: 25-6030 <br /> TRAFFIC SIGNAL INSTALLATION AT SEGERSTROM AVENUE AND ROSEWOOD <br /> AVENUE <br /> (C)If the public entity needs approval from its governing body to provide the claimant a <br /> written statement identifying the disputed portion and the undisputed portion of the <br /> claim, and the governing body does not meet within the 45 days or within the mutually <br /> agreed to extension of time following receipt of a claim sent by registered mail or <br /> certified mail, return receipt requested, the public entity shall have up to three days <br /> following the next duly publicly noticed meeting of the governing body after the 45- <br /> day period,or extension,expires to provide the claimant a written statement identifying <br /> the disputed portion and the undisputed portion. <br /> (D)Any payment due on an undisputed portion of the claim shall be processed and made <br /> within 60 days after the public entity issues its written statement. If the public entity <br /> fails to issue a written statement, paragraph(3)shall apply. <br /> (2) (A)If the claimant disputes the public entity's written response, or if the public entity fails <br /> to respond to a claim issued pursuant to this section within the time prescribed, the <br /> claimant may demand in writing an informal conference to meet and confer for <br /> settlement of the issues in dispute. Upon receipt of a demand in writing sent by <br /> registered mail or certified mail, return receipt requested, the public entity shall <br /> schedule a meet and confer conference within 30 days for settlement of the dispute. <br /> (B)Within 10 business days following the conclusion of the meet and confer conference, <br /> if the claim or any portion of the claim remains in dispute, the public entity shall <br /> provide the claimant a written statement identifying the portion of the claim that <br /> remains in dispute and the portion that is undisputed. Any payment due on an <br /> undisputed portion of the claim shall be processed and made within 60 days after the <br /> public entity issues its written statement. Any disputed portion of the claim, as <br /> identified by the contractor in writing,shall be submitted to nonbinding mediation,with <br /> the public entity and the claimant sharing the associated costs equally.The public entity <br /> and claimant shall mutually agree to a mediator within 10 business days after the <br /> disputed portion of the claim has been identified in writing. The public entity and <br /> claimant shall mutually agree to a mediator within 10 business days after the disputed <br /> portion of the claim has been identified in writing. Each party shall bear the fees and <br /> costs charged by its respective mediator in connection with the selection of the neutral <br /> mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall <br /> be subject to applicable procedures outside this section. <br /> (C)For purposes of this section,mediation includes any nonbinding process, including,but <br /> not limited to, neutral evaluation or a dispute review board, in which an independent <br /> third party or board assists the parties in dispute resolution through negotiation or by <br /> issuance of an evaluation. Any mediation utilized shall conform to the timeframes in <br /> this section. <br /> (D)Unless otherwise agreed to by the public entity and the contractor in writing, the <br /> mediation conducted pursuant to this section shall excuse any further obligation under <br /> Section 20104.4 to mediate after litigation has been commenced. <br /> 23 <br />