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CITY OF SANTA ANA <br />INSTRUCTIONS TO BIDDERS <br />PROJECT NO.: XX-XXXX <br />PROJECT TITLE <br /> <br />xxvii <br />(6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs <br />(1) through (6) in every sub-agreement, including procurements of materials and leases of <br />equipment, unless exempt by the Regulations, or directives issued pursuant thereto. <br />CONTRACTOR shall take such action with respect to any sub-agreement or procurement <br />as the California Department of Transportation or FHWA may direct as a means of <br />enforcing such provisions including sanctions for noncompliance, provided, however, <br />that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation <br />with a sub-applicant or supplier as a result of such direction, CONTRACTOR may <br />request the California Department of Transportation enter into such litigation to protect <br />the interests of the State, and, in addition, CONTRACTOR may request the United States <br />to enter into such litigation to protect the interests of the United States <br />USE OF UNITED STATES-FLAG VESSELS <br />The CONTRACTOR agrees- <br />1. To utilize privately owned United States-flag commercial vessels to ship at least 50 <br />percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, <br />and tankers) involved, whenever shipping any equipment, material, or commodities <br />pursuant to this contract, to the extent such vessels are available at fair and reasonable <br />rates for United States-flag commercial vessels. <br />2. To Furnish within 20 days following the date of loading for shipments originating within <br />the United State or within 30 working days following the date of loading for shipments <br />originating outside the United States, a legible copy of a rated “on-board” commercial <br />ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of <br />this section to both the Contracting Officer (through the prime contractor in the case of <br />subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market <br />Development, Maritime Administration, Washington, DC 20590. <br />3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant <br />to this contract. <br />CERTIFICATIONS, STATEMENTS, FORMS AND QUESTIONNAIRES <br />The City of Santa Ana, as AGENCY, will require, prior to the award of any non-exempt <br />Federally assisted construction contract or subcontract, that each prospective contractor and <br />subcontractor submit the Certifications, Statements, Forms and Questionnaires which are <br />included as an Appendix of the Contract Documents. <br /> <br />505 E Central Ave <br />#B11/6/2024